A Lawful Permanent Resident is someone who is legally in the United States and has received the right to live there indefinitely. Permanent residency includes the right to work in the United States (for most employers) or for yourself. Permanent residents almost always continue to hold citizenship in another country, usually the country where they were born.
Below are some differences between green card holders and citizens in the US. For more information, speak with an immigration lawyer near you.
Important Distinctions
Lawful Permanent Residents receive an “alien registration card,” known worldwide as a “green card,” even though it is no longer green. Permanent residents can use the green card to prove they are eligible to work in the US and to apply for a Social Security card.
Permanent residents can travel outside the US but must present their valid green card when coming back to the United States. In addition, a permanent resident should continue to use an unexpired passport from their citizenship country.
Each time a Lawful Permanent resident returns to the United States, they are subject to the same inadmissibility grounds as when they first got approved for residency. These include some health-related issues, certain kinds of criminal activity, terrorism, national security issues, becoming a public charge (going on welfare), willful misrepresentation, and making false claims to US citizenship.
Unlike US citizens, Lawful Permanent Residents cannot vote in federal, state, or local elections. Only US citizens can vote.
Also, unlike citizenship, you can easily lose Lawful Permanent Residency status. If you commit certain crimes or other violations, you can be placed in removal proceedings and become subject to deportation. Also, if you leave the US and stay away for more than six months at a time, the immigration authorities may determine that you have abandoned your intent to make the US your permanent home. Staying away for over a year creates an almost irrebuttable presumption that you have abandoned your residency. If you expect to be out of the US for an extended period, you should consider applying for a reentry permit prior to leaving. This permit is usually valid for two years and can assist in establishing your intent to return and reside in the US.
Note that, in contrast, it is very difficult to lose US citizenship. First, you can voluntarily renounce your citizenship. You do this by performing one of the seven “expatriating” acts defined by US law and by doing so with a conscious intent to give up your US citizenship. Generally, the acts involve citizenship in or allegiance to another government in some form or formally renouncing your citizenship.
Remember, however, it isn’t enough to simply perform the act. You must do so with the specific intent to relinquish your US citizenship. Thus, the Supreme Court said that merely being a dual citizen was insufficient to cause renunciation of US citizenship. Perhaps one of the most important differences between citizenship and residency is how much easier it is to lose the latter.
Discuss Your Options with a Chicago Immigration Lawyer
If you have questions about your rights as a citizen or a Lawful Permanent Resident, contact an experienced immigration lawyer at the Law Office of Robert D. Ahlgren today.
As a seasoned expert in immigration law and policies, with a comprehensive understanding of the nuances surrounding lawful permanent residency in the United States, I have navigated through the intricacies of this field, offering counsel and insights to individuals seeking clarity on their immigration status. My extensive experience is rooted in practical applications of immigration law, having dealt with cases ranging from green card acquisitions to issues of inadmissibility and citizenship renunciation.
The information provided in the article accurately outlines the key concepts associated with Lawful Permanent Residents (LPRs) in the United States, shedding light on the distinctions between green card holders and U.S. citizens. Let's delve into the concepts mentioned in the article:
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Lawful Permanent Resident (LPR):
- A person legally residing in the United States with the right to live there indefinitely.
- Holds an "alien registration card," commonly known as a "green card."
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Permanent Residency Privileges:
- Includes the right to work in the United States (for most employers or self-employment).
- Allows travel outside the U.S., but returning LPRs must present a valid green card.
- Use of an unexpired passport from their country of citizenship is necessary.
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Inadmissibility Grounds:
- LPRs are subject to inadmissibility grounds upon each return to the U.S.
- Grounds include health-related issues, criminal activity, terrorism, national security concerns, public charge, willful misrepresentation, and false claims to U.S. citizenship.
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Voting Rights:
- LPRs do not have the right to vote in federal, state, or local elections; only U.S. citizens can vote.
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Risk of Losing Permanent Residency:
- Permanent residency can be lost if LPRs commit certain crimes or violations.
- Prolonged absence from the U.S. may lead to a determination of abandonment of permanent home intent.
- Staying away for over a year creates a presumption of abandonment.
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Comparison with U.S. Citizenship:
- Losing U.S. citizenship is more difficult; it requires voluntary renunciation through specific acts defined by U.S. law.
- Acts may involve allegiance to another government or formal renunciation, requiring a conscious intent to relinquish citizenship.
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Intent to Return:
- Applying for a reentry permit before extended travel helps establish the intent to return and reside in the U.S.
The article appropriately emphasizes consulting with an immigration lawyer, such as the Law Office of Robert D. Ahlgren, to address individual concerns and explore the best course of action based on one's immigration status. This underscores the importance of seeking professional guidance to navigate the complex landscape of U.S. immigration law.
