Official websites use .gov The USCIS provides an online service to update your address. The first way that green card holders can lose their green card is by... Get a Reentry Permit if You Will be Outside the U.S. for One Year or More. Register with Selective Service if You Qualify. Microsoft Edge. Your dependents and other family members live in another country. Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may help show that you planned for this to be a temporary absence. Firefox, or Unfortunately, there is no single rule for how long you can or cannot leave the U.S. This will require you to demonstrate that you were away from the U.S. longer than a year due to unforeseeable circumstances (e.g., due to illness). We can assess your situation and determine how best to protect your legal status, and, if necessary, we can fight for your rights in court. If you find yourself in this situation, retaining qualified counsel is imperative. How to Keep Your Green Card Leaving the United States: General Guidelines. Not all crimes will lead to deportation. Moving to another country and intending to live there permanently; Declaring yourself a “nonimmigrant” on your U.S. tax returns; or. If you are convicted of a crime (or even just arrested), you may be at risk of a removal proceeding. Get started today and find an immigration attorney near you. "How Do I" Guides for Permanent Residents, We determine you were not eligible to obtain a Green Card at the time we approved your adjustment of status (Green Card) application; and. Copyright © 2020, Thomson Reuters. The information on this website is for general information purposes only. A .gov website belongs to an official government organization in the United States. It's important to contact an immigration attorney, because criminal attorneys may not fully understand the consequences of the charges to your immigration status. We recommend using INA sections 212 and 237 describe the grounds on which you may be ordered removed from the United States. If you fail to get a reentry permit, you must apply at a U.S. consulate abroad for a special immigrant visa as a returning resident. You may be deported even for civil offenses that require no jail time. You just became a lawful permanent resident. Contact a qualified immigration attorney to help you with visa procedures. In addition, violating the law isn't limited to criminal offenses. The following circumstances may place your status under scrutiny: Unfortunately, the only way an immigrant can obtain unconditional protection against deportation is to become a U.S. citizen. They are: In order to keep your green card, it pays to know the rules. You are not regularly employed in the U.S. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The rule is relatively simple, but determining what someone's intent is can be difficult. As a green card holder, you are required to advise the USCIS of a change of address within ten days of moving. You should apply before you leave, and you will likely need to fill out a Form I-131. A reentry permit will allow you to stay outside of the U.S. for up to two years, and the reentry permit serves as an entry document once you return. Once you become a lawful permanent resident (Green Card holder), you maintain permanent resident status until you: Apply for and complete the naturalization process; or. Consequently, border officials are trained to look for signals that your true residence is outside the U.S. You may have heard the rule that to avoid this, you need to reenter the U.S. once a year. You will lose your permanent resident status if an immigration judge issues a final removal order against you. Visit our professional site », Created by FindLaw's team of legal writers and editors All permanent residents must take certain steps to ensure their status is exactly that—permanent. If a green card holder leaves the U.S. with the intention of making some other country his or her permanent home, then the green card holder's U.S. residency is lost. Share sensitive information only on official, secure websites. You can travel more freely in and out of the U.S., sponsor certain relatives for green cards, apply for benefits, and much more. Search, leaving the U.S. for extended periods of time, United States Citizenship and Immigration Services, By leaving the U.S. for extended periods of time, Entering the U.S. within six months of leaving will usually avoid any problems, Avoid leaving the U.S. for more than a year, If you do plan on being outside of the U.S. for a year or more, apply for a reentry permit. All rights reserved. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Stay up-to-date with how the law affects your life, Name Remaining outside of the United States for an extended period of time, unless it’s a temporary absence, as shown by: How long you planned to be absent from the United States; Any other circumstances of your absence; and. You might have waited months or even years for this status, but the benefits are well worth it. All male lawful permanent residents (green card holders) between the ages of 18 and 25 must register with the Selective Service System (SSS), which tracks those eligible for U.S. military service in the event of a sudden need of troops (or draft). Chose to abandon your status and surrender your Green Card. How Do I Help My Relative Become a Lawful Permanent Resident? There are several ways that you can lose your status as a lawful permanent resident. Prove Your Intent to Live in the U.S. by Applying for Citizenship. Close All Open All. Have been ordered removed from the United States; or. Nothing on this site should be taken as legal advice for any individual Immigration law is quite complicated and you may benefit from the counsel of an attorney. Lose or abandon your status. Section 216 of the Immigration and Nationality Act (INA) allows you to become a lawful permanent resident on a conditional basis, based on marriage. You would not have been eligible for a Green Card under any other provision of law. Please try again. This requirement does not apply to those who are in the U.S. on a temporary visa; who entered the U.S. after their 26th birthday; or if you didn't actively maintain your green card status by residing in the U.S. Failure to register with the Selective Service, which also is required of male U.S. citizens, could jeopardize your application for naturalization or your ability to lawfully remain in the U.S. Don't Delay: Get Professional Legal Help with Your Visa Needs. For many permanent residents, U.S. citizenship is the final step of the immigration journey—if this is the case for you, we can guide you through every step of the process. There is no specific list of exactly which laws qualify you for deportation, so if you do get arrested or charged with violating the law, contact an immigration attorney right away. Are you a legal professional? You worked hard to acquire permanent residence, and Gambacorta Law can help you keep it. | Last updated January 18, 2018. case or situation. How Do I Renew or Replace My Permanent Resident Card? Accordingly, one of the easiest ways to violate the law, even if it seems overly technical, is to fail to update your address with the USCIS. Secure .gov websites use HTTPS There are two primary ways that green card holders can get in trouble. Generally, the crimes must involve “moral turpitude” or qualify as an aggravated felony. If you hold a green card and know in advance that you must be outside the United States for more than one year, it's worth applying to USCIS for a reentry permit. Once you've received your green card, it's important to play by the rules in order to keep it. Both sections allow us to terminate your conditional status as provided by the law (in the event of fraud, for example). Section 216A allows you to become a lawful permanent resident on a conditional basis, based on a qualifying investment. There are several ways that you can lose your status as a lawful permanent resident. Fill out our online contact form or call (847) 443-9303 to get in touch with us today. This information is not intended to create, and receipt Fortunately, you will most likely be given the chance to defend yourself in immigration court. or viewing does not constitute, an attorney-client relationship. If you know in advance that you will be leaving the U.S. for more than a year, apply to the United States Citizenship and Immigration Services (USCIS) for a reentry permit.

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