While permanent resident status is typically considered permanent, it is not as guaranteed as some people may believe. The U.S. government can revoke your green card for a variety of reasons. There are many different ways a legal permanent resident (LPR) can lose their green card.
Here are the top 5 ways LPRs can lose their green card.
1. Residing outside the U.S. for more than 12 months
Unless you have a re-entry permit, LPRs who reside outside of the U.S. for more than 12 months may be considered to have abandoned their permanent resident status. The burden will be up to you to prove you have retained your ties to the United States.
2. Voluntarily surrendering your green card
LPRs can voluntarily surrender their green card by filing Form I-407, Record of Abandonment of Lawful Permanent Resident Status. This is a relatively rare occurrence, but it can happen if an LPR decides to return to their home country or if they are no longer interested in living in the U.S.
3. Engaging in fraud or willful misrepresentation
If an LPR is found to have committed fraud or willful misrepresentation on their immigration application or during the immigration process, they may lose their green card. This can include things like marriage fraud, providing false information, using fake documents or hiding relevant information.
4. Being convicted of a crime
LPRs who are convicted of certain crimes may lose their green card. These crimes vary depending on the severity of the offense, but they can include things like drug trafficking, violent crimes and crimes involving moral turpitude.
5. Failing to remove conditions on residence
Some LPRs are granted conditional permanent residency, which means that their green card is valid for only two years. To remove the conditions on their residence, they must file a petition with USCIS within 90 days of their green card expiring. If they fail to do so, they may lose their green card.
This is not an exhaustive list and there are other ways to lose your green card.
If you are concerned about losing your green card, you should consult with an experienced immigration attorney. An attorney can advise you on your specific situation and help you to take steps to protect your immigration status.
If you need help sponsoring a sibling or other family member for a green card, call an experienced green card lawyer. United States immigration laws are complex and are updated frequently. If you have a question about immigration, contact Mario Godoy and the immigration attorneys at Godoy Law Office in Chicago, Illinois at 630-345-4164.
AREAS WE SERVE: Godoy Law Office has 3 offices in the Chicago, Illinois area and helps clients in all 50 states.