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| Issue Date: February 1, 2005 |
February 11, 2005
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Permanent resident status doesn't mean paperwork is over
By Greg Siskind
 Greg Siskind
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Well
you finally have become a permanent resident. Now, it is important that
you understand your rights, how to maintain your status and how to
comply with various legal requirements.
Conditional Permanent Residency
If you obtained your permanent residency through marriage to a
U.S. citizen or through an EB-5 investment, your permanent residency
may be considered conditional. This would be the case if you were
married less than two years when your permanent residency was granted.
If this applies to you, then your permanent residency will expire in
two years unless you successfully apply for the condition to be
removed. That process will involve submitting a Petition to Remove
Conditions on Permanent Residency within the 90-day period preceding
the expiration. You'll know if this applies to you if you have a
two-year expiration date on your green card instead of a 10-year
expiration date.
Your Rights and Responsibilities
As a permanent resident, you are entitled to live permanently in
the United States and to work for all but a few types of employers. You
will have most of the same rights as Americans. There are just a few
exceptions. Except for a few local elections, you will not be permitted
to vote in most elections and your attempting to vote in an election
restricted to U.S. citizens could get you deported. Also, you can be
deported if you commit a crime. Generally speaking, only felonies will
subject you to deportation, but certain serious misdemeanors can also
have the same effect.
You are also expected to pay your taxes. Your taxpayer status may
have changed as a result of a your being granted permanent residency
and you are advised to consult with an accountant or other tax
professional for advice on this.
If you are a male between 18 and 25 years of age, you are required
to register with the Selective Service (this is commonly referred to as
draft registration). Failure to register is a ground for denying
naturalization in addition to the other legal penalties that apply to
anyone failing to register. You can now register on-line by going to
www.sss.gov. Please remember that if your children are becoming
permanent residents, this policy applies to them as well.
Traveling
As a permanent resident, you no longer need a separate visa to
enter the United States in most circumstances. You will be able to
enter the United States with your passport and a valid I-551 stamp in
your passport or your passport and your green card. If you are going to
be outside the United States for between one and two years, you will
probably need to apply for a reentry permit.
You are likely to get your green card in just a few weeks or
months. If you do not get it before your I-551 stamp expires, you will
need to file an I-90 form with your local immigration office to extend
your I-551 stamp. Immigration will also make inquiries about your green
card at that time.
Abandoning Your Green Card Status
A common problem faced by permanent residents is maintaining their
status when they are outside the United States for extended periods of
time. You need to be extremely careful about losing your green card as
a result of being outside the United States for too long.
Naturalization
It is very likely that you will want to become a citizen at some point.
We recommend this since you will never lose your right to remain in the
United States if you are a citizen. Also, if you plan on sponsoring
relatives for immigrant visas, citizens typically can bring relatives
in more quickly than permanent residents. You will also be able to vote
in elections if you naturalize.
To become a citizen, you will have to go through the
naturalization process. To qualify, you must meet various residency
requirements. One requirement is that you maintain permanent residency
for five years (three years if you are married to a United States
citizen).
You also need to be in the United States for half of this time period.
You also cannot have substantial periods of time outside the United
States that would show the immigration bureau that you broke your
continuous residency. If you spend more than six months outside the
country on any trip, you risk not being able to apply for
naturalization.
You are eligible to apply for citizenship up to 90 days ahead of your
five-year anniversary (or three year anniversary if you are married to
an American citizen). If you would like us to handle your citizenship
application, please let us know two or three months ahead of your
eligibility date.
The Green Card
As you will soon discover, the green card is not actually green.
The first such cards in the 1950s were and the original nickname has
stuck. The I-551 stamp in your passport has the same legal meaning as
the actual I-551 permanent residence card.
The only difference is that the stamp must be renewed after a year and
the card must be renewed after two years if it is conditional or 10
years if it is not conditional. You do not lose your permanent
residency if the card or stamp expires. But you will lack any legal
proof of your permanent residency if this happens so it is in your best
interest to make sure you file in a timely manner for an extension.
Note also that either the I-551 stamp or the green card is acceptable
proof of employment authorization when you complete an I-9 for a new
employer. Either can be used as well for applying for a Social Security
Card or state driver's license.
You need to make sure that you have your I-551 stamp or card in
your possession at all times. While this does not mean you always have
to have the card on you, you should know where it is, have it near you
and be able to show it to an immigration officer if asked.
Greg Siskind is a partner at Siskind Susser, a national immigration law firm. He can be reached at gsiskind@visalaw.com.
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