A green card or a US permanent resident card is a term to refer to permission to live in the most advanced country, the USA. This position may be an honour list but has its limitations and some rules to apply. Exhibiting good manners in how to stay in the US with your green card will keep you away from any deportation. This is a complete guide that explains the important things that green card holders should take care of and the details of this particular country’s immigration laws.
Introduction: The Importance of Compliance
Your green card adds to your passport the official document that entitles you to live and work in the United States of America, one of the most prestigious states on the planet. However, that also implies a series of requirements. It is expressly forbidden to enter the country illegally or be involved in criminal activities, else you can lose permanent residency as well as the right to stay. If you want to keep it, you should follow these rules:
Rule 1: Avoiding Criminal Activities
Criminal conduct is a common reason individuals become ineligible for a U.S. green card. Many don’t realize that even minor offences, known as misdemeanours, can lead to deportation. These include domestic violence, drug possession, fraud, theft, and sex offences.
For instance, if someone unlawfully helps another person enter the U.S., they may face removal proceedings. If you are arrested, it’s crucial to contact both a criminal lawyer and an immigration lawyer. Criminal lawyers may not be familiar with immigration laws, and advice from them could negatively impact your deportation case.
Rule 2: Adhering to Civil Laws
In addition to criminal offenses, some civil offenses can also cause a person to be deported from the country. If USCIS finds out that your marriage was a marriage of convenience – or any kind of fraud – to obtain your green card, then you can be put on removal proceedings.
Rule 3: Reporting Address Changes
Staying current with the records filed with the United States immigration service is crucial. In this case, if one fails to report a change of address within ten days of moving, one is liable to be deported. It was not a rigid rule in the past but due to enhanced security measures, the same has become more stringent now. To facilitate this requirement, USCIS has an online tool that allows them to update their addresses timely.
Rule 4: Preventing Abandonment of U.S. Residence
If one leaves the U.S. with the aim of settling in another country permanently then he or she stands the risk of losing the green card. If a person lives in another country for more than one year then it may be deemed that he or she has abandoned his or her US residency. The authorities throughout your stay and especially a year later will look at your case closely as your green card is no longer legitimate for traveling.
To prevent any problems, it is advised to return to the United States within one year or at most, six months. If your absence was to be for a short period, for instance, to take care of a sick relative, you may still be allowed to maintain your permanent resident status.
The Commuter Exception
It is also important to note that green card holders who travel to the US daily or seasonally for work from Canada or Mexico can keep their green cards even while they reside outside the US. To do so, they have to apply to reside on the other side of the U.S. border with the USCIS.
Returning Resident Visas
This means that if you have been outside the United States for more than one year without a re-entry permit, you must apply for an SB-1 visa for returning residents at a U.S. consulate in another country. Being able to persuade the consular officers that the absence is only temporary is very important. It is up to them to accept or reject such requests; this is because they may have to be provided with proof of emergencies that include medical issues.
Reentry Permits
To avoid issues when staying outside the U.S. for over one year, apply for a reentry permit from USCIS. This permit allows you to remain absent for up to two years. It’s advisable to apply before departing and attend the biometrics appointment as required. Reentry permits cannot be renewed and must be applied for inside the United States. If your absence exceeds two years, a brief return and another permit application may be necessary.
Rule 5: Pursuing U.S. Citizenship
The best way to secure your status as a permanent resident is to pursue U.S. citizenship. Eligibility typically requires five years of permanent residency, but exceptions apply. For instance, asylees can apply after four years, and those married to U.S. citizens may apply after three years of marriage and cohabitation.
What crimes can jeopardize my green card status
Crimes that can jeopardize your U.S. Green Card status primarily fall into three categories: aggravated felonies, crimes involving moral turpitude, and drug-related offenses. Here’s a detailed overview of how these crimes can affect your permanent residency:
1. Aggravated Felonies
Aggravated felonies are serious crimes defined by U.S. immigration law that can lead to removal proceedings and ineligibility for a Green Card. Examples include:
- Murder
- Sexual abuse of a minor
- Drug trafficking
- Money laundering
- Human trafficking
A conviction for any of these offenses can make you “inadmissible” to the United States, meaning you cannot obtain or maintain your Green Card status.
2. Crimes Involving Moral Turpitude
Crimes of moral turpitude generally involve actions that are considered inherently immoral or unethical. These crimes may include:
- Fraud
- Rape
- Assault with intent to commit bodily harm
- Animal abuse
Convictions for these types of crimes can also lead to removal from the U.S. and affect your eligibility for naturalization. The determination of whether a crime qualifies as one of moral turpitude can be subjective and often depends on the specifics of the case and prior rulings by immigration courts.
3. Drug-Related Offenses
Any drug-related conviction can severely impact your Green Card status, including:
- Drug trafficking
- Possession of controlled substances
The only exception is if you have a single conviction for possession of 30 grams or less of marijuana for personal use, which may allow for a waiver. However, more serious drug offenses will typically result in inadmissibility.
Additional Considerations
- Other Criminal Activities: Engaging in activities like domestic violence, polygamy, or failing to pay child support can also jeopardize your status.
- Misrepresentation: Providing false information during the immigration process or asserting U.S. citizenship when not eligible can lead to significant repercussions.
Your U.S. green card is a valuable asset, but maintaining it requires vigilance and adherence to the rules outlined above. To prevent the risk of deportation and ensure your lawful permanent residence remains intact, stay informed, follow the regulations, and consider pursuing U.S. citizenship when eligible. With the right knowledge and compliance, you can enjoy the benefits of permanent residency in the United States for years to come.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a J-1 Visa or a F-1 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
