WHAT YOU SHOULD KNOW
As a Lawful Permanent
Resident of The United States
I. INTRODUCTION
Congratulations! You have been admitted to the United States
as a Lawful Permanent Resident. This change in your status
will have a dramatic effect on your legal rights in this country.
As summarized below, permanent residents are entitled to the
enjoyment of many new rights and privileges. Likewise, permanent
residents are required to comply with several new duties and
obligations. The purpose of this pamphlet is to provide you
with a summary of these rights and duties in order that you
can begin to understand the meaning of your new status as
a permanent resident of the United States. But first, a word
about your Permanent Resident Card.
This card (formerly Form I-151, now Form I-551, and commonly
referred to as a "green card") is evidence of your registration,
as required by law, and of your status as a legal permanent
resident. It is mailed to you within 2 to 12 months after
your admission with an immigrant visa to the United States
or, if you are already in the United States, after you adjust
to permanent residence status. Any accompanying child, if
not a United States citizen, must be presented by a parent
or legal guardian at the nearest Immigration and Naturalization
Service (INS) office for fingerprinting within 30 days of
reaching 14 years of age.
Every permanent resident 18 years of age and over must keep
the card in his or her personal possession. Use of your card
by any other person is unlawful. Immediately notify the nearest
INS office if your card is lost or stolen.
Your card contains an eight or nine digit number preceded
by the letter A. This is your official file number. Record
this number for reference. Whenever communicating with the
INS, provide your file number, your full name, the country
of your birth and your birth date.
You should keep this pamphlet with your important personal
documents for future reference.
-- Allen E. Kaye
II. RIGHTS AND PRIVILEGES ENJOYED BY PERMANENT
RESIDENTS
A. THE RIGHT TO BECOME A U.S. CITIZEN
- Your Most Significant Right: You are eligible to
apply for citizenship once you have been a permanent resident
for five years. The application can be filed three months
before you are eligible. However, the enjoyment of this
right - to apply for naturalization - is not automatic and
will be successful only if you comply with several requirements.
These are discussed below.
- Physical Presence and Residence Requirement: During
the five years you have been a permanent resident, you must
have been in the United States 50% of the time. Only then
can you file an application. If you break your continuous
residence by departing for a year or more (even with a Re-Entry
Permit), or for six months or more without a good reason,
then you must re-establish residence upon your return and
wait four years before filing (or two years if you are married
to a U.S. citizen).
- Qualified Period Shortened for Persons Married to U.S.
Citizens: If you are married to a U.S. citizen and you
and your spouse have lived together for three years since
your spouse became a U.S. citizen, you are eligible to file
for naturalization. You too, must have been a permanent
resident for three years.
This special rule applies only if the parties are living
together at the time of filing. If a citizen spouse has
been assigned abroad by a U.S. corporation developing international
trade or by certain governmental, international, or non-profit
organizations, then you may be eligible to be naturalized
immediately through an expedited procedure before you leave
the United States [Immigration & Nationality Act, Section
319(b)].
- Preserving Residence: If you leave the United States
to work for a U.S. government agency, an international agency,
certain religious organizations, or a U.S.-owned firm you
may, under certain circumstances, qualify for relief from
the continuous residence requirement. If you fail to seek
this relief, you may have to wait up to three additional
years to qualify for naturalization. You should apply for
this relief before you depart the United States. The requirement
that you be physically present in the U.S. for 50% of the
five- or three-year qualifying period still remains.
- Personal Interview and Examination: The application
process may take up to two years, depending on where you
live at the time of application. An interview will be scheduled
during which you will be tested about American government
and history as well as your ability to read and write in
English. Long time elderly residents and those with impairments
may qualify for exemption from the English language requirements.
In addition, the INS may choose to review your original
basis for becoming a permanent resident. INS officials may
want to know whether you remained with your spouse or the
employer who petitioned for you for a "reasonable" period
of time. There is no single definition of what is "reasonable"
- it all depends on the facts and circumstances of each
individual case. In addition to meeting the above requirements,
you will have to show that you are a person of good moral
character. Because the naturalization examiner may challenge
your original basis for becoming a permanent resident, it
is a good idea to have an experienced immigration lawyer
with you when you are examined.
