Unlike U.S. Citizens, lawful permanent residents (LPRs) are subject to removal from the United States under certain circumstances or may lose their status as an LPR. The following is a guide to maintaining your status as an LPR.

PERSONS WHO OBTAIN LPR STATUS THROUGH MARRIAGE TO A U.S. CITIZEN

If you obtained your LPR status as a result of your marriage to a U.S. Citizen you are subject to the provisions of the Marriage Fraud Act. Essentially, the Act provides that LPR status which is obtained by marriage to a U.S. Citizen is conditional for 2 years. Prior to expiration of your conditional green card, you and your spouse must file a petition requesting removal of the conditions on your residency. The procedure requires that you provide evidence that you and your spouse lived together as husband and wife and that the marriage was a bona fide marriage. Accordingly, it is important that you can document your relationship with your husband. Such documentation includes such things as birth certificates for children born out of the marriage, joint bank and investment account statements, joint mortgage statements or similar documentation.

If your marriage is terminated during the 2 year period you may not be able to obtain a permanent greencard.

TRAVEL OUTSIDE THE U.S.

LPRs are entitled to leave the United States and apply for admission as a LPR returning to an unrelinquished domicile in the United States. However, lengthy trips abroad along with other factors may subject you to a risk that the ICE and/or USCIS may alleged that you have “abandoned” your LPR status and place you in removal proceedings. This typically occurs if the LPR has not been present in the United States for a period of more than 6 months and other factors indicate that the LPRs primary residence is not the United States.

This should not be an issue if you plan to take trips abroad for durations of less than 6 months, have a bona fide residence in the U.S., and do not maintain a residence in another country. If you plan to take a trip abroad that will last longer than 6 months and/or the facts and circumstances of your particular situation may give the immigration officers cause to believe that the U.S. is not your residence, please contact your attorney well in advance of your planned departure (at least 120 days.)

Finally, an LPR who travels outside the United States must have a valid foreign passport and I-551 (greencard) in order to reenter the U.S. Be sure that your passport is up to date before you leave the U.S.

CRIMINAL CONVICTIONS

LPRs are also subject to removal from the U.S. if they are convicted of serious crimes or crimes that are considered “crimes of moral turpitude.” Generally speaking, crimes of moral turpitude are serious crimes, but the term is specifically defined as a crime for which a sentence of a term of imprisonment of 1 year or more may be imposed. This means that you could be deported even if you do not serve any time in jail for the criminal conviction. Thus, it is critical that you immediately seek legal counsel if you are arrested and charged with any crime.

It is also important that the attorney who you retain understands the immigration consequences that may occur if you are convicted of or enter a plea of guilty or nolo contendre to certain crimes.

ECONOMIC HARDSHIP

You may also be deported if you become a public charge. A public charge is a person who receives a public benefit from a governmental agency for which the government demands to be repaid and the person does not repay the government. If you believe you may need to receive public benefits, please contact this office to discuss the potential immigration consequences of this activity.

NATIONAL SECURITY

An LPR may also be deported for engaging in activities that: 1) endanger public safety or national security; 2) oppose or advocate the control or over throw of the U.S. government by force or other unlawful means; and 3) are considered espionage.

UNLAWFUL VOTING

LPRs are not entitled to vote. An LPR who votes in violation of law is subject to deportation.

REGISTRATION AND CHANGE OF ADDRESS

You must always carry your green card with you.

You must notify the USCIS if you move or change your address. You must do this within 10 days of the date of your change of address. A change of address form is available on the USCIS website.

You must also not use your greencard or other U.S. immigration documents for any fraudulent purpose.

Finally, you must not represent yourself as a U.S. Citizen to obtain a benefit pursuant to any U.S. law.

A violation of any of these items may result in deportation.

CHILDREN BORN ABROAD

If you have a child and that child is born abroad, the child is entitled to LPR status if the child is under 2 years old and the child accompanies you to the United States on your first trip back to the U.S. after the birth of the child.