Your Rights and Responsibilities as a
Permanent Resident
As a
permanent resident, you are expected to respect and be loyal to the
United States and to obey our country’s laws. Being a permanent resident also means that
you have new rights and responsibilities.
Being a permanent resident is a “privilege” and not a “right.” The U.S. government can
take away your permanent resident status under certain conditions. You must maintain your
permanent resident status if you want to live and work in the United States and become a
U.S. citizen one day. In this section, you will learn what it means to be a permanent resident
and how you can maintain your permanent resident status.
Your Rights and Responsibilities
What you do now as a permanent resident can affect your ability to become a U.S. citizen
later. The process of becoming a U.S. citizen is called “naturalization.”
As a permanent resident, you have the right to:
• Live and work permanently anywhere in the
U.S.
• Apply to become a U.S. citizen once you are
eligible.
• Request a visa for your husband or wife and
unmarried children to live in the U.S.
• Get Social Security, Supplemental Security
Income, and Medicare benefits, if you are eligible.
• Own property in the U.S.
• Apply for a driver’s license in your state
or territory.
• Leave and return to the U.S. under certain
conditions.
• Attend public school and college.
• Join certain branches of the U.S. Armed
Forces.
• Purchase or own a firearm, as long as there
are no state or local restrictions saying you can’t.
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As a permanent resident, it is your responsibility to:
• Obey all federal, state, and local laws.
• Pay federal, state, and local income taxes.
• Register with the Selective Service (U.S.
Armed Forces), if you are a male between ages 18 and 26.
See
Register With the Selective Service for instructions.
• Maintain your immigration status.
• Carry proof of your permanent resident status at all
times.
• Give your new address in writing to the
Department of Homeland Security (DHS) within 10 days of each time you move.
See
Give Your New
Address to DHS for instructions.
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Permanent residents are issued a valid Permanent Resident
Card (Form I-551) as proof of their legal status in the United States. Some
people call this a “Green Card.” If you are a permanent resident who is 18 or older, you must
carry proof of your immigration status. You
must show it to an immigration officer if asked for it. Your card is valid
for 10 years and must be renewed before it expires. You should file Form I-90 to replace or renew your
Permanent Resident Card. Form I-90 and instructions are available at
http://uscis.gov/graphics/formsfee/forms/i-90.htm or by calling the
USCIS Forms Line at 1-800-870-3676. There is a fee to file Form I-90.
Your Permanent Resident Card shows that you
are allowed to live and work in the United States. You also can use your
Permanent Resident Card to re-enter the United States. If you are outside the U.S. for more than 12 months,
you will need to show additional documentation to re-enter the U.S. as a permanent resident. See Maintaining
Your Permanent Resident Status for more information on the documents required to re-enter the U.S. if you are out of the country for more than 12 months.
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OTHER IMPORTANT
DOCUMENTS
Keep important documents you brought from your home country in a safe
place. These documents include your passport, birth certificate,
marriage certificate, divorce certificate, diplomas showing that you
have graduated from high school or college, and certificates that show
you have special training or skills. |
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Maintaining Your Permanent
Resident Status
There are some things you must do to maintain your permanent resident status. These are
also important to remember if you plan to apply for U.S. citizenship in the
future.
• Don’t leave the United States for an extended period of time or move to
another country to live there permanently.
• File federal and state income tax returns.
• Register with the Selective Service, if you
are a male between the ages of 18 and 26.
• Give your new address to DHS.
Keep Your Immigration Status
Permanent residents who leave the United States for extended periods, or who cannot show
their intent to live permanently in the U.S., may lose their permanent resident
status. If
you think you will be out of the U.S. for more than
12
months, you should apply for a re-entry permit before leaving the country. You should file Form I-131, Application for a Travel
Document. A re-entry permit is valid for up
to 2 years and shows that you are returning from a temporary visit
abroad. You may show the re-entry permit at a port of entry.
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Form I-131 and instructions are available at http://uscis.gov/graphics/formsfee/forms/i-131.htm or by calling the
USCIS Forms Line at 1-800-870-3676. You must pay a fee to file Form I-131.
If you are not able to return to the U.S. before your re-entry permit expires or you did not apply for a re-entry permit before leaving the U.S.
and have been outside the U.S. for more than 12 months, you may be able to get
a special immigrant Returning Resident (SB-1) visa overseas from the Department of State. There are special requirements for
this visa. Visit http://www.state.gov or your nearest Department of State
Consular Office overseas for more information.