- Dual Citizenship: The law of your country may
allow you to retain your native citizenship after you become
a U.S. citizen. You should contact your country's Embassy
or Consulate to check with them.
- Benefits of Naturalization: Becoming a permanent
resident puts you on the path to becoming a naturalized
citizen of the United States. Citizenship carries extensive
additional benefits: the right to vote and to hold office,
immunity from immigration laws and deportation, the right
to a U.S. passport, opportunities for security clearance
and special jobs, protection from certain estate taxes,
and the right to certain income tax advantages.
B. THE RIGHT TO TRAVEL ABROAD
- Receiving Your Resident Alien Card: As stated previously,
your green card should arrive in the mail two to twelve
months after the approval of your permanent resident status.
Meanwhile, you may travel abroad provided the INS has stamped
your passport with temporary evidence of your permanent
resident status and provided you return to the United States
before the expiration date of that stamp. The Postal Service
is instructed not to forward Form I-551. The card has an
expiration date ten years from the approval date. If you
do not become a citizen by then, you will remain a permanent
resident, but you must obtain a new card for foreign travel
or employment purposes. If the card has an expiration date
two years from issuance, you are classified as a "conditional
resident" and you are required to file a petition prior
to the expiration date in order to preserve your permanent
resident status. See Section III(D) below for more details.
- Green Card as a Travel Document: A permanent resident
uses the Permanent Resident Card in lieu of a visa to return
to the United States after a trip abroad of less than one
year. Note, however, that if something happens while you
are outside the United States that affects your right to
return, such as conviction of a crime, contracting a disease
or mental illness, you could have difficulty re-entering
the United States. If you travel and remain abroad more
than twelve months, you risk exclusion unless you have a
valid Re-Entry Permit, a document different from your Permanent
Resident Card.
- Re-Entry Permits: You must apply for a Re-Entry
Permit. The Permit will allow you to remain outside the
United States for up to two years. The application for a
Re-Entry Permit must be filed and received by INS before
you leave the U.S., but processing by INS may be completed
while you are abroad. A Re-Entry Permit cannot be extended,
but a new Permit may be requested for an additional two-year
period. You will have to return to the U.S. to make the
new application. You should obtain legal advice before you
depart the U.S. for any prolonged period or for any period
that will involve employment abroad.
- If You Work Outside the United States: Consult
with us to be sure you have done everything possible to
declare your intention to return to your residence here.
Apply for a Re-Entry Permit if there is any possibility
that you will remain outside the United States for a year
or more; file an Application to Preserve Your Residence
for Naturalization Purposes if you have a United States
employer or work for a qualifying international or religious
organization; file resident U.S. tax returns for your earnings
both inside and outside the U.S.; consult a tax advisor
knowledgeable in taxation while working abroad (we will
be happy to make a referral); and consider whether you may
be eligible for expedited naturalization [See II(A)(3) above].
C. THE RIGHT TO FILE A PETITION FOR RELATIVES
- The Petition: One of the most important benefits
you have as a permanent resident is the right to petition
for certain relatives. A successful petition entitles the
relative to enter the United States as a permanent resident,
the same legal status as you currently enjoy.
- Eligibility: Under current law, eligible relatives
include only your spouse and unmarried children of any age.
No other relative is eligible. When you become a citizen,
you will be entitled to petition for your parents, married
children, and brothers and sisters.
- Filing: You may file a petition for an eligible
relative once you have been granted permanent residence
even though your Form I-551 green card has not arrived.
Since the waiting period for a visa for relatives may be
several years, it is essential that you file a petition
as soon as possible.
- Seeking Legal Advice: Sometimes it is preferable
to allow your relative to apply for residence based on employment
rather than on personal relationship. Sometimes it is best
to have your relative apply for a temporary visa before
filing a relative petition. The U.S. immigration laws can
be very complex. They involve more than simply filling out
forms. I recommend that you seek legal advice before filing
a petition, in order to efficiently plan for the future.
Please call us for assistance.
D. THE RIGHT TO REMAIN IN THE UNITED
STATES PERMANENTLY
Another major benefit you now enjoy as a Permanent Resident
is the ability to remain in the United States indefinitely,
assuming that you obey U.S. laws.
