Securing a U.S. Green Card—or Lawful Permanent Resident (LPR) status—is a monumental achievement, representing a future of stability and opportunity in America. Many people believe that once they have the card, their status is guaranteed for life. Unfortunately, this is a dangerous misconception.
LPR status comes with responsibilities, and certain avoidable mistakes can put you on the fast track to losing your residency and facing removal proceedings.
Here are three of the most critical and common mistakes Green Card holders make that can lead to the revocation of their permanent resident status.
1. Abandonment: Staying Outside the U.S. for Too Long
Your Green Card signifies your intent to make the United States your permanent home. If you spend too much time abroad, U.S. Customs and Border Protection (CBP) can conclude that you have “abandoned” your residency, even if you never intended to.
The Red Flags:
- Absence of Six Months or More: While an absence of less than six months is generally safe, traveling outside the U.S. for a continuous period of six months to one year raises a serious red flag. CBP officers at the port of entry may question your intent and can refer you for review.
- Absence of One Year or More: Leaving the U.S. for a continuous period of one year or more creates a presumption that you have abandoned your LPR status. At this point, the burden is heavily on you to prove otherwise.
How to Protect Your Status:
- Maintain U.S. Ties: Keep strong ties to the U.S. by keeping a job, owning property, paying U.S. taxes as a resident, maintaining U.S. bank accounts, and having family who reside here.
- Apply for a Re-entry Permit (Form I-131): If you must be out of the country for a year or more, apply for a Re-entry Permit before you leave. This document proves your intent to return and protects your LPR status for up to two years.
2. Criminal Convictions: Thinking Minor Crimes are Harmless
A criminal record is one of the quickest ways to trigger deportation proceedings, even if you have lived in the U.S. for decades. Many LPRs are unaware that certain offenses, even misdemeanors, can have severe immigration consequences that a U.S. citizen would never face.
The Danger Zones:
- Crimes Involving Moral Turpitude (CIMT): These are offenses that violate basic moral standards, such as theft, fraud, assault with intent to harm, or domestic violence. A single CIMT committed within five years of becoming an LPR, or two or more CIMTs at any time, can make you deportable.
- Aggravated Felonies: This broad term, defined in immigration law, includes crimes like murder, rape, drug trafficking, and even certain types of theft or tax evasion with a one-year sentence (even if suspended). A conviction for an aggravated felony is a near-automatic trigger for deportation with very limited defenses.
- Drug Offenses: Any drug-related conviction (except for a single, small-quantity possession of marijuana) can be grounds for removal.
Crucial Advice:
- Consult an Immigration Lawyer Immediately: If you are ever arrested or charged with any crime, do not accept a plea deal until an attorney specializing in crimmigration (the intersection of criminal and immigration law) has reviewed your case. Your criminal defense lawyer may not understand the specific immigration consequences.
3. Failure to Remove Conditions on Residency (Conditional Green Card Holders)
If you obtained your Green Card through marriage to a U.S. citizen and the marriage was less than two years old at the time of approval, you were granted a Conditional Green Card valid for only two years. This status automatically expires if you fail to file the correct petition on time.
The Fatal Error:
- Missing the I-751 Deadline: You and your spouse must file Form I-751, Petition to Remove Conditions on Residence, during the 90-day window immediately preceding the expiration date printed on your conditional Green Card.
- Missing this window means your status automatically expires, and you become subject to removal proceedings. Even if your marriage ended in divorce, you typically must still file the I-751 (with a waiver request) within that same 90-day window.
How to Stay Compliant:
- Mark Your Calendar: Set multiple reminders for the 90-day window before your card expires. This is non-negotiable.
- File Even with Divorce: If your marriage ended, you must still file I-751, but you’ll request a waiver. Consult an attorney to ensure you include sufficient documentation to prove the marriage was genuine when you entered it.
Final Thought: Stay Informed and Seek Help
A U.S. Green Card is a privilege that comes with specific legal obligations. Never assume your status is secure without maintaining continuous U.S. residency, adhering strictly to criminal laws, and meeting all immigration deadlines.
If you are ever unsure about a planned trip abroad, are facing legal trouble, or have approaching deadlines, the best proactive step you can take is to consult with an experienced immigration attorney. Protecting your permanent residency is worth the investment.