Attorneys For Maintaining “Green Card” Status

Garfinkel Immigration Law Firm represents individuals throughout North Carolina. Our lawyers are proud to provide personal, attentive counsel that addresses the unique needs and concerns of green card holders.

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:

  1. Pay income taxes as a resident
  2. Notify the USCIS of address changes by filing an AR-11
  3. Maintain continuous residence in the United States
  4. Maintain a valid passport and green card document

Losing "Green Card" Status

LPR status may be lost in a number of ways, the most common of which is due to an extended absence from the United States. Absence from the U.S. for a continuous period of six 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 months but less than a year, it is assumed 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.

Here are a few possible ways to show that you did not intend to abandon LPR status:

  • 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 re-entry permit or special immigrant visa.

Lost Cards, Criminal Convictions And Other Issues

Garfinkel Immigration Law Firm can also assist clients whose green cards are lost, stolen or expired. We also provide experienced legal advice to individuals who are in danger of a criminal conviction that would affect their immigration status.

To arrange a consultation, call our Charlotte attorneys at 704-442-8000, or contact us by email.