E. THE RIGHT TO LOCAL GOVERNMENT BENEFITS
- Entitlement Benefits: In the United States, many
public benefits are administered and distributed by local
and state governments. Typical benefits include public assistance
and the right to obtain certain types of business and recreational
licenses. The number and extent of such benefits varies
from state to state and from municipality to municipality.
- Only Permanent Residents Eligible: States and municipalities
award most benefits only to citizens and permanent residents.
F. THE RIGHT TO PUBLIC EDUCATION BENEFITS
- Equal Treatment of Permanent Residents: As a permanent
resident, you are entitled to the same benefits as U.S.
citizens. States are required to treat permanent residents
in the same way as U.S. citizens for these purposes.
- In-State Tuition: Most states allow permanent residents
to pay in-state tuition rates if they meet the state's criteria
for such designation. In-state tuition can save a student's
family several thousands of dollars annually.
G. THE RIGHT TO PROTECTION AGAINST
REMOVAL (DEPORTATION)
Permanent residents have more alternatives than do other aliens
when it comes to relief from removal (deportation). For example,
aliens who have held permanent resident status for five years
and have actually resided continuously in the U.S. for seven
years, may be eligible to apply for relief from removal (deportation)
under Section 240A of the Immigration and Nationality Act.
Eligibility to apply is most beneficial since it allows the
permanent resident to present his or her equities to an Immigration
Judge who has the discretionary power to rule that the permanent
resident should not be removed (deported).
H. THE RIGHT TO PRIVATE-SECTOR BENEFITS
Some employers and private-sector institutions give preferential
treatment to permanent residents over other aliens by requiring
as a condition of employment that employees be either citizens
or permanent residents. Employers may also lawfully discriminate
against non-permanent residents. For example, some employers
may require new employees to undergo a background check and/or
a security clearance as a condition of employment.
I. THE RIGHT TO SOCIAL SECURITY BENEFITS
- Application: You may obtain a Social Security Card
as soon as you have INS employment authorization, Form I-551,
or the temporary I-551 stamp in your passport. You must
file an application in person at your local Social Security
office. You should bring the following documents with you:
passport and proof of permanent resident status. For more
information call (800) 772-1212.
- Restrictions: If you already have your Social Security
Card, but it is not valid for employment, or is not valid
without an INS employment authorization document, you should
contact your local Social Security office and present evidence
of your Permanent Resident status. The restriction will
be removed.
- Social Security Account: Even if you have a Social
Security number, you should check to insure that you received
credit according to Social Security regulations for any
taxable work you did before becoming a permanent resident.
Sometimes Social Security officials misplace records if
you did not have a valid card. This is the time to check.
Ask your local Social Security Office for Form SSA-7004
(Request for Earnings and Benefit Estimate Statement) to
check these records. In fact, you should check your earnings
statement every three to four years because errors more
than four years old usually cannot be corrected.
- Misusing a Social Security Number: You should be
aware that it is a serious criminal offense to use someone
else's Social Security number or to use a falsely obtained
one. If you have done so, seek legal advice before contacting
a Social Security office.
- Totalization Treaties: If you were assigned by
your employer abroad to work in the United States, it may
be possible to claim an exemption from U.S. Social Security
taxes and to claim a refund for Social Security taxes paid
by your employer in the past three tax years. To do this,
your employer must have paid into your home country's Social
Security system. This provision of law can result in a substantial
refund without a sacrifice of benefits, if the Social Security
tax rate is lower overseas. Most European countries have
a totalization treaty in force with the United States. These
include: Austria, Belgium, Canada, Finland, France, Germany,
Ireland, Italy, Luxembourg, Netherlands, Norway, Spain,
Sweden, Switzerland and the United Kingdom. Since it may
be possible to claim coverage under your home country's
Social Security system even after you become a permanent
resident of the United States, you should consider this
option carefully.
- Collecting Benefits: You should note that if you
are out of the U.S. for six months or more you cannot collect
social security benefits overseas.
