Protecting Your Permanent Residency in the United States

PERMANENT RESIDENCY EXPLAINED

A person's permanent resident status is the legal status of that person as a resident of a country or territory. Permanent residency is available to non-citizens to give legal rightful status them to live in the country or territory where they are seeking. This means that they are allowed to stay in that place permanently. In the United States, this is commonly known as having a green card, but it is more formally called being a Lawful Permanent Resident (LPR).

For many people, getting a green card can be a complex and difficult process. A green card can give you certainty and peace of mind that you can live and work in the United States permanently without any issue. But your permanent resident status can be taken away if you do something that violates certain criminal laws or immigration requirements. There are several actions that can result in the loss of a green card or permanent residency status.

ACTIONS THAT CAN PUT YOUR PERMANENT RESIDENCY IN JEOPARDY

• Specific Criminal Activity

If you are a permanent resident, committing certain crimes can have very serious consequences. You could lose your green card or be deported. Some examples of crimes that can lead to deportation are drug offenses, domestic violence, firearms offenses, and other crimes that considered crimes of moral turpitude. It is very important that you speak with an attorney if you are arrested and get advice from an immigration attorney about how the arrest might affect your immigration status before the criminal case is completed.

• Failing to Remove Conditions from Conditional Residency Permit

If you have a conditional green card, you need to remove the conditions on your residency within two years. If you don't, then your residency can be terminated, and you may be deported. Make sure to keep track of the expiration date and follow the correct process for removing the conditions.

• Making False Claims of U.S. Citizenship

Noncitizens who falsely claim to be U.S. citizens can be removed from the United States. It is a serious violation of law and can have very bad consequences for your immigration status. There are very few waivers of removability granted where someone is excused by immigration for this crime.

If you are facing any of the above situations, then your permanent residency status is at risk. Make sure that you speak to an experienced immigration attorney who can help put you on the right track to keep your permanent residency status.

THE EFFECT OF EXTENDED ABSENCES FROM THE U.S.

If you are a green card holder and stay outside of the United States for an extended period, then you might be considered to have abandoned your permanent resident status. Generally, trips outside the United States for less than six months are allowed without issue. If you are absent from the U.S. for six months to one year, there might be more questioning at the border, and you should have a good explanation for being gone for so long. If you are gone for one year or more, then it is likely that you will be considered to have abandoned your status, unless you have gotten pre-approval from the government allowing you to be gone for that long.

SCHEDULE A CONSULTATION WITH YOU ARE HOME TODAY!

You Are Home is proud to offer consultations with our immigration attorneys in person, over the phone, or videoconference on Zoom. To set up a consultation with one of our experienced immigration lawyers, you can do so online here. You will be able to have your general questions answered and any of your documents reviewed during this consultation. If you decide to continue to use You Are Home to help you further with your immigration case, then we will credit your consultation fee towards the cost of those services. Get the representation you need, let the experienced attorneys at You Are Home help you earn the legal right to live, work, study, and stay in the United States.