The basic rule is that you cannot submit your Form N-400 to apply for U.S. citizenship (or apply to naturalize) until you have lived in the United States as a lawful permanent resident for at least five years. That means exactly five years, to the day. For example, if you were approved for permanent residence on August 17, 2019, you would be eligible for citizenship on August 17, 2024. Check your green card (permanent resident card) for the exact date on which you became a permanent resident.
If you start out as a conditional rather than a permanent resident (most likely because you got your residence either through recent marriage to a U.S. citizen or through an investor visa), your two years as a conditional resident count as permanent residence, on one condition: You must successfully become a permanent resident at the end of those two years. (You might be able to apply before that approval comes through, however, as described in Conditional Resident Awaiting I-751 Approval? Consider Filing N-400 for Naturalization.
Any one of several exceptions could, however, reduce the amount of time you must wait. Keep reading for a rundown on these exceptions—or at least the ones that apply to civilians. If you are a member of, or relative of someone who has been with the U.S. Armed Forces, see U.S. Citizenship Application Rights for Military Members and Veterans.
Despite the five years of permanent residence requirement, you are actually allowed to submit your naturalization application to USCIS within the 90-days before your five-year anniversary has arrived. The reason has to do with timing.
Your application must be submitted by mail, using a form provided by USCIS called an "N-400." USCIS will inevitably take a long time to process the N-400, to arrange for you to be fingerprinted, and to call you in for the interview at which it actually reviews your application, tests you on your knowledge of English and U.S. government, and makes a decision on whether to approve or deny you.
In fact, even under normal scheduling, USCIS will in all likelihood take at least 90 days to call you in for your interview, which is why it has officially said that you are safe applying within that time period.
Be sure not to apply any earlier than 90 days before you're eligible, however, or USCIS will return your application. See its Early Filing Calculator for help with the exact date.
You need to wait a mere three years to apply for U.S. citizenship if, during that time, you have been a permanent (or conditional) resident married to, as well as living with, a U.S. citizen. (See the Immigration and Nationality Act at I.N.A. Section 319(a) or 8 U.S.C. Section 1430(a).) You will need to provide proof that you qualify along with your application.
This exception applies even if you did not get your green card through this marriage. So, for example, you could have gotten a green card through your employer, then married a U.S. citizen soon after, and could still count only three years from the date of your marriage before applying for citizenship.
You will, however, need to stay married to your U.S. citizen spouse all the way past your citizenship interview and approval, and through your swearing in as a U.S. citizen (at the oath ceremony). The exception won't work if you separate or divorce legally prior to being sworn in as a citizen, or even if you choose to stop living with your spouse.
Nevertheless, if the U.S. citizen spouse became abusive, see the next section; you might be able to use the three-year rule after all.
Unfortunately, you will also lose the exception if your spouse dies before your naturalization interview.
Congress didn't want immigrants to have to stay in an abusive marriage for three years just to obtain the benefit of the three-year exception when they applied for U.S. citizenship. So it created an exception for people who got their green cards through marriage to a U.S. citizen, but based on a VAWA self-petition on Form I-360 or a VAWA-based abuse waiver in applying to go from conditional to permanent residence on Form I-751. If you meet the criteria described in When VAWA Green Card Holders Can Apply for U.S. Citizenship (Naturalization), you can apply for U.S. citizenship using the three-year exception.
Children can also use this exception, although they must still reach age 18 before submitting their application for citizenship.
If you got your green card based on having come to the United States as a refugee, part of your time as a refugee can be counted as if you were a permanent resident (known as "rollback").
If you were granted refugee status while you were in another country, use the date you entered the United States as the beginning of your permanent residence. No matter how many years you lived in the United States as a refugee before eventually becoming a permanent resident, those years will count as if you had been a permanent resident the whole time for purposes of calculating when you can apply for naturalized citizenship. (See U.S. Code of Federal Regulations at 8 C.F.R. § 209.1(e).)
If you obtained your green card through the Liberian Refugee Immigration Fairness Act (LRIF), you will also benefit from rollback. Check your green card for the date that USCIS recorded your admission as a lawful permanent resident.
If you were the principal applicant, USCIS will records your date of admission as either your earliest arrival date to the U.S. or November 20, 2014, if you can't show an exact arrival date. If you are the family member of a principal applicant, USCIS will record your date of admission as either your earliest arrival date to the U.S. or the date it received your adjustment of status application (Form I-485).
If you got your green card based on having received asylum in the United States, one year of your time as an asylee counts as if you were a permanent resident (known as "rollback").
Note, however, that if you waited longer than one year after receiving asylum to apply for your green card, that extra time will not be counted toward your permanent residency period. You will have to wait a full four years from the actual date when you're approved for a green card.
And, somewhat confusingly, you will need to wait a full five years from the date your green card says you became a permanent resident. That's because USCIS will automatically backdate your permanent residence approval date on your green card by one year, in recognition of your rollback rights. (See the U.S. Code of Federal Regulations 8 C.F.R. § 209.2(f).)
