Recent developments have raised serious concerns among green card holders, casting new light on the fragile nature of U.S. lawful permanent residency. Once considered a near-equivalent to U.S. citizenship, recent enforcement actions and legal trends underscore key differences, and potential vulnerabilities.
Know Your Rights as a Green Card Holder
Green card holders, or Lawful Permanent Residents (LPRs), have important privileges:
- Live permanently in the U.S. unless you commit certain deportable offenses
- Work in any lawful employment (except for jobs requiring U.S. citizenship)
- Receive protection under all federal, state, and local laws
Grounds for Green Card Revocation
Green card status is not immune to scrutiny or revocation. Common causes include:
1.Criminal Convictions: Serious offenses, such as aggravated felonies or crimes involving moral turpitude, can result in deportation.
2.Fraudulent Activity: False information during the application process or subsequent fraud may trigger revocation.
3.Abandonment of Residency: Spending significant time outside the U.S. without maintaining clear ties to your U.S. residence can be seen as abandoning your status.
a. Under the Immigration and Nationality Act (INA), green card holders returning after 180 days are deemed to be seeking re-admission and can be questioned about continuing ties to the U.S.
b. Although scrutiny is expected after one year abroad, recent trends show increasing enforcement for absences as short as six months.
4.National Security Concerns: Involvement in activities that pose a national security risk may result in revocation or removal.
Steps to Protect Your Permanent Resident Status
- Maintain U.S. Residency: Treat the U.S. as your primary home. Consider a Reentry Permit if planning to be abroad for an extended period.
- Keep Evidence of Ties: Carry supporting documentation such as tax filings, lease agreements, property deeds, or proof of U.S. employment.
- Avoid Risky Travel: If you’ve spent long periods outside the U.S. or have criminal convictions, consult an immigration attorney before traveling.
- Know Your Border Rights: At ports of entry, you cannot be required to surrender your green card. Do not be pressured to sign the Form I-407 to voluntarily surrender your green card! Your green card can only be revoked in immigration court by a judge.
- Consult a Legal Expert: If you face legal trouble or plan significant life changes, talk to an immigration attorney proactively.
Why You Should Consider Naturalization
Even with its privileges, a green card doesn’t offer the protections that U.S. citizenship provides. Naturalization offers:
- Protection from Deportation: U.S. citizens cannot have their citizenship taken away unless their citizenship was obtained through fraud.
- Freedom of Travel: Citizens can reenter the U.S. at any time, with no questions asked.
- Voting Rights: Participate fully in U.S. democracy and have a say in how policies are shaped.
- Expanded Benefits Access: U.S. citizens qualify for Medicare, Medicaid, Social Security, and other federal programs.
What Should You Do Now?
While lawful permanent residency offers significant rights, it comes with responsibilities and growing risks under heightened scrutiny. Stay informed, act with caution, and take steps to protect your status.
📞 Concerned about your green card or ready to explore U.S. citizenship? Call VisaPro at (202) 787-1944 or visit https://www.visapro.com/contact-us/ to schedule a consultation with our immigration attorneys.
Stay protected. Stay informed. Stay secure.
