A Green Card grants permanent resident status in the US, allowing individuals to live and work in the country indefinitely. While it provides many benefits, including a pathway to citizenship, holders must follow specific rules to maintain their status.

One concern is abandonment of US residency. Spending extended periods outside the US, typically more than six months, may raise questions about whether the individual intends to remain a permanent resident. Staying abroad for more than a year without a reentry permit can result in losing green card status.

Criminal offenses, including fraud and certain misdemeanors, can also jeopardize permanent residency. Even lawful permanent residents must obey federal and state laws to avoid removal proceedings. Green card holders also have to keep their immigration records updated, including notifying USCIS of address changes within ten days of moving.

In this guide, we set out the Green Card rules, including the rights and responsibilities when of having US lawful permanent residence status, and the circumstances when it can be lost or abandoned.

 

Green card holder rights

 

As a Green Card holder, you are granted several important rights that allow you to live, work, and participate in various aspects of life in the United States.

As a green card holder, you have the right to live permanently anywhere in the United States. You can reside in any state or city of your choosing, provided that you do not engage in actions that would make you removable under immigration law.

You also have the right to work in the United States. You may seek employment in any lawful occupation that matches your qualifications and interests. However, some jobs may be restricted to US citizens, particularly those involving national security or government positions.

As a permanent resident, you can apply for a driver’s license in the state or territory where you live. Each state has its own rules and requirements for obtaining and renewing a driver’s license, and it is important to follow the specific regulations of your local Department of Motor Vehicles (DMV).

If you meet the necessary requirements, you may also receive Social Security benefits. These benefits are based on your work history and contributions to the Social Security system over time.

Another significant right is the ability to petition for family members to join you in the United States. As a green card holder, you can apply for visas for your spouse and unmarried children, allowing them to obtain permanent residency as well.

You are also allowed to travel outside the United States and return, provided you adhere to the required conditions. However, extended absences may raise concerns about whether you have abandoned your permanent resident status. If you plan to be outside the US for an extended period, it is advisable to apply for a reentry permit to protect your status.

After fulfilling the necessary residency and eligibility requirements, you may apply to become a US citizen through the naturalization process. This is an important step for those who wish to gain full rights and responsibilities, including the ability to vote in federal elections.

Finally, as a lawful permanent resident, you are protected by US laws at the federal, state, and local levels. This means you have legal protections similar to US citizens, ensuring your rights and safety within the country.

 

 

Green card holder rules & responsibilities

 

As a US permanent resident, you have specific responsibilities that must be upheld in order to maintain your legal status and comply with immigration laws.

One of the most important responsibilities is the requirement to obey all federal, state and local laws. Green card holders are subject to the same legal standards as US citizens, and violations can lead to serious consequences, including fines, imprisonment, or even deportation.

Another key responsibility is to file income taxes annually. Permanent residents must report their worldwide income and submit federal, state, and local tax returns as required by law. Failure to comply with tax obligations may result in penalties and could negatively impact future immigration applications, including naturalization.

Green card holders must also carry a valid, unexpired green card at all times if they are 18 or older. This serves as proof of their lawful status in the US. Failure to carry a valid green card can lead to fines or imprisonment under immigration law. If a green card is lost, stolen, or expired, the holder must apply for a replacement or renewal as soon as possible.

Additionally, green card holders are required to notify USCIS of any change of address within 10 days of moving. This can be done by filing Form AR-11 online or by mail. Keeping USCIS updated with a current address ensures that all official notices and correspondence are received in a timely manner.

Males who are 18 through 25 years old must register with the Selective Service System. This is a requirement for potential military conscription and applies to all male green card holders within this age range, regardless of their country of origin.

Finally, permanent residents must maintain the US as their primary residence. Spending long periods of time outside the country can lead to questions about whether residency has been abandoned. Extended absences—particularly those longer than six months—may result in additional scrutiny upon reentry, while absences of one year or more without a reentry permit may lead to the loss of permanent resident status.

 

Renewing your Green Card

 

If you are a lawful permanent resident, you must renew your green card before it expires. Green cards are typically valid for 10 years. If you hold a conditional green card (valid for 2 years), you must apply to remove conditions before it expires.

