How to Lose U.S. Permanent Residency

Lawful permanent residents (LPRs) in the United States, i.e.,  green card holders, enjoy many benefits and privileges. For instances, they may reside indefinitely, work in the United States, can file immigration petitions on behalf of spouses and unmarried children, may travel outside of the United States, and can receive Social Security benefits upon retirement. While the United States is their home, permanent residents are not exempt from losing their status and becoming subject to removal.

Certain activities can make a green card holder removable from the United States. Here are a few examples:

• Not being eligible for a green card in the first place: Sometimes, a green card applicant should not have gotten his or her green card. Perhaps they committed fraud or USCIS granted their application in error. A green card holder could be placed in removal proceedings if the immigration authorities discover the ineligibility.
• Criminal Convictions: Certain criminal convictions make a green card holder subject to removal from the United States. It is critical that when a noncitizen is charged with any crime, they work with an experienced immigration attorney to understand the collateral consequences of a conviction.
• Abandonment: Staying outside of the United States for too long is also problematic. If a green card holder is abroad for more than six months, they will potentially face more scrutiny at the airport upon returning to the United States and can be deemed to be seeking admission in the United States. After being outside the United States for a year or more, the immigration officers at the port of entry can argue that a green card holder has abandoned her U.S. residency. Furthermore, even if returning within six months, if they are spending the majority of their time abroad, they can be deemed to have abandoned their status. Problems with abandonment can be prevented through securing a re-entry permit when anticipating prolonged international travel.
• False claims to U.S. citizenship: Claiming to be a U.S. citizen in writing or any other way can make a green card holder removable from the United States. A green card holder could make a false claim to citizenship by marking that he or she is a U.S. citizen on employment documents, serving on a jury, or registering to vote or voting (with very limited excepts).

It is important that LPRs educate themselves about the limits of their status, and avoid common pitfalls. Furthermore, because citizenship offers the ultimate protection from removal, eligible LPRs should seek naturalization, through the assistance of an experienced immigration attorney, as soon as they qualify.