A Green Card is much more than a piece of plastic. It signifies your status as a lawful permanent resident in the U.S. – your ticket to living and setting roots in America. Holding a valid Green Card status opens doors to many opportunities. It grants you the right to live in the U.S. indefinitely, work at any job you qualify for, and be a part of the fabric of American society. However, your Green Card status may be at risk due to your decisions and actions, intentional or not.
Common Pathways to Legal Green Card Status
If you are dreaming of making the U.S. your permanent home, there are several paths you can take to acquire a Green Card – and each path caters to different individual circumstances:
Family-Based Immigration: Perhaps the most common route, U.S. Citizens or permanent resident relatives can sponsor your application for a Green Card.
Employment-Based Opportunities: For those with specific job skills, employment can be a gateway to permanent legal residence in the United States.
Refugee or Asylee Status: Those fleeing persecution or severe hardships in their home countries may seek a Green Card as refugees or asylees.
Lottery System: The Diversity Immigrant Visa Program offers a chance to a limited number of people from specific countries that have low rates of immigration to the U.S.
Special Categories: This includes religious workers, international broadcasters, and certain employees of international organizations.
Long-Time Residents: In some cases, individuals who have lived in the United States for an extended period might be eligible.
There are many more niche ways to acquire a Green Card. But once you have one, is your place in the U.S. locked in forever?
Potential Reasons for Losing Your Green Card
Many believe once they have a Green Card, it’s theirs forever, no matter what. This isn’t the case. Neglecting to renew your card doesn’t automatically result in loss of status, but it can lead to difficulties in proving legal residency. Similarly, holding a Green Card doesn’t mean you can’t be deported. Serious legal infractions can still lead to deportation, even for permanent residents.
A Green Card binds you to the U.S., not just by privilege, but by presence. Staying outside the U.S. for too long can jeopardize this bond. If you’re absent for over a year, you risk being seen as abandoning your residency. Prolonged absences raise questions about your commitment to living permanently in the U.S. and may result in losing your Green Card status.
Additionally, your Green Card comes with responsibilities. Filing U.S. tax returns is mandatory, as it demonstrates your commitment to abide by the laws of the country. Neglecting this duty, or worse, engaging in criminal activities, can have severe consequences. Violations can tarnish your record and signal to authorities that you’re not upholding the obligations of your residency. This can lead to various legal actions against you, including the possibility of losing your Green Card.
Voluntary and Involuntary Surrender of Green Card
You might part with your Green Card in two ways: voluntarily surrendering it or losing it involuntarily.
Voluntary Surrender: If you choose to give up your Green Card, perhaps due to relocation or a change in circumstances, you must file Form I-407. This form officially records your decision to abandon your permanent resident status. You must provide details like your last departure from the U.S. and your reasons for surrendering the card. Voluntarily relinquishing your Green Card is a significant decision and should only be made with careful consideration of the future implications, especially if you plan to return to the U.S. later. We recommend never voluntarily surrendering your Green Card without discussing your options with an attorney.
Involuntary Surrender: In contrast, involuntary surrender occurs when you’re compelled to give up your Green Card. This can happen if you violate immigration laws or commit serious crimes. In some cases, upon attempting to enter the U.S., an immigration officer at the port of entry might ask you to sign Form I-407, especially if they believe you’ve abandoned your residency, for example, by living outside the U.S. for an extended period.
Are you at risk of losing your Green Card? Contact the team at Probinsky & Cole today to discover your options going forward to protect your status.