Failing to renew an expired green card does not mean you lose your permanent resident status, but it can cause significant problems, including difficulty proving legal status when applying for jobs, renewing a driver’s license, or traveling, potential fines or penalties for failing to carry valid proof of permanent residency, delays in applying for US citizenship, since an expired green card may impact eligibility, and possible complications at ports of entry if traveling internationally without a valid green card.

Begin the renewal process by filing Form I-90, Application to Replace Permanent Resident Card. Provide accurate information and include all necessary supporting documents to avoid processing delays. The filing fee for Form I-90 is $455, plus an additional $85 biometric services fee, bringing the total cost to $540. Payments can be made online via credit/debit card, bank transfer, or by check or money order if filing by mail. Fee waivers may be available for those who qualify under specific financial hardship criteria.

After submitting your application, USCIS may require you to attend a biometrics appointment. If necessary, you will receive a notice with a date, time, and location where your fingerprints, photo, and signature will be collected. This step helps USCIS verify your identity and conduct background checks.

Green card renewals typically take 6 to 12 months to process, though times may vary based on USCIS workload and application volume. If your current green card expires before you receive a new one, you may be issued a 12-month extension sticker or a receipt notice (Form I-797), which serves as temporary proof of your status.Once your application is approved, USCIS will mail you a new 10-year green card. Be sure to check that all details on the card are correct upon receipt. If any information is incorrect, contact USCIS immediately to request a correction.

If your green card is already expired, you should renew it as soon as possible to avoid complications with employment, travel, or other legal matters. If you have an urgent need for proof of your status (such as for work or travel), you can schedule an appointment at a USCIS field office to request an I-551 stamp in your passport, which temporarily proves your permanent resident status.

 

Loss of Green Card status

 

Being a US permanent resident is a privilege, not a right, where the US government can take away your green card, and with it your lawful residency status, under a number of certain conditions. These include where you fail to comply with US laws, you fail to file your US tax returns, you fail to renew your green card, you fail to notify USCIS of any change of address, you fail to register with the Selective Service or you leave the country for a lengthy period.

 

Failure to comply with US laws

Everyone living in the United States must abide by US law, where permanent residents who fail to abide by either federal, state and/or local laws may have their status taken away through removal proceedings. Examples of crimes that may affect permanent resident status include any crime defined as an aggravated felony, such as crimes of violence that are felonies with a one-year prison term. However, any crime that’s considered morally wrong, even if it doesn’t carry a prison sentence, can lead to being removed from the United States. This could include any crime with an intent to steal or defraud, where physical harm is done or threatened, serious harm is caused by reckless behaviour, or a crime of sexual misconduct.

 

Failure to file US tax returns

Any permanent resident who intends to maintain permanent resident status should file a federal tax return with the Internal Revenue Service (IRS), in addition to any applicable state, city and local tax returns when required to do so. Under US immigration law, any failure to file a tax return as a permanent resident, or where a US permanent resident files a nonresident alien tax form, may result in loss of green card status.

 

Failure to renew your green card

Most green cards, also known as permanent resident cards, are valid for 10 years. This means that your permanent resident card must be renewed before it expires or following a change of name, otherwise risk loss of green card status. If the green card holder is a conditional permanent resident through marriage or entrepreneurship, they will have been issued with a two-year card. In these circumstances, rather than applying for an extension or renewal of status, they must file a petition for removal of their conditions before their card expires.

 

Failure to notify USCIS of any change of address

Green card holders must notify USCIS of any change of address within 10 days of their move, or risk loss of permanent resident status. This can be done either online or in writing.

 

Failure to register with the Selective Service

The Selective Service is a registration program used by the US government to create and maintain a list of names of young men in case of a national emergency that would require the rapid expansion of US armed forces. This means that any failure to register, where applicable, could expose the green card holder to loss of permanent resident status.

 

Lengthy absences from the US

Being absent from the United States for prolonged periods of time can lead to loss of green card status. Permanent residence normally permits a green card holder to travel outside the US and to return, although there are some limitations. Lengthy absences, especially if they involve work undertaken by the green card holder or taking up residence abroad, can lead to them being treated as having involuntarily abandoned their rights as a US permanent resident.

