Your Rights and Responsibilities as a Lawful Permanent Resident

by Charles Kuck

As a Lawful Permanent Resident (LPR), you are expected to respect and be loyal to the United States and to obey our country's laws. Being an LPR also means that you have new rights and responsibilities.

Being an LPR is a "priveledge", and not a "right". The U.S. Government can take away your LPR status under certain conditions. You must  maintain your LPR status if you want to live and work in the United States and become a U.S. citizen one day. In this section, you will learn what it means to be an LPR and how you can maintain your LPR status.

 

YOUR RIGHTS AND RESPONSIBILITIES

What you do now as an LPR can affect your ability to become a U.S. citizen later. The process of becoming a U.S. citizen is called "naturalization".

As an LPR, you have the right to:

  • Live and work permanently anywhere in the U.S.
  • Apply to become a U.S. citizen once you are eligible.
  • Request a visa for your husband or wife and unmarried hcildren to live in the U.S.
  • Get Social Security, Supplemental Security Income, and Medicare benefits, if you are eligible.
  • Own property in the U.S.
  • Apply for a driver's license in your state or territory.
  • Leave and return to the U.S. under certain conditions.
  • Attend public school and college.
  • Join certain branches of the U.S. Armed Forces.
  • Purchase or own a firearm, as long as there are no state or local restrictions saying you can't.

As an LPR, it is your responsibility to:

  • Obey all federal, state, and local laws.
  • Pay federal, state and local income taxes.
  • Register with the Selective Services (U.S. Armed Forces); if you are a male between ages 18 and 26.
  • Maintain your immigration status.
  • Carry proof of your LPR status at all times.
  • Give your new address in writing to the Department of Homeland Security (DHS) within 10 days of each time you move.

LPRs must have a valid Permanent Resident Card (Form I-551) as proof of their legal status in the United States.  Some people call this a "Green Card",  If you have been approved as an LPR and are waiting for your Permanent Resident Card, you can obtain an I-551 stamp in your passport showing you are approved. As an LPR, you must keep proof of your immigration status with you at all times. You must show it to an immigration status with you at all times. You must show it to an immigration officer if asked for it. Your card is valid for 10 years and must be renewed before it expires. Your status as an LPR, however, never "expires".

Your Permanent Resident Card shows that you are allowed to live and work in the United States. You can also use your Permanent Resident Card to re-enter the United States if you were out of the country for less than six months. If you are outside the United States for more than six months, you may have to show additional documentation that you are eligible to re-enter the U.S. as an LPR. You may have to prove to the government that you have not given up your LPR status.


MAINTAINING YOUR LPR STATUS

There are some things you must do to maintain your LPR status. These are also important to remember if you plan to apply for U.S. citizenship in the future.

  • Don't leave the United States for an extended period of time or move to another country to live there permanently. Kuck Immigration Partners LLC recommendation is that you spend at least six months each year, at a minimum, in the United States.
  • File federal and state income tax returns.
  • Register with the Selective Service, if you are a male between the ages of 18 and 26.
  • Give your new address to DHS.

Keeping Your Immigration Status

LPRs who leave the United States for extended periods, or who cannot show their intent to live permanently in the U.S., may lose their LPR status. If you think you will be out of the U.S. for a long period of time (more than six months), before leaving the country you should:

  1. File Form I-131, Application for a Travel Document, to apply for a re-entry permit. A re-entry permit is valid for up to 2 years and is proof that you are returning from a temporary visit abroad. You may show the re-entry permit at a port of entry instead of a returning resident visa or a Permanent Resident Card.
  2. File Form N-470, Application to Preserve Residence for Naturalization Purposes. Form N-470 lets you keep your residence status for naturalization purposes under certain circumstances. It will allow you to stay outside the United States for up to two (2) years.

Filing Tax Returns

As an LPR, you must file income tax returns and report your income tothe Internal Revenue Service (IRS)  as a U.S. Resident, and your state tax department, if required by your state. If you do not file income tax returns while living outside of the U.S. for any length of time, or if you say that you are a "non-immigrant" on your tax returns, the U.S. government may say that you have given up your permanent residence status.

