Maintaining Permanent “Green Card” Status
An individual who holds a green card is considered to be a Lawful Permanent Resident (”LPR”). Such individuals have two primary rights. One is the right to remain in this country permanently. Another is the right to unrestricted employment authorization.
In order to maintain green card status, an individual should:
- Pay income taxes as a resident
- Notify the USCIS of address changes by filing an AR-11
- Maintain continuous residence in the United States
- Maintain a valid passport and green card document
LPR status may be lost in a number of ways, the most common of which is the loss of status due to an extended absence from the United States. Absence from the U.S. for a continuous period of six (6) months or longer may jeopardize status.
After LPR status is obtained, should an individual remain outside of the U.S. for a continuous period of more than six (6) months but less than a year, a rebuttable presumption exists that LPR status has been abandoned. Upon return to the U.S., individuals will need to provide proof that they did not intend to abandon this status.
Evidence that demonstrates lack of intent to abandon LPR status includes the following:
- Filing U.S. income taxes as a “resident”
- Maintaining ownership and control of property in the U.S.
- Maintaining employment in the U.S.
- Demonstrating that close family members such as a spouse and/or children remain in the U.S. during an extended absence
Those individuals who have been outside of the U.S. for a year or more will be considered to have abandoned LPR status unless they obtained a reentry permit or special immigrant visa.