 

 

Green card & extensive absences

 

Permanent US residents are free to travel outside the United States, and temporary or brief travel doesn’t usually affect your permanent resident status. However, if it’s determined that you didn’t intend to make the US your permanent home, you will be treated as having abandoned your permanent resident status. As a general guide, absences outside the US of more than one year will typically be treated as abandonment, unless you have first filed for a re-entry permit prior to your departure. A re-entry permit is valid for up to two years.

A re-entry permit doesn’t necessarily guarantee entry into the US upon your return from abroad, as you must first be determined by a border official to be admissible. However, it will go a long way to helping you prove your intention to permanently reside in the United States, and that any overseas trip was only ever intended to be temporary. It’s also worth noting that you will be subject to a full immigration inspection any time you have been abroad for at least 181 days. This means that abandonment may be found to occur in trips of less than a year where it’s believed that you didn’t intend to make the US your permanent residence.

You can use your permanent resident card to re-enter the United States after a short trip abroad. However, if you’re outside the US for more than 12 months, you will need additional documentation to be re-admitted as a permanent resident. If you fail to apply for a re-entry permit, you will be putting yourself at risk of involuntary abandonment of your permanent resident status. Obtaining a re-entry permit before leaving the US allows a permanent resident to apply for admission into the US during the permit’s validity without the need to obtain a returning resident visa from either a US Embassy or Consulate abroad.

 

Green card fraud allegations

 

In addition to being at risk of losing permanent resident status for certain criminal or immigration violations, you will also be at risk of being removed from the United States if you’re found to have obtained your green card fraudulently. This could be, for example, if USCIS discover that any marriage, which formed the basis of your application, is a sham.

You can be placed into rescission proceedings at any time during the first five years after you became a lawful permanent resident if it’s determined that you were not eligible to obtain a green card at the time your application was approved, and you would not have been eligible under any other legal provision. If your lawful permanent residence is rescinded, you will no longer be a green card holder and may be removed from the US.

 

Abandoning US permanent residence

 

In some cases, you may decide to voluntarily abandon your US permanent resident status. This could be, for example, because you’ve chosen to live elsewhere and no longer want the tax filing and payment responsibilities that come with permanent residence. However, if you no longer reside in the US and wish to voluntarily give up your green card, you must formally abandon your claim to permanent resident status by filing the appropriate paperwork.

Abandoning your permanent resident status does not affect your ability to immigrate to the US in the future, although you would have to apply afresh. This is because abandonment of lawful permanent resident status is irrevocable. This means that if you’re looking to voluntarily give up green card status, you must give your decision careful thought.

In circumstances where you’re looking to voluntarily abandon your permanent resident status, or where you’re at risk of losing or being treated as having involuntarily abandoned this status, you should always immediately seek expert legal advice.

 

How to avoid loss of US permanent residence

 

If you want to continue to live and work in the United States, and preserve your right to apply for naturalization as a US citizen, you must protect and maintain your permanent resident status. There are several things you can do to reduce the likelihood that you will be found by the US government to have abandoned your status, including:

 

• Complying with all federal, state and local laws at all times
• Filing federal and, if applicable, state and local income tax returns
• Complying with all other responsibilities as a US resident, including keeping a valid permanent resident card on you at all times and showing this to an immigration or law enforcement officer if asked for it; giving your new address to USCIS within 10 days of each time you move; and registering with the Selective Service if you’re a male aged 18-26
• Not leaving the United States for extended periods of time, unless your trip is for a temporary purpose, for example, to care for a family member.

 

 

Need assistance?

 

NNU Immigration are US nationality specialists. For expert guidance on your US status, contact us. 

 

Green Card holder rules FAQs

 

How long can you stay out of the USA on a green card?
You shouldn’t be outside the USA for more than one year on a green card, unless you’ve applied for a re-entry permit prior to departing. In some cases, even a six month absence can cause problems being re-admitted.

 

How many years do you have to be in the US to get a green card?

There are a number of different ways to obtain US permanent resident status, otherwise known as a green card, with various different eligibility requirements. In some cases, you may be able to apply for a green card from overseas.

