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Living in the USA with a Green Card? Know When Your Permanent Residency May Be at Risk

Living in the USA with a Green Card? Learn the key reasons your permanent residency could be at risk, from long absences and tax violations to criminal offenses and immigration fraud. Understand practical steps to safeguard your green card status, official USCIS guidelines, and essential forms to maintain your U.S. residency without hassle.

By Anthony Lane
Published on

Living in the USA with a Green Card – Holding a U.S. Green Card (Permanent Resident Card) opens doors to a secure future in the United States. However, your permanent residency can be revoked under specific conditions, often unintentionally.

Living in the USA with a Green Card? Know When Your Permanent Residency May Be at Risk
Living in the USA with a Green Card? Know When Your Permanent Residency May Be at Risk

Whether you’re a new immigrant or a long-time green card holder, it’s crucial to understand when your permanent residency may be at risk, how to avoid common mistakes, and how to protect your status.

Living in the USA with a Green Card

Key InformationDetails
Common Risks CoveredAbandonment of residency, criminal convictions, tax violations, fraud, failure to remove conditions, national security risks
Key Travel LimitAbsence >12 months without a re-entry permit = possible loss of status (USCIS Source)
Common Offenses Leading to DeportationAggravated felonies, drug offenses, moral turpitude crimes, domestic violence
Tax RequirementMust file U.S. tax returns as a resident
Important USCIS FormsForm I-90, Form I-131, Form I-751, Form AR-11
Key ResourceUSCIS Green Card Maintenance

Being a Green Card holder is a privilege that requires vigilance. Awareness of the actions and situations that can put your residency at risk is key to protecting your future. Whether it’s keeping travel minimal, paying taxes correctly, or ensuring no legal troubles—staying informed is your strongest defense.

What is a Green Card, and Why Is It Important?

A Green Card provides you the right to live and work permanently in the U.S. It can also pave the path to U.S. citizenship. However, it’s not an unconditional status—it requires compliance with immigration laws and active maintenance.

Top Reasons Your Green Card May Be at Risk

1. Abandoning U.S. Residency

Staying outside the U.S. for over 12 months without a Re-entry Permit (Form I-131) can be seen as abandonment.

Risk: Denial of re-entry
Solution: Apply for a Re-entry Permit if staying abroad over 12 months.

2. Criminal Convictions

Certain crimes can make you deportable even if you hold a green card:

  • Aggravated felonies
  • Drug trafficking
  • Domestic violence
  • Crimes of moral turpitude (fraud, theft, etc.)

Consult an immigration attorney immediately if you face charges.

3. Failing to File U.S. Taxes or Claiming Non-Resident Status

Green card holders must file U.S. taxes as residents. Filing as a non-resident or not filing can signal abandonment of residency.

4. Immigration Fraud or Misrepresentation

Providing false information or fake documents during immigration processes can lead to green card revocation (e.g., fake marriages, fraud).

5. Failure to Remove Conditions on Residence

Conditional Green Card holders (marriage-based or entrepreneur-based) must file Form I-751 (marriage) or Form I-829 (investment) before the 2-year card expires.

6. National Security Violations

Involvement in espionage, terrorism, or organizations harmful to U.S. interests leads to immediate deportation.

Consequences of Green Card Revocation

Losing your permanent residency status can have severe consequences:

  • Inability to Re-Enter the U.S.
  • Loss of Employment
  • Family Separation
  • Loss of Eligibility for Naturalization
  • Barred Re-Entry or Immigration Bans

What to Do If You’re Placed in Removal Proceedings?

  1. Hire an experienced immigration attorney immediately.
  2. Understand your rights.
  3. Explore relief options:
    • Cancellation of Removal
    • Waivers (I-601)
    • Adjustment of Status
  4. Attend all immigration court hearings.
  5. Appeal unfavorable decisions if eligible.

Green Card Renewal and Expiration: What You Need to Know

Expired Green Card ≠ Expired Residency Status:
Your status remains valid, but an expired card may:

  • Affect re-entry at ports
  • Limit job opportunities
  • Cause issues with driver’s licenses

Solution: File Form I-90 to renew before expiration.

Special Considerations for Conditional Green Card Holders

  1. Marriage-Based:
    Must prove marriage legitimacy when filing Form I-751.
  2. Entrepreneur-Based (EB-5):
    Must submit Form I-829 with proof of sustained investment and job creation.

How Travel Patterns Impact Naturalization?

For citizenship:

  • Must show continuous residence (typically 30 months in the U.S. out of the last 5 years).
  • Long absences (over 6 months) may break continuous residence.

Quick Checklist: Do’s and Don’ts for Green Card Holders

Do’sDon’ts
File U.S. taxes as a residentAvoid declaring yourself as a non-resident
Limit time outside the U.S. (≤6 months ideally)Don’t stay abroad over 12 months without a Re-entry Permit
Keep criminal record cleanAvoid crimes that could lead to deportation
Update address (Form AR-11 within 10 days)Don’t ignore USCIS communications
Renew green card timely (Form I-90)Don’t let the green card expire
Remove conditions before expiration (I-751/I-829)Don’t forget deadlines if holding a conditional green card

Key USCIS Forms for Green Card Holders

FormPurpose
Form I-90Green Card Renewal/Replacement
Form I-131Application for Re-entry Permit
Form I-751Petition to Remove Conditions on Residence (Marriage-Based)
Form I-829Petition to Remove Conditions on Residence (Entrepreneur-Based)
Form AR-11Change of Address Notification
Form N-400Application for Naturalizatio

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FAQs

1. What happens if my Green Card expires?
You retain permanent residency, but renewing your card is necessary for employment and travel.

2. Is short travel (under 6 months) risky?
Generally, no. However, frequent short trips may still raise questions about your intent to reside.

3. Can a DUI affect my green card status?
Yes, especially if it’s part of a pattern of criminal behavior. Always seek legal guidance.

4. How can I prove continuous residence for citizenship?
Maintain employment, lease agreements, bank records, and U.S. address throughout your time in the U.S.

Author
Anthony Lane
I’m a finance news writer for UPExcisePortal.in, passionate about simplifying complex economic trends, market updates, and investment strategies for readers. My goal is to provide clear and actionable insights that help you stay informed and make smarter financial decisions. Thank you for reading, and I hope you find my articles valuable!

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