Register with the Selective Service

If you are a man and you are 18 to 26-years-old, you must register with the Selective Service. When you register, you tell the government that you are available to serve in the U.S. Armed Forces. The United States does not have a military draft now. LPRs and citizens are not asked to serve in the Armed Forces unless they want to do so.

You can register at a United States Post Office or on the internet. To register for Selective Service on the Internet, visit the Selective Service website: http://www.sss.gov. To speak with someone from the Selective Service, call 1-847-688-6888. This is not a free call.

If you need help or information on keeping your status, filing your tax returns as a U.S. Resident, or signing up with the Selective Service, please call us at 404-816-8611, or e-mail Managing Partner Charles Kuck.

Give Your New Address to DHS

Every time you move, you need to tell DHS your new address. you must file Form AR-11, Alien's Change of Address Card. There is no fee to file this form. You must file this form within 10 days of your move.

Send Form AR-11 to:

Department of Homeland Security

U.S. Citizenship and Immigration Services

Change of Address

PO Box 7134

London, KY 40742-7134

For more information, visit http://www.uscis.gov/graphics/formsfee/forms/ar-11.htm.

 

IF YOU ARE A CONDITIONAL RESIDENT

You may be in the U.S. as a Conditional Resident (CR). You are a CR if you were married for less than 2 years to your U.S. citizen or LPR spouse on the day your Perment Residence status was granted. If you have children, they also may be CRs. Some immigrant investors are also conditional residents.

A CR has the same rights and responsibilities as an LPR. Conditional residents must file either Form I-751, Petition to Remove the Conditions on Residence, or Fomr I-829, Petition by Entrepreneur to Remove Conditions, within 2 years of the date they were granted conditional LPR status. This date is usually the expiration date on your Permanent Residence Card. You may file these forms as soon as 90 days before the 2-year anniversary of when you got your conditional LPR status. If you do not do this, you can lose your immigration status.

Filing Form I-751 with Your Husband or Wife

If you are a CR and you are married, then you and your spouse must file Form I-751 together so that you can remove the conditions on your LPR status. Sometimes, you do not have to file Form I-751 with your husband or wife. If you are no longer married to your spouse, or if your spouse has abused you, you can file Form I-751 by yourself. If you are not applying with your spouse, you can file Form I-751 at any time after you are a Conditional Resident

Tip: Keep Copies of ALL Forms!

Keep copies of all forms you send to USCIS and other government offices. When sending docuemtns, do not send originals. Send copies. Sometimes forms get lost. Keeping copies can help avoid problems.

 

CONSEQUENCES OF CRIMINAL BEHAVIOR FOR LPRS

The United States is a law-abiding society. LPRs in the United States must obey all laws. If you are an LPR and engage in or are convicted of a crime in the U.S., you could have serious problems. You could be removed from the country, not allowed back into the U.S. if you leave the country, and in certain circumstances, lose your eligibility for U.S. citizenship. Examples of crimes that may affect your LPR status include:

  • A crime defined as an "aggravated felony", which includes crimes of violence that are felonies with a 1-year prison term, or, even, shoplifting.
  • Murder.
  • Terrorist activities.
  • Rape.
  • Sexual assault on a child.
  • Trafficing in drugs, firearms, or people.
  • A crime of "moral turpitude", which in general is a crime with an intent to steal or defraud; a crime where physical harm is done or threatened; a crime where serious physical harm is caused by reckless behavior; or a crime of sexual misconduct.

There are also serious consequences for you as an LPR if you:

  • Lie to get imigration benefits for yourself or someone else.
  • Say you are a U.S. citizen if you are not.
  • Vote in a federal election or in a local election open only to U.S. citizens.
  • Are a "habitual drunkar" - someone who is drunk or someone who uses illegal drugs most of the time.
  • Are married to more than one person at the same time.
  • Fail to support your family or to pay child or spousal support as ordered.
  • Are arrested for assault or harassing a family member (commit domestic violence), including violating a protection order.
  • Lie to get public benefits.
  • Fail to file tax returns when required.
  • Willfully fail to register for the Selective Service if you are a male between the gaes of 18 and 26.

If you have committed or been convicted of a crime, before you apply for another immigration benefit you should consult with an attorney at Kuck Immigration Partners to discuss your legal options.

Contact us at 404.816.8611, e-mail Managing Partner Charles Kuck to set up an appointment today!