File Tax Returns
As a permanent resident, you must file income tax returns and report your income to the
Internal Revenue Service (IRS) and your state, city, or local tax department, if required. If you do not file income tax returns while living outside of
the U.S. for any length of time, or if you say that you are a
“non-immigrant” on your tax returns, the U.S. government may decide that you
have given up your permanent resident status.
Register With the Selective Service
If you are a man and you are 18 to 26 years old, you must register with the
Selective Service. When you register, you tell the government that you are
available to serve in the U.S. Armed Forces. The United States does not have
a military draft now. Permanent residents and citizens do not have to serve in the Armed
Forces unless they want to.
You can register at a United States post office or on the Internet. To
register for Selective Service on the Internet, visit the Selective Service
website: http://www.sss.gov. To speak with
someone from the Selective Service, call 1-847-688-6888. This is not a free
call.
You can also find information on the USCIS website
http://www.uscis.gov.
Give Your New Address to DHS
Every time you move, you need to tell DHS your new address. You must file
Form AR-11, Alien’s Change of Address Card. You must file this form within
10 days of your move. There is no fee to file this form.
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Send Form AR-11 to:
Department of Homeland Security
U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134
For more information, call USCIS at 1-800-375-5283 or visit
http://www.uscis.gov/graphics/formsfee/forms/ar-11.htm.
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If You Are a Conditional Resident
You may be in the U.S. as a conditional resident (CR). You are a CR if you
were married for less than 2 years to your U.S. citizen or permanent resident
spouse on the
day your permanent resident status was granted. If you have children, they
also may be CRs. Some immigrant investors are also conditional residents.
A CR has the same rights and responsibilities as a permanent resident. Conditional
residents must file either Form I-751, Petition to Remove the Conditions on
Residence, or Form I-829, Petition by Entrepreneur to Remove Conditions,
within 2 years of the date they were granted conditional permanent resident status. This
date is usually the expiration date of your Permanent Resident Card.
You should
file these forms within 90 days of the 2-year anniversary of when
you got your conditional resident status. If you do not do this, you can lose
your immigration status.
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Filing Form I-751 With Your Husband or
Wife
If you are a CR and you are married, then you and your spouse must file Form
I-751 together so that you can remove the conditions on your permanent resident
status.
Sometimes, you do not have to file Form I-751 with your husband or wife. If
you are no longer married to your spouse, or if your spouse has abused you,
you can file Form I-751 by yourself. If you are not applying with your
spouse, you can file Form I-751 at any time after you are a CR.
HOW TO FILE USCIS FORMS
I-751 AND I-829
Who: Conditional residents
Why: Conditional resident status expires 2 years after the date you
become a CR.
When: Conditional residents filing together with their spouse must file
Form I-751. Immigrant Investors must file Form I-829. Both of these
forms must be filed within the 90 days before conditional residence
status expires. The expiration date is normally on your Permanent
Resident Card.
Where to get the form: You can call the USCIS Forms Line at 1-800-870-3676. You also can get the form at
http://www.uscis.gov.
Where to send the form: Send it to a USCIS Service Center. The addresses
of the Service Centers are in the instructions for the form.
What it costs: You must pay a fee to file Form I-751 or Form I-829. These fees can change, so check with USCIS for the current fees before you send the form.
If you file Form I-751 or Form I-829 on time, USCIS will usually send
you a notice extending your CR status for up to 12 months. During this
time, USCIS will review your application. |
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TIP: Keep copies of all forms you send to USCIS and other government offices.
When sending documents, do not send originals. Send copies. Sometimes forms
get lost. Keeping copies can help avoid problems.
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Finding Legal Assistance
If you need help with an immigration issue, you can use the services of a
licensed and competent immigration lawyer. You can check with your local bar
association for help finding a qualified lawyer.
If you need legal help on an immigration issue, but do not have enough money
to hire a lawyer, there are some low-cost or free assistance options. You
can ask for help from:
• A Recognized Organization. These are organizations that are
recognized by the Board of Immigration Appeals (BIA). For an organization to
be “recognized,” it must have enough knowledge and experience to provide
services to immigrants, and can charge or accept only very small fees for
those services. For a list of these BIA-recognized organizations, see http://www.usdoj.gov/eoir/statspub/recognitionaccreditationroster.pdf.
• An Accredited Representative. These
are people who are connected to BIA “recognized organizations.” These
representatives can charge or accept only very small fees for their
services. For a list of these BIA-accredited representatives, see
http://www.usdoj.gov/eoir/statspub/accreditedreproster.pdf.
• A Qualified Representative. These
are people who will provide free services. These representatives must know
about immigration law and the rules of practice in court. Examples of
qualified representatives include law school students and graduates and
people with good moral character who have a personal or professional
affiliation with you (relative, neighbor, clergy, co-worker, friend).