 

What are the new rules for green card holders?

Various new rules for green card holders came into force in 2020, including the rule that failing to admit to being an immigrant on a tax return could put an individual at risk of losing their permanent resident status.

 

What rights do I have as a green card holder

As a green card holder, you have the right to live and work permanently in the US, travel internationally, own property, and apply for certain government benefits. You are also protected by US laws at the federal, state, and local levels.

 

What responsibilities do I have as a green card holder

You must obey all US laws, file federal and state income taxes, update your address with USCIS, carry proof of your permanent resident status, and renew your green card when necessary. If you are a male between 18 and 25, you must register for Selective Service.

 

Can I lose my green card status

You can lose your green card if you commit certain crimes, violate immigration laws, fail to file taxes, or abandon your residency by living outside the US for an extended period without a reentry permit.

 

How long can I stay outside the US without losing my green card

If you stay outside the US for more than six months, it may raise questions about whether you have abandoned your residency. If you are outside the US for more than a year without a reentry permit, your green card may be considered abandoned.

 

Do I need to renew my green card

Green cards expire every ten years, and you must file Form I-90 to renew it before expiration. If you have a conditional green card issued through marriage, you must file Form I-751 to remove conditions before it expires.

 

Can I apply for US citizenship with a green card

Yes, most green card holders can apply for US citizenship after five years of continuous residence. Spouses of US citizens may apply after three years if they meet all eligibility requirements.

 

Can I vote in US elections with a green card

Green card holders cannot vote in federal elections. Some local and state elections allow noncitizen voting, but voting in federal elections as a noncitizen is illegal and can result in loss of permanent resident status.

 

Do I have to notify USCIS if I move

Green card holders must update their address with USCIS within ten days of moving to a new residence by filing Form AR-11 online or by mail.

 

Can I travel outside the US with a green card

You can travel outside the US, but extended stays abroad can lead to complications with your residency status. A reentry permit is recommended for trips longer than one year.

 

Can I sponsor family members for a green card

Yes, green card holders can sponsor their spouses and unmarried children for permanent residency. However, they cannot sponsor parents, siblings, or married children until they become US citizens.

 

Glossary

 

 

Term	Definition
Green Card	A document granting lawful permanent residence in the US, allowing the holder to live and work permanently in the country.
Permanent Resident	A foreign national who has been granted the right to live and work in the US indefinitely but is not a US citizen.
USCIS (US Citizenship and Immigration Services)	The government agency responsible for processing green card applications, renewals, and other immigration benefits.
Conditional Green Card	A two-year green card issued to spouses of US citizens married for less than two years at the time of approval, requiring additional steps to remove conditions.
Form I-90	The application used to renew or replace a green card that has expired, is lost, or is damaged.
Form I-751	The petition filed to remove conditions on a marriage-based green card before the two-year expiration date.
Reentry Permit	A document that allows a green card holder to stay outside the US for up to two years without risking loss of permanent resident status.
Abandonment of Residency	When a green card holder is deemed to have given up their US residency due to extended time abroad or failure to maintain ties to the US.
Continuous Residence	A requirement for naturalization stating that a green card holder must have lived in the US for a specified period without long absences.
Physical Presence	The actual time a green card holder has spent inside the US, which is required for naturalization eligibility.
Good Moral Character	A requirement for US citizenship applicants, meaning they have followed US laws and have no serious criminal record.
Selective Service Registration	A requirement for male green card holders aged 18 to 25 to register for potential military service in the US.
Naturalization	The legal process through which a green card holder becomes a US citizen after meeting eligibility requirements.
Form N-400	The application for US citizenship through naturalization.
Public Charge Rule	A policy that considers whether an immigrant is likely to become dependent on government assistance when applying for a green card or certain visas.
Employment Authorization	The legal ability for green card holders to work in the US without needing a separate work permit.
Immigration Fraud	Any attempt to gain immigration benefits through false information, including fraudulent marriages or misrepresentation.
Form AR-11	The form required to update USCIS with a green card holder’s new address within ten days of moving.
Removal Proceedings	The legal process that can result in a green card holder being deported from the US due to violations of immigration laws.