Keeping Your Green Card

Making sure you stay in the U.S.A.

Green cards are hard to get and are wanted by many people all over the world. Once you are issued a green card, it's wise to understand how to protect this important document.

I thought my green card was permanent. It can't be taken away, right?
You can lose your green card and get deported if you:

• Commit crimes
• Break immigration laws
• Fail to advise immigration authorities when you change your address (you have 10 days to do this)

• “Abandon” the U.S.
• Fail to register for the draft with the selective service if you are a male between 18 and 25

Even minor crimes that might not require jail time can be grounds for deportation. Common reasons for being deported include:

• Helping illegal immigrants
• Domestic violence (beating your spouse, children or other vulnerable members of your family)
• Fraud
• Failing to pay your taxes
• Sex offenses

If you are arrested for any reason, consult a criminal lawyer and an immigration lawyer. Ignorance of U.S. law is not a defense.

Can I leave the U.S. once I get a green card?
Yes, but if you leave for more than a year, you may be refused re-entry. Since the U.S. must be your permanent home, a long absence can be interpreted as an “abandonment of U.S. residence.”

Many people will tell you that you only need to return to the U.S. once a year to keep your green card, but this is not true - especially with the tougher immigration rules. To be safe, you shouldn't stay out of the country for more than six months at a time.

Will I automatically lose my green card if I'm away for a year?
Not necessarily, especially if you intended to leave the U.S. only temporarily. However, after a year away, your green card won't allow you back into the country. You must re-enter using a re-entry permit or a returning resident visa. 

What's a re-entry permit?
If you have a green card and know in advance that you will be away for more than a year, you can return to the U.S. using a re-entry permit. You must send your application (Form I-131) to the USCIS before you leave. They will issue a re-entry permit when you are ready to return.

Re-entry permits:

• Cover absences of up to two years
• Cannot be renewed
• Must be applied for in the U.S.

Although they cannot be renewed, if you need to be away for more than two years, a new one can be issued if you return briefly and reapply while in the U.S.

What's a Returning Resident Visa?
This is a special visa for green-card holders who are away for more than one year, but didn't apply for a re-entry permit before leaving. To get a returning resident visa, you must apply at a U.S. consulate, outside the U.S. In addition, will have to show that your absence from the U.S. was:

• Temporary
• Not an abandonment of your U.S. residence
• Due to unforeseen circumstances

If you do not have a valid reason for being away so long, you will likely lose your green card.

What's the best way to protect my green card?
The best way to protect your green card is to obey all U.S. laws and file for U.S. citizenship as soon as you are eligible.