III. DUTIES, OBLIGATIONS, AND RESTRICTIONS
FACING
A PERMANENT RESIDENT
A. TAXATION
- U.S. Resident Tax Return: As a permanent resident,
you must pay U.S. income taxes on your total worldwide income.
If you were previously in the United States on a temporary
work visa, probably only your U.S. income was subject to
U.S. taxation. You should begin to pay taxes as a U.S. resident,
filing a return no later than April 15 of the year after
you become a permanent resident. Failure to do so could
result in civil or even criminal penalties. You will also
be required to pay state income taxes if you live in a state
that requires it. The only basis for not filing taxes is
if your income is insufficient to require filing. It is
best to consult an accountant if you have taxation questions.
Call us if you would like a referral.
- Witholding Taxes: Your employer is required to
withhold a portion of your salary for the payment of taxes
on your wages. If you are self-employed, you will have to
pay your own Social Security taxes when you file your annual
income tax return.
B. MILITARY DUTY
- Registration: Men age 18 to 26 are required to
register for Selective Service within thirty days of their
eighteenth birthday. This requirement applies to permanent
residents, citizens, and any other persons in the United
States who are not in lawful nonimmigrant status. Failure
to register is a felony with a potential penalty of up to
five years imprisonment and a fine of up to $250,000. Responsibility
to register ends on the twenty-sixth birthday. If you become
a permanent resident before your twenty-sixth birthday,
it may be in your best interest to register for Selective
Service (otherwise you may disqualify yourself from citizenship).
Depending on your country of citizenship, you may be exempt
from military service. However, because claiming such exemption
may disqualify you from citizenship, you should consider
this matter very carefully and consider seeking legal advice.
- Purpose of Registration: Selective Service Registration
does not mean that you will have to enter the Armed Forces.
Registration is only so that the Armed Forces may call upon
you in the event of a national emergency.
- Registration May Be a Prerequisite: Selective Service
Registration may be a prerequisite to obtain certain benefits,
including naturalization and other benefits such as student
financial aid and federal employment. For more information,
you may call Selective Service toll-free at (800) 621-5388.
C. CHANGE OF ADDRESS
- Notification Required: If you move, you are required
to report your new address to the INS District Office within
ten days of your move. Failure to report your address may
be a ground for removal (deportation). Also, if you move
out of state, you may incur significant delays when you
file for naturalization. We will be happy to notify INS
for you if you keep us informed of any future changes of
address.
- Annual Update Not Necessary: It is not necessary
to register your current address annually with the INS.
D. CONDITIONAL RESIDENCE
- Who Is a Conditional Resident: An alien who qualifies
for permanent residence (a) on the basis of a marriage to
a U.S. citizen or permanent resident that took place less
than two years earlier, or (b) as an employment creation
immigrant because of an entrepreneurial investment receives
a green card valid for two years only. This is called Conditional
Residence. Conditional Residents must take further steps
to become full-fledged permanent residents.
- What Action Must Be Taken:
a) If you qualified
on the basis of a marriage to a U.S. citizen or permanent
resident, you and your spouse must file a joint petition
during the 90-day period before the second anniversary of
your approval for permanent residence (before the expiration
date of your green card, Form I-551). You must file the
petition only during that 90-day period. You will be subject
to removal (deportation) if you fail to file this petition
on time. You will be required to document your on-going
marital relationship or, if no longer married, that your
marriage was valid at its inception and that you are otherwise
eligible for a waiver. Extensive documentation is required
and your spouse will have to sign the petition unless you
seek a waiver of the requirement that you and your spouse
file a joint petition. An immigration lawyer can be very
helpful if you cannot file the joint petition and must apply
for a waiver.
b) If you are qualified as an employment
creation immigrant because of an entrepreneurial investment,
you will be required to file a petition during the 90-day
period before the second anniversary of your approval for
permanent residence (before the expiration date of your
green card, Form I-551). You must file the petition only
during that 90-day period. You will become deportable if
you fail to file this petition on time. You will be required
to document that you completed the investment on which your
approval for permanent residence was based, that the business
continues to operate, and that the required ten jobs for
American workers either have been, or soon will be, created.
Extensive documentation is required. An immigration lawyer
can be very helpful in preparing the necessary petition.
