Lawful permanent resident (LPR) status, commonly known as holding a “green card,” is one of the most significant milestones in the United States immigration system. It provides foreign nationals with the right to live and work in the country indefinitely while opening the door to eventual US citizenship. LPRs remain subject to US immigration law and may be found removable if they violate the conditions of their status or commit certain acts under the Immigration and Nationality Act (INA).

What this article is about: This article explains what lawful permanent residence means under US immigration law, how it is obtained, the rights and responsibilities that come with it, and how it differs from other immigration statuses. It also covers how lawful permanent residents can maintain their status, the risks of losing it, and the process of moving forward to naturalization.

Section A: What is a Lawful Permanent Resident?

A lawful permanent resident (LPR) is a foreign national who has been granted the right to live permanently in the United States. This status is most often evidenced by possession of a Permanent Resident Card, commonly referred to as a “green card.”

1. Definition under US immigration law

Under the Immigration and Nationality Act (INA), lawful permanent residence allows a person to reside in the United States indefinitely, provided they continue to meet the conditions of their status. LPRs are not required to maintain a temporary nonimmigrant visa or depart when a period of stay expires. They enjoy a secure immigration status but remain non-citizens and are subject to removability grounds under the INA.

2. Distinction between lawful permanent resident, conditional resident, and US citizen

It is important to distinguish among similar-sounding statuses that carry different rights and obligations:

• Lawful Permanent Resident (LPR): Granted permanent residence, generally without an end date, subject to compliance with US immigration law.
• Conditional Resident: Certain green cards are issued on a two-year conditional basis, specifically in marriage-based cases (Form I-751 to remove conditions) and EB-5 investor cases (Form I-829). Conditions must be removed within the statutory filing window to avoid loss of status.
• US Citizen: Acquired by birth, acquisition or derivation through parents in certain cases, or by naturalization after meeting statutory requirements. Citizens may vote in federal elections and are eligible for certain benefits and roles not available to LPRs.

3. Benefits of LPR status compared to nonimmigrant visas

LPR status offers substantial advantages over temporary nonimmigrant classifications:

• No fixed time limit on residence in the United States.
• Authorization to work for virtually any employer without separate employment authorization (subject to restrictions for certain sensitive federal positions).
• Eligibility, after meeting statutory criteria, to sponsor certain family members for permanent residence.
• Greater security of status, avoiding the frequent renewals and status gaps common to temporary visas.

Section B: How to Obtain Lawful Permanent Resident Status

There are several legal pathways through which a foreign national can become a lawful permanent resident of the United States. The process varies depending on the basis of eligibility, but in all cases it requires either an immigrant visa issued abroad or adjustment of status from within the United States.

1. Family-based immigration (immediate relatives, preference categories)

Family sponsorship is the most common route to permanent residence. A US citizen or, in limited cases, a lawful permanent resident may petition for certain relatives to join them:

• Immediate relatives of US citizens: Includes spouses, unmarried children under 21, and parents of US citizens over 21. There is no numerical cap on these visas.
• Family preference categories: Cover more distant relatives such as adult unmarried or married children of US citizens, siblings of US citizens, and spouses and unmarried children of permanent residents. These categories are subject to annual quotas, often resulting in significant waiting periods.

2. Employment-based immigration (sponsored workers, EB categories)

Employment-based green cards are available to individuals with job offers or exceptional skills. They are divided into preference categories:

• EB-1: Priority workers, including individuals with extraordinary ability, outstanding professors and researchers, and certain executives and managers.
• EB-2: Professionals with advanced degrees or exceptional ability in their field.
• EB-3: Skilled workers, professionals, and certain other workers.
• EB-4: Certain special immigrants, including religious workers, long-term US government employees abroad, and certain Afghan and Iraqi nationals who worked with the US Government.
• EB-5: Investors who commit qualifying capital to US businesses that create at least 10 full-time jobs for US workers.

3. Other routes (asylum, refugee, DV lottery, special programs)

Permanent residence may also be obtained through humanitarian or special programs:

• Asylum and refugee status: Individuals granted asylum or admitted as refugees may apply for a green card after one year of continuous presence.
• Diversity Visa (DV) Lottery: Makes a limited number of immigrant visas available annually to nationals of countries with historically low levels of immigration to the US.
• Special programs: Includes humanitarian relief initiatives or nationality-specific programs established by Congress or US immigration policy.

4. Adjustment of status vs. consular processing

The method of applying for LPR status depends on where the applicant is located:

• Adjustment of status: Available to eligible applicants already lawfully present in the US. It allows them to apply for permanent residence without leaving the country.
• Consular processing: Required when the applicant is outside the US or ineligible to adjust status. The immigrant visa is issued after an interview at a US consulate abroad, after which the individual enters the US as a permanent resident.

Section C: Rights and Responsibilities of Lawful Permanent Residents

Lawful permanent resident status provides many benefits, but it also carries obligations. Understanding these rights and responsibilities is crucial for maintaining compliance and protecting immigration status.

1. Key rights (work authorization, residency, protection under US law)

LPRs enjoy substantial rights under US law, including:

• The right to live permanently in the United States, provided they do not commit acts that make them removable under the INA.
• Authorization to work for almost any employer in the United States without requiring a separate work permit.
• Protection under all US federal, state, and local laws, including access to the courts.
• Eligibility in many states to apply for a driver’s license and, in some cases, in-state tuition for higher education.

