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Permanent Residency (Green Cards)
A person who attains permanent residency acquires
a green card, Form I-551, which grants the right to live and work
permanently in the United States. The first step toward acquiring
permanent residency is to obtain an immigration visa. Through the
following types of immigration, a foreign national may become eligible
for permanent residency status:
After meeting certain eligibility requirements, an
immigrant living in the United States may apply to adjust permanent
status. See Code of Federal Regulations [CFR] 8 CFR
§ 245 for more information.
Immigrants may also apply for permanent status
through consular processing, by applying at a U.S. embassy or consulate
in their home country.
Even though a permanent resident must renew his or
her green card every ten years, the card does not expire.
Permanent residents enjoy many of the same rights
as U.S. citizens, including freedom of employment and self-employment.
Very few career opportunities require U.S.
citizenship. However, as non-citizens, immigrants cannot vote or serve
on a jury. After residing in the United States for five years (three
years if married to a U.S. citizen), the permanent resident may apply
for U.S. citizenship.
Loss
of permanent residency status
According to the U.S. Citizenship and Immigration
Services (USCIS), you can lose your permanent residency status, if you
do any of the following:
- Move to another country intending to live there
permanently
- Remain outside of the U.S. for more than one
year without obtaining a re-entry permit or returning resident visa;
however, in determining whether your status has been abandoned, any
length of absence from the U.S. may be considered, even if it is less
than one year
- Fail to file income tax returns while living
outside of the U.S. for any period
- Declare yourself a ‘nonimmigrant’ on your tax
returns
At the Frager Bush Law Firm, P.C., our immigration
attorneys assist clients with permanent residency issues, provide legal
advice for maintaining status, and help clients protect their rights.
If you are a permanent resident and have been offered a position
abroad, legal counsel can help you evaluate the effect on permanent
residency status before accepting the job offer.
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