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Posted
Dec 22, 2003
As a
permanent resident of the United States, one has certain privileges as well
as obligations. It is important to understand the rules connected with this
status in order to remain in good standing. This is particularly true for
those whose ultimate goal is to attain U.S. citizenship. In this article, we
explain some of the limitations and restrictions on travel abroad, and the
immigration consequences of certain criminal involvement, as well as
obligations regarding address-change notification and selective service
registration.
While our articles provide a good overview of these issues, anyone with
complications or legal questions should
consult
with an experienced immigration attorney.
Travel
Travel abroad, for those who have newly received their permanent residency,
is frequently a goal since some have postponed foreign travel for years.
While it is possible to travel quite freely using the green card, there are
some restrictions. The key issue is that it is necessary to continue to
permanently reside in the U.S. Otherwise one may run the risk of no longer
being considered a permanent resident. Individuals who travel for extended
periods may be regarded as having abandoned their permanent resident status.
While the I-551 card or green card is the proper document for reentry after
an absence of less than a year, permission to reenter is not guaranteed. The
green card is only appropriate for entry if the individual has not abandoned
permanent residence. The legal requirement is that the absence must be for
less than a year and the person must be returning to an un-relinquished,
lawful permanent residence after a temporary absence. A Bureau of Customs
and Border Protection (CBP) officer makes the determination as to
abandonment at the port of entry. The CBP officer will consider many
factors, including ongoing ties to the U.S., reasons for any prior absences,
and duration of those earlier absences from the U.S. This important issue
was covered in our article,
Immigration Rumor :
Travel by Permanent Resident, available on MurthyDotCom.
Those who run afoul of these provisions may be found to have abandoned their
permanent resident status. The green card could be confiscated, and the
individual very well could be turned back at the airport or other port of
entry.
For individuals who need or want to leave the United States for an extended
period of up to two years, it is necessary to obtain a reentry permit. This
permit often establishes permission to reenter the U.S. to resume
un-relinquished residence. This works well for individuals who wish to work
or study abroad, visit or care for family for long periods, take care of
financial matters or property dispositions, or otherwise explore the world
for more than a year. It is important to read our most recent
MurthyDotCom article on this topic,
Reentry Permit Alone Insufficient to Retain Green Card Status.
Also available on this subject are,
Reentry Permit
for Travel and Application for Travel
Document.
Crimes
Permanent resident status may also be lost by committing certain crimes.
Permanent residents remain subject to removal from the United States. There
are a number of possible crime-related grounds for removal. These include:
commission of a crime of moral turpitude within five years of admission, if
the possible sentence is one year or more; commission of two or more crimes
of moral turpitude not arising from the same scheme of misconduct;
aggravated felonies; controlled substance violations; firearms violations;
and domestic violence crimes. This is a complex area of immigration law. Any
permanent resident who is arrested for ANY reason should seek immigration
advice from an attorney experienced in this area of the law prior to making
decisions on how to proceed with the criminal case.
The safest approach is to simply avoid anything that may be construed as
criminal activity. Sometimes one is not in full control of a situation. The
most common issues that arise for otherwise law-abiding individuals are
drunk driving, assault (domestic or otherwise), and shoplifting.
Drunk-driving laws in most parts of the United States are quite strict. The
alcohol levels needed for a criminal charge vary from state to state. Even a
small amount of alcohol consumption prior to driving can result in a
criminal charge in many states. Assaults often arise in a domestic context.
While in some cultures it may be acceptable to hit one's spouse, this is a
crime in the U.S., and it is taken very seriously under immigration law.
Assaults also arise in "barroom brawl" situations, as well as during heated
sporting contests (on and off the playing field). Each particular charge
carries a slightly different analysis depending upon the facts and laws
specific to that state. We have a detailed article on the all-too-common
problem of shoplifting, Beware : Serious
Immigration Consequences of Shoplifting, available on
MurthyDotCom. The best recommendation we can give on this issue is to
simply be careful. All merchandise should be kept in the cart, shopping
basket, or clearly in one's hands. Nothing that has not been purchased
should go in one's pockets, handbag, or appear to be concealed in any
fashion. We also advise people to choose their friends and roommates
carefully. Stay clear of anyone who may be involved in any criminal
activity. This is particularly important for roommates, as they may possess
illegal substances or engage in criminal activity in the home, which will
cast suspicion on all residents of the house or apartment.