2. Responsibilities (obeying laws, tax obligations, selective service registration)

With rights come legal responsibilities:

• Obeying laws: LPRs must comply with all federal, state, and local laws. Criminal convictions may jeopardize their immigration status.
• Tax obligations: Permanent residents are considered US tax residents. They must file US income tax returns and report worldwide income, just like US citizens.
• Selective Service registration: Male permanent residents between ages 18 and 25 must register with the Selective Service System.

3. Travel rights and re-entry permits

LPRs may travel freely in and out of the United States, but they must comply with entry and residency rules:

• Short trips abroad generally pose no issue, but absences longer than six months may raise questions about abandonment of residence.
• For absences exceeding one year, an LPR should obtain a re-entry permit before leaving the US to preserve their status.

4. Restrictions (voting, certain federal benefits, deportability grounds)

Despite their broad rights, LPRs do not have the full privileges of US citizenship:

• Voting: LPRs cannot vote in federal elections. Unlawful voting may lead to criminal penalties and deportation.
• Federal benefits: Some benefits are restricted, though LPRs may qualify for certain programs such as Medicaid or Supplemental Security Income (SSI) after meeting statutory residency and eligibility requirements.
• Deportability: LPRs remain subject to removal proceedings if they commit serious crimes, engage in fraud, or otherwise violate immigration law.

Section D: Maintaining and Losing LPR Status

Securing lawful permanent resident status is a major achievement, but it must be maintained carefully. Certain actions or omissions can put an LPR’s status at risk, while consistent compliance opens the pathway to naturalization.

1. Continuous residence and abandonment of status

Permanent residence must be genuine. An LPR is expected to make the United States their principal home. Extended or repeated absences abroad may suggest abandonment of status, especially if the individual:

• Spends more time outside the United States than within it.
• Maintains primary ties such as employment, property, or family abroad rather than in the US.
• Fails to file US tax returns as a resident.

Customs and Border Protection (CBP) officers or immigration judges make abandonment determinations. A re-entry permit helps demonstrate intent to maintain residency when long trips are unavoidable, but it does not guarantee protection from a finding of abandonment.

2. Conditional residence and removal of conditions

Some green cards are issued on a conditional basis, typically through marriage to a US citizen or lawful permanent resident, or through investment under the EB-5 program. Conditional residence lasts two years.

• To maintain status, the LPR must file a petition to remove conditions within the 90 days before the card expires.
• Form I-751 is used for marriage-based conditional residents, while Form I-829 is used for EB-5 investors.
• Failure to file properly may result in loss of status and initiation of removal proceedings.

3. Grounds for revocation or deportation

LPRs can be placed in removal proceedings and lose their green card if they:

• Commit serious crimes such as aggravated felonies or multiple crimes of moral turpitude.
• Engage in fraud or misrepresentation in the immigration process.
• Violate immigration laws, such as failing to remove conditions or falsely claiming US citizenship.

4. Naturalization process as a path to citizenship

For many LPRs, permanent residence is a step toward full US citizenship.

• Most LPRs may apply for naturalization after five years of continuous residence.
• Spouses of US citizens may apply after three years, provided they meet residence and marital requirements.
• Applicants must demonstrate good moral character, continuous residence, physical presence, attachment to the Constitution, English language ability, and knowledge of US civics.

FAQs

How long does it take to become a lawful permanent resident?
The timeline depends on the immigration route. Immediate relatives of US citizens often have the shortest wait, while family preference and employment categories can involve years of waiting due to visa backlogs and priority date availability under the Visa Bulletin. Asylum or refugee applicants may apply after one year of status, and DV lottery winners typically complete the process within the program year.

Can lawful permanent residents vote?
No. LPRs cannot vote in federal elections, and unlawful voting may result in deportation. Some local jurisdictions permit LPRs to vote in limited local elections, but this is rare and does not apply at the federal level.

What is the difference between a green card and LPR status?
“Green card” is the physical document proving lawful permanent resident status. The terms are often used interchangeably, but the card itself is simply evidence of the underlying immigration status.

Can an LPR sponsor family members?
Yes. LPRs may sponsor spouses and unmarried children for permanent residence. Unlike US citizens, however, they cannot sponsor parents, married children, or siblings.

How can an LPR lose their status?
An LPR may lose status by abandoning residence, failing to remove conditions on a conditional green card, committing deportable crimes, or engaging in immigration fraud. In all cases, a legal process is required before permanent residence can be formally revoked.

Conclusion

Lawful permanent resident status is a cornerstone of the US immigration system, granting foreign nationals the ability to live and work in the United States indefinitely. It provides stability, opportunity, and a clear pathway to US citizenship, while also imposing legal responsibilities that must be taken seriously.

For those seeking to obtain a green card, the route to permanent residence may be through family, employment, humanitarian relief, or special programs. Once secured, maintaining compliance with residency rules, taxes, and legal requirements is essential to safeguard status.

It is important to remember that LPR status is not irrevocable—individuals may lose their status if they abandon residence, fail to meet statutory conditions, or commit acts that make them removable under the INA. For those who remain compliant, lawful permanent residence provides long-term security and the opportunity to become fully integrated as US citizens through naturalization.

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Nita Upadhye

Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.

Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.

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