• Free Legal Providers. The Office of
the Chief Immigration Judge has a list of recognized free legal service
providers for people who are in immigration proceedings (see
http://www.usdoj.gov/eoir/probono/states.htm). This is a list of
attorneys and organizations that may be willing to represent immigrants in
proceedings before the Immigration Courts. The attorneys and organizations
on this list have agreed to help immigrants pro bono (free of charge) only
in immigration proceedings, so some of them may not be able to help you with
non-court-related matters (that is, visa petitions, naturalization, etc.).
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• Pro Bono Program. Local lists of
recognized pro bono (free of charge) organizations and their representatives
are usually available at each local USCIS office.
IF YOU ARE A VICTIM OF
DOMESTIC ABUSE
If you are a victim of domestic abuse, you can find help through the
National Domestic Violence Hotline at
1-800-799-7233 or 1-800-787-3224
(for hearing impaired). Help is available in Spanish and other
languages.
The Violence Against Women Act allows
abused spouses and children of U.S. citizens and permanent residents to
“self-petition,” or file their own petition to become a permanent
resident. See
http://uscis.gov/graphics/howdoi/battered.htm or call the National
Domestic Violence Hotline for more information. |
Beware of Immigration Consultant Fraud!
Many immigration practitioners are well qualified and honest and can provide
good services to immigrants. However, there are some people who take
advantage of immigrants.
Before you decide to get help with immigration matters, and before you pay
any money, you should do some research so you can make the right decision
about what kind of legal help you need. Protect yourself from becoming a
victim of immigration fraud.
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Here are some things to remember:
• No private organization or person offering help with immigration
issues has a special connection with USCIS.
Ask questions of people who make promises that sound too good to be true or
who claim to have a special relationship with USCIS. Do not trust people who
guarantee results or faster processing. If you are not eligible for an
immigration benefit, using an immigration lawyer or consultant will not
change that.
• Some consultants, travel agencies, real
estate offices, and people called “notaries public” offer immigration
services. Be sure to ask questions about their qualifications and ask to see
copies of their BIA accreditation letter or bar certificate. Some people who
say they are qualified to offer legal services are not. These people can
make mistakes that cause serious problems for you.
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• If you use an immigration consultant or
lawyer, get a written contract. The contract should be in English and in
your own language, if English is not your native language. The contract
should list all services that will be provided to you and how much they
cost. Ask for references before you sign the contract.
• Try to avoid paying
cash for services. Make sure you get a receipt for your payment. Be sure to
keep your original documents.
• Never sign a blank form or application.
Make sure you understand what you are signing.
Get help if an immigration consultant has
cheated you. Call your state or local district attorney, consumer affairs
department, or local police department.
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Consequences of Criminal Behavior for
Permanent Residents
The United States is a law-abiding society. Permanent residents in the United States must
obey all laws. If you are a permanent resident and engage in or are convicted of a crime
in the U.S., you could have serious problems. You could be removed from the
country, not allowed back into the U.S. if you leave the country, and, in
certain circumstances, lose your eligibility for U.S. citizenship. Examples
of crimes that may affect your permanent resident status include:
• A crime defined as an “aggravated felony,”
which includes crimes of violence that are felonies with a 1-year prison
term.
• Murder.
• Terrorist activities.
• Rape.
• Sexual assault on a child.
• Trafficking in drugs, firearms, or people.
• A crime of “moral turpitude,” which in
general is a crime with an intent to steal or defraud; a crime where
physical harm is done or threatened; a crime where serious physical harm is
caused by reckless behavior; or a crime of sexual misconduct.
There are also serious consequences for you
as a permanent resident if you:
• Lie to get immigration benefits for
yourself or someone else.
• Say you are a U.S. citizen if you are not.
• Vote in a federal election or in a local
election open only to U.S. citizens.
• Are a “habitual drunkard”—someone who is
drunk or someone who uses illegal drugs most of the time.
• Are married to more than 1 person at the
same time.
• Fail to support your family or to pay child
or spousal support as ordered.
• Are arrested for assaulting or harassing a
family member, including violating a protection
order. This is called domestic violence.
• Lie to get public benefits.
• Fail to file tax returns when required.
• Willfully fail to register for the
Selective Service if you are a male between the ages of 18 and 26.
If you have committed or have been convicted of a
crime, before you apply for another immigration benefit you should consult
with a reputable immigration lawyer or a community-based organization that
provides legal service to immigrants.
See
Finding Legal
Assistance for more details.
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