Criminal activity can be a particular problem for teenage and college-age
children. They may make mistakes that would be handled as a family matter,
if they were U.S. citizens. As permanent residents, "youthful error" takes
on a much more serious implication. This is one reason
for parents to pursue naturalization. It may confer U.S. citizenship
upon the children and offer them limited protection if they run afoul of the
law.
Address Changes
Permanent residents must continue to advise the U.S. Bureau of Citizenship
and Immigration Services (USCIS) of any address change within ten days using
Form AR-11. Failure to file the form within ten days of moving is
technically a removable offense. Each family member must file his or her own
form. We recommend filing by certified or other traceable mail.
MurthyDotCom carries a number of articles on this topic, including our
October 18, 2002 MurthyBulletin article,
INS Provides Information on Address Change Requirements.
Selective Service Registration
Male permanent residents, ages 18 to 25 must register for Selective Service.
Intentional failure to comply with this requirement can prevent an
individual from becoming a U.S. citizen. Details on Selective Service
requirements can be found in our August 1, 2003 MurthyBulletin
article, Selective Service Registration
Requirement, available on MurthyDotCom.
Citizenship
Many permanent residents have naturalization as a long-term goal. Please
review our articles setting forth the requirements, as well as the benefits,
in detail. See, Benefits of Becoming a U.S.
Citizen and Basic Eligibility Requirements
for Naturalization, also available on MurthyDotCom. The most
common question is when to file. The general rule is that individuals must
be permanent residents for five years prior to filing. The cases may be
filed 90 days in advance of the five-year point. Individuals who are married
to U.S. citizens may be eligible to file after three years, if they have not
divorced. They may also enjoy the benefit of the 90-day rule.
Requirements of good moral character and physical presence, which are
separate from the travel issues discussed above, are the most important
factors of which to be aware in terms of naturalization eligibility. There
are three physical presence requirements. First, the individual must be
physically present for at least one half of the applicable five- or
three-year period. This is measured in terms of days in the United States.
Second, any break of one year or more in physical presence is deemed to
break the continuity of residence automatically. Persons with reentry
permits are not protected from this requirement. If a break of a year or
more occurs, the earliest possible naturalization filing would be four years
and a day from reentry. (This rule cannot be combined with the 90-day rule
mentioned above). Third, departures from the U.S. in excess of 180 days are
presumed to break the continuity of residence. This is a rebuttable
presumption, which potentially can be overcome by appropriate evidence
regarding the reason for travel and ongoing ties to the U.S. The safest
approach is to plan any trips around these requirements and make sure one
returns prior to the 180-day point.
Good moral character includes a review of any criminal activity. Persons
with a criminal background should discuss their cases with an attorney. Good
moral character also includes filing and paying all required income taxes
and supporting children and spouses. People who have minor children who do
not reside with them will need to show proof of support. This can be
difficult if there are informal arrangements for providing care for
children. It is necessary to document all transfers of funds to the parent
or guardian caring for the children, as well as purchases of gifts and other
in-kind support provided. If the children spend part of the year with the
parent applicant, this should be documented as a form of support.
It is also important to understand that the green card approval will be
reviewed at the time of the naturalization interview. For employment-based
cases, this means inquiries into how long the individual worked for the
employer after obtaining the green card. If the period is extremely short,
there may be questions about the bona fide nature of the green card process.
The same is true of marriage-based green cards. If the couple is no longer
married, there will be questions about the duration of the marriage and the
reason for the break-up. While there is no set amount of time that one must
continue to work for the sponsoring employer, many lawyers believe that one
year is a safe timeframe and that six months is the minimum period. For
shorter timeframes, there must be a satisfactory explanation for the
departure. Some explanations may be considered completely plausible while
others are not. These issues should be explored with an attorney prior to
the interview.
Other articles available on MurthyDotCom, which may prove helpful for
permanent residents, are:
These,
and other articles in the Green Card section of
MurthyDotCom, are intended to provide recent permanent residents and
those still waiting for some good news on their green card cases with the
understanding that, though the long-awaited for green card is in hand, a
sigh of relief and freedom from close scrutiny is not assured until
naturalization is complete and one has become a U.S. citizen.
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FIRM. All Rights Reserved
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