- Documentation:
a) Conditional residents
who qualified on the basis of marriage should start preparing
documentation of the continuing marital relationship during
the two years before the condition is to be removed. These
include: records of jointly held property and bank accounts,
insurance covering your spouse and naming your spouse as
beneficiary, bills and correspondence addressed to you at
the same address, photographs of the two of you together,
leases or deeds naming both, etc. Save these documents for
the time when you consult us about filing the required petition.
(Even if the conditional residence status is removed and
you receive a green card valid for ten years, we suggest
that you may want to save these documents for three years,
to demonstrate that your permanent residence was based on
a marriage to a U.S. citizen. You will need such documentation
when you apply for naturalization.)
b) Conditional residents
who qualified as employment creation immigrants should be
sure to maintain detailed business records, including copies
of tax filings and payments, employment records, records
of transactions, and any other evidence that the business
is in operation. Have these documents ready when you consult
us about filing the required petition. Also, consult us
at any time during the two-year period if you are considering
closing or selling the business.
- Interview: Conditional residents may be required
to appear for an interview after the petition is filed.
If your case is carefully documented, the interview may
be waived. If you are no longer living with the spouse who
petitioned for you, the interview can be quite extensive
and the INS may reconsider the basis for your permanent
resident status. We suggest that you contact us whether
or not you are living with your spouse, in order to avoid
any problems.
- Seek Our Assistance: Contact us 18-20 months after
you obtain your conditional residence status. At that time,
we will discuss current procedures and techniques.
E. LOSS OF PERMANENT RESIDENT STATUS
- Possibility of Losing Status: Although you are
a permanent resident, you remain an alien. Therefore, it
is still possible for you to lose your permanent resident
status if you depart the United States and are later found
to have abandoned your residence.
- Abandonment of Status: Loss of permanent resident
status could occur if you accept a permanent job abroad,
if you fail to file a U.S. resident tax return, if you stay
outside the United States for more than one year without
a valid Re-Entry Permit, or if you are otherwise found to
have abandoned your residence in the United States. In determining
whether you have abandoned your American residence, the
INS will consider a number of factors (no one factor will
be decisive) such as: evidence of intent to reside in the
United States; maintaining assets in the United States such
as real estate, savings accounts or other investments; the
presence of family in the United States; and the payment
of U.S. taxes and the retention of property and contacts
in the U.S. (such as membership in associations, religious
affiliations, credit or brokerage accounts). You do not
necessarily have to own or rent a home here, but that is
always a helpful factor. On the other hand, if you do not
spend significant time in the United States or have not
established a "home" here, or if you enter the U.S. with
a wallet or purse full of foreign documents (driver's license,
credit cards, etc.), or refer to your residence overseas
as "home", that may call attention to the possibility that
you have abandoned your U.S. residence.
- Criminal Convictions: You may also lose your status
if you are convicted of a crime involving moral turpitude
or other serious offenses. Minor drug offenses may result
in loss of permanent resident status as well. You should
consult us if you are arrested for any reason at all.
- Lack of Eligibility for Permanent Residence: You
may also lose your status if it is determined that you were
ineligible for permanent resident status at the time you
received it. This can happen if you worked or remained in
the United States without INS authorization prior to adjusting
your status or were otherwise excludable or deportable.
- Effect of Divorce: You may also be found ineligible
for permanent resident status if you separated from the
spouse or employer who petitioned for you shortly after
obtaining status. You should consult with us before taking
such action. These matters must be taken seriously. Even
a person who has lived in the United States as a permanent
resident since early childhood may lose his or her status
and face deportation proceedings.
- Benefits of Citizenship: When a permanent resident
becomes a naturalized citizen, U.S. immigration laws no
longer affect his or her stay in the U.S.
IV. MAINTAINING CONTACT
WITH OUR OFFICE
It has been our pleasure to have assisted you in reaching
your goal of becoming a Permanent Resident of the United States.
If you keep us advised of your address, we will attempt to
notify you of critical matters, such as eligibility for naturalization
and other happenings that may affect your status. Should you
need the help of an attorney in the future, we hope you will
contact us. We would appreciate your providing our name to
your friends or relatives who may need an attorney. Thank
you for the opportunity to have been of service to you.
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