Maintaining Permanent Resident Status After Receiving a Green Card: Residence Requirements and Key Considerations

After obtaining a green card, you must maintain your permanent resident status. If you reside outside the United States for an extended period or commit certain crimes, your green card may be revoked.

International Travel After Getting a Green Card

Green card holders are "permanent residents" and must have the intent to reside in the United States. Filing taxes as a tax resident in the U.S. is a strong way to demonstrate this intent. If you leave the United States for an extended period, border inspection officers may carefully review your records upon return to determine whether you still intend to reside permanently in the U.S.

If you leave the United States for more than 1 year, you cannot return using your green card. In such cases, if you know in advance and it is planned, you should apply for a Reentry Permit before departing; if it is unexpected and you discover after leaving the U.S. that you cannot return within 1 year, you need to reapply at a U.S. consulate for an SB-1 Returning Resident immigrant visa.

Re-entry Permit (Image: Wikipedia)

Even if you leave the United States for less than 1 year, as long as it exceeds 6 months, the likelihood of being questioned by border inspection officers upon return increases. If you have planned in advance, it is recommended to apply for a Re-entry Permit before departure. Note that a Re-entry Permit and an AP card are two different documents; see {https://gonglue.us/33035}.

Evidence of "Intent to Reside"

If you need to prove to border inspection officers or USCIS that you still have the intent to reside permanently in the United States, you may consider the following items:

• Filing taxes in the U.S. as a resident

• Owning real estate and other personal property in the U.S.

• Holding a driver's license from your state

• Having a U.S. bank account, etc.

Actions That May Lead to Green Card Revocation

In addition to long-term departure from the United States being considered as "lack of intent to reside in the U.S.," the following actions may also lead to green card revocation:

• Failure to notify USCIS after moving. See: {https://gonglue.us/2078}.

• Drug-related offenses (including minor offenses).

• Domestic violence; child abuse/neglect.

• Committing a felony.

• Committing two or more crimes (two crimes not arising out of a single scheme).

• Encouraging or assisting others to enter the United States illegally (or fraudulently).

• Engaging in espionage, sabotage, or terrorist activities.

[add-series id=511][note]Recent immigration and visa policy changes[/note]

Selective Service Registration

Male immigrants between the ages of 18 and 26 must register for military service within 30 days after obtaining green card status. If a male immigrant is under 18, he must complete military service registration within the period from 30 days before to 30 days after his 18th birthday. For more information on immigration and military service, see: {https://gonglue.us/49987}.

For immigrants adjusting status within the United States, if they are male between 18 and 26 years old, USCIS may notify the Selective Service System at the time of approval.

Social Security Card

For work visas such as H/L, the Social Security card bears the notation “Valid for work only with DHS authorization,” meaning “work requires Department of Homeland Security authorization”; see {https://gonglue.us/50831}. Once you receive a green card, you can work freely without additional authorization, and you should contact the Social Security Administration to replace your Social Security card.

Filing Taxes as a Resident

After obtaining permanent resident status, you should file taxes as a tax resident (RA); see: {https://gonglue.us/16093}. For adjustment of status within the United States, you become a Legal Permanent Resident (LPR) as of the date USCIS produces your green card. For applicants processing through a consulate abroad, your LPR status is activated only upon your first entry into the United States after receiving the immigrant visa.

Children Born Abroad

After obtaining an immigrant visa or green card, upon your first entry into the United States, if you have a child born abroad who is under two years old at that time, the child may be eligible to immigrate with you without a separate application.

Naturalization

To naturalize, applicants must:

• Hold a green card for 5 years (only 3 years for spouses of citizens).

• Have resided in the United States for the past 5 years (only 3 years for spouses of citizens), without any single absence from the U.S. exceeding 6 months during that period.

• Have been physically present in the United States for at least 2.5 years out of the past 5 years (only 1.5 years out of the past 3 years for spouses of citizens).

• Have resided continuously in that state (or district) for 3 months.

• Have good moral character, knowledge of U.S. culture and history (see {https://gonglue.us/2730}), and take an oath of allegiance to the Constitution.

When applying for naturalization, you must list all dates since obtaining your green card on which you were not residing in the United States. For new immigrants who have just received their green card and intend to naturalize, it is advisable to accurately record entry and exit dates each time they leave the United States.

Updated on 2020/11/18

The above updates are described in the USCIS Policy Alert: Prerequisite of Lawful Admission for Permanent Residence under All Applicable Provisions for Purposes of Naturalization.