Permanent Resident Status, commonly referred to as having a green card, is officially defined as “the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed. Such status terminates upon entry of a final administrative order of exclusion or deportation.” The Citizenship and Immigration Services defines a Green Card holder (permanent resident) as someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a "Green Card." The Green Card or Permanent Resident Card is only evidence of status. With the exception of conditional permanent residents (to be discussed below), permanent resident status does not expire with the card. However, a new card must be obtained every ten years until the person becomes a US citizen. Conditional Permanent Residents, such as some entrepreneurs and spouses of US Citizens or Permanent Residents who have been married for less than two years on the date permanent resident status is granted, receive green cards that expire after two years. Before the expiration of the card, the conditional permanent resident must file a petition to remove the conditions on resident status. If approved, conditional permanent residents then become permanent residents and receive ten year green cards.
An immigrant is someone who intends to come to the United States permanently. Anyone who intends to come to the US for a temporary stay is called a nonimmigrant. In order to legally come to the United States and become a permanent resident or to adjust status to permanent resident within the borders of the United States, an immigrant must have immigrant intent and an approved visa petition filed by a qualifying family member, employer, or oneself or be eligible after a period of time in certain humanitarian statuses. The only other way is for Congress to pass a Private Bill for an individual. Permanent resident status is never automatically granted or derived like citizenship can be. Every person who becomes a permanent resident must file an application to adjust status or an application for cancellation of removal in deportation proceedings, if qualified and physically present in the US, or must apply for an immigrant visa at a consulate outside the United States. Only those with approved visa petitions based on certain family relationships, employer petitions, high merit, membership in special groups, and those who are entitled to adjust status after a certain length of time in a humanitarian status such as asylum, refugee, U, T and S visa holders or someone who has been physically present in the US since 1972 or someone granted Cancellation of Removal may apply for permanent resident status. Occasionally Congress passes legislation that permits special groups of people who qualify under special legislation to apply for themselves, such as the Cuban Adjustment Act and NACARA.
An approved visa petition does not give anyone the right to come to the United States or remain in the United States. The visa petition is actually a request for an immigrant visa to be issued to someone on the basis of family relationship, employment relationship, or special or humanitarian categories. The beneficiary of the petition must also qualify for and demonstrate eligibility for permanent resident status and a visa number must be available, since the number of permitted immigrant visas is limited. There are many grounds upon which permanent resident applications may be denied, even for those who are spouses, parents or children of US citizens.
Permanent Residents have the right to:
- Live permanently in the United States, provided they do not commit a deportable offense;
- Work in the United States in any job with a few, mainly national security, exceptions;
- Travel in and out of the US freely, unless deemed inadmissible upon a return to the US; and
- Be protected by all laws of the United States, the state of residence and local jurisdictions.
Permanent Residents have many responsibilities and must actively and consciously maintain permanent intent and status to avoid removal or loss of permanent resident status
Permanent Residents are required to:
- Obey all laws of the United States the states, and localities;
- Properly file all income tax returns, and report all income from anywhere in the world to the US Internal Revenue Service and state taxing authorities;
- Support the democratic form of the US government and not advocate or perform any activity to change the government through illegal means;
- Intend to reside permanently in the US;
- Be physically present in the US for more than half of every year, unless exempted by law;
- Register with the Selective Service if a male aged 18 through 25; and
- File a Change of Address form with Citizenship and Immigration Services within ten days of any move.
Future blogs will discuss in more detail who can apply for permanent resident status, how to maintain permanent resident status and how to lose permanent resident status.
