Immigration

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How Not To Lose Your Green Card!

So you’ve gone through the (sometimes) long process of getting a green card or permanent resident status in the United States, you have to follow certain procedures to maintain your status. If you ignore these procedures you could lose your status for various reasons. Here are some of the pitfalls that you should avoid:

• Don’t Abandon Your Green Card
Abandoning your green card means ignoring the fact that you are now deemed to be residing in the United States and not spending the required amount of time within the U.S.
o Six Months
The general rule is that you should not spend more than six months outside of the U.S. If you remain outside of the U.S. for more than six months then you must show that you did not intend to abandon your status by presenting your green card upon re-entry and explaining the purpose of your time abroad.
o Twelve Months
The other important rule is that if you are going to spend more than 12 months outside of the U.S. but less than 24 months, then you should first obtain a re-entry permit, Form I-131. Your intent to retain your green card status is evidenced by stating the purpose of your trip abroad, the nature of your employment, links in the U.S. such as real estate, bank accounts, credit cards and immediate family and (most importantly) the filing of an annual tax return with the IRS.
o Twenty Four Months
If you must remain outside the United States for more than 24 months, then you should apply for a Returning Resident Visa at the U.S. Embassy before entering the U.S. (SB-1 Visa)

• Keep Your Green Card Current
If you have had a card for nine and one half years you must apply for a new one since your card lasts for ten years, Form I-90. Alternatively you could apply for Naturalization, which you can do after being a green card holder for five years provided you have fulfilled residency requirements, Form N-400.

• Pay Your Taxes
If you have permanent resident status then you are a resident of the U.S. for tax purposes and you must file an annual return with the Internal Revenue Service. Even if your income is derived from oversees you must file a return stating your income and the source of your income, Form 1040 or 1040EZ.

• Keep Your Address Current
The USCIS must have your current address in their files. Complete a Form AR-11 within 10 days of changing your address and mail it by certified mail to your regional USCIS office.

• Register With the Selective Service
You must register with the Selective Service of you are male and between 18 and 25 years old.

These are just the most basic rules to remember if you do not want to lose your permanent resident status. Of course, you can lose your status through deportation if you are found guilty of a crime by U.S. courts even if the crime is relatively minor, so it is mandatory that you remain within the law in every aspect of your life.