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How not to lose a green card after receiving it: dangerous mistakes of immigrants

'15.07.2021'

Nurgul Sultanova-Chetin

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Having received a green card, you must fulfill certain conditions if you want to keep a residence permit in the United States. First, you must not be in violation of certain criminal or immigration laws, including a seemingly unimportant law that requires you to notify US immigration authorities within ten days of changing your address. Second, you cannot leave the United States for a long time. More details about these rules were told by the publication nolo.com.

Photo: Shutterstock

Deportation due to violation of the law

Most often, people lose their right to a green card as a result of a crime. Contrary to popular belief, this does not have to be a serious offense or a serious criminal offense.

For example, a person may be expelled from the United States (deported) for helping someone illegally enter the United States, for committing domestic violence, for possession of even small amounts of drugs, or for any crime that is considered morally unacceptable (for example, fraud, theft, crime with intent to inflict grievous bodily harm or sexual violence).

Some of the crimes leading to deportation are misdemeanors that do not even include jail time, but nevertheless deny the right to a green card.

There is no set list that says what crimes you can be deported for. If you are arrested for anything at all, consult with not only a criminal lawyer, but also an immigration lawyer to find out if and how to avoid deportation.

While criminal lawyers are required to inform you of the immigration implications of a plea, very few of them understand immigration laws as well as immigration lawyers. Criminal lawyers who are not very familiar with immigration law may encourage you to plead guilty to avoid jail time without realizing that a plea will lead to deportation.

On the subject: Note to the immigrant: all types of green cards and the grounds for receiving them

In addition, a person may be expelled from the United States for certain violations that are not subject to criminal law. For example, if the United States Citizenship and Immigration Services (USCIS) discovers that you received your green card as a result of fraud (fake marriage or other scam), you may be deported.

An immigrant may even be expelled for not informing USCIS of a change of address within ten days of moving. In the past, USCIS has done little about this. However, due to heightened security concerns, USCIS is increasingly using this rule against people it wants to expel from the United States.

If your permanent residence is outside the United States

Many people mistakenly believe that in order to save a green card, it is enough just to enter the United States at least once a year. But this is not the case. The fact is that if you leave the United States for a long time and another country becomes your permanent home, this will be regarded by the US immigration authorities as giving up your residence permit in America. If you then try to return to the United States, the border guards will require you to prove that the other country has not become your permanent place of residence, and the question of deportation may be raised.

Typically, if you have a green card and are leaving the United States for more than one year, you may have difficulty re-entering the country. This is due to the fact that the US government believes that absence from the country for more than one year indicates a possible refusal to reside in the United States. Moreover, in this case, the border guards are forced to carefully study your case, because after one year of absence from the United States, the green card automatically becomes invalid for travel.

Even if you return earlier than a year later, you may have problems. It is best not to leave the US for more than 6 months to avoid a full-scale screening.

Photo: Shutterstock

On the other hand, staying outside the United States for more than one year does not mean that you will automatically lose your green card. If your absence from the very beginning was planned as a temporary one, for example, you left to care for a sick parent for several months, but you had to take care of him for more than a year and you can document this, then your permanent resident status will be preserved.

Business travel exception

Green card holders who travel to work in the United States from Canada or Mexico on a daily or seasonal basis can keep their cards even while actually living outside the country. USCIS will provide you with commuter status if you inform the service of your intention to live on the other side of the US border.

Returning resident visas

If you are outside the United States for more than one year and have not received a re-entry permit (discussed below) before leaving, then you must apply to the US Consulate abroad for an SB-1 visa - a returning resident visa. You must convince the consular officer (in fact, two consular officers) that your absence was temporary and you never planned to give up permanent residence in the United States. These permits are discretionary, meaning that consular officials are supposedly doing you a favor, so they can always say no.

On the subject: Family green card: what you need to know if you plan to move a relative to the USA

You will need to provide proof that you could not return to the United States for more than one year due to unforeseen circumstances. This proof could be a letter from your doctor stating that you or a member of your family had a health problem.

Re-entry permit

If you have a green card and you know in advance that you must be outside the United States for more than one year, it is worth applying to USCIS for a re-entry permit. It will allow you to live in another country for up to two years without the risk of losing your green card.

You should submit your application before leaving and wait until you are called in for a biometric (fingerprint) appointment. Use USCIS Form I-131... Your re-entry permit will serve as your entry document when you are ready to return.

A re-entry permit cannot be renewed and can only be obtained within the United States. If you wish to stay in another country for more than two years, then you should return briefly and apply for a new re-entry permit.

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