If your spouse has a job requiring the two of you to live overseas, you may be able to apply for citizenship without five years of permanent residence. If you are willing to come back to the United States to apply, you can file your application any time after you receive your permanent residence.
There are a number of limitations on who can use this provision. You must be regularly stationed abroad due to your spouse's employment. You also must declare an intention to live in the United States when your spouse's employment ends. And finally, your spouse's employer must be either:
A final note of caution: Even if you have spent the required amount of time with a green card, you might need to wait longer before applying for U.S. citizenship if you either:
And if you haven't yet learned enough English to pass the exam you'll be given on this topic, or studied the required U.S. civics and history questions that you'll also be tested on, be sure to work on that before submitting your citizenship application.
For more about the rules and exceptions described above, including tips on how to prove you qualify for one of the exceptions, see the book Becoming a U.S. Citizen: A Guide to the Law, Exam, & Interview, by Ilona Bray (Nolo). If you would like a personal analysis of your situation, consult an experienced immigration attorney.
]]>By itself, a conviction for a single DUI (driving under the influence) or DWI (driving while intoxicated) does not usually cause immigration problems for green card holders.
Nevertheless, it would be worth checking in with an experienced immigration attorney, because any issue that involves the overlay between criminal and immigration laws gets complicated fast, and the stakes are high. If you have more than one DUI conviction, or if aggravating factors were present in your case (someone was injured, or you were driving with a suspended license, or there was a child in the car, for instance), then the consequences could be more serious.
Any time a green card holder commits a crime, it raises two questions:
"Inadmissibility" refers to a list of reasons within U.S. immigration law that a foreign national can be barred from entry to the United States. (See Section 212 of the Immigration and Nationality Act or I.N.A.) Your original application for a green card was approved only because you were found not to be "inadmissible" (unless you got a waiver of a ground of inadmissibility).
As a green card holder, your request to reenter the U.S. will be tested against the grounds of inadmissibility if you either stayed out of the country for 180 days or more, committed a crime before you left the U.S., or committed a crime while you were away. The relevant criminal grounds of inadmissibility most likely to block a person's right to reentry are:
Upon return to the U.S., the Customs and Border Protection (CBP) officer who greets you will run your fingerprints through various law enforcement databases. If the search turns up information indicating that one of these grounds of inadmissibility applies to you, the officer could put you into "secondary inspection" and you could ultimately be denied reentry to the United States.
For more information on what happens at the border when you return to the U.S. after a criminal conviction, see Can a Green Card Holder With a Criminal Conviction Travel Outside the U.S.?
U.S. immigration law also contains a list of grounds of "deportability," which apply to green card holders. (See I.N.A. § 237.) If something on this list matches you, you can be placed into immigration court (removal) proceedings and ultimately deported from the U.S. even if you haven't taken a trip and tried to return.
Your travel, however, raises the chances that your file will be looked at and your deportability discovered and acted upon. With an order of deportation on your record, you will be barred from returning to the U.S. for many years.
For a person with a DUI on record, the grounds of deportability to worry about include convictions for:
If you are found to be possibly deportable upon return to the U.S., you could be ordered to attend immigration court proceedings for possible removal from the United States.
Although a DUI is not a complete bar to naturalization (applying for U.S. citizenship), it can become a problem for the requirement that an applicant show “good moral character.” For more on how DUIs can affect an application for naturalization, see Got a DUI: Can I File Form N-400 for U.S. Citizenship?
If you have been arrested for a DUI or anything else, definitely contact a criminal attorney as well as an experienced immigration attorney to discuss your potential options to protect you against deportation or other negative immigration consequences.
]]>If you are not in the United States legally, you could have difficulty obtaining such identification. If you are a lawful permanent resident of the U.S. (a "green card" holder) and you don't yet have identification like a driver's license or state ID card, however, you can apply for one by showing your green card.
If you are a lawful permanent resident considering applying for a medical marijuana card, you should know the possible consequences if federal authorities find out. As discussed below, you:
This article discusses the consequences of marijuana use for permanent residents. If you are not a permanent resident, you still risk (deportation as discussed below), and you should also consider the effect on your future visa eligibility. For more on marijuana use and inadmissibility, see Will Legal Use of Marijuana Make Applicant for Immigration Benefits Inadmissible?
Just because your state's has legalized medical marijuana does not mean there is no risk to your lawful permanent resident status if you do so. This is because your immigration status is a federal matter, governed by federal law, which makes any marijuana use illegal in the eyes of the federal government.
So, even though your state might not convict you for using marijuana for medical purposes, the federal government can, and sometimes does.
Green card holders convicted of a violation of a federal law relating to marijuana (other than a single offense involving possession for their own use of 30 grams or less) are deportable. You're also deportable if you are a "drug abuser or addict." It's possible that the U.S. government will allege that your medical use of marijuana constitutes abuse or addiction.
Also, conviction of certain crimes involving "moral turpitude" can get you deported. That's a fuzzy term under U.S. immigration law, and you can't be sure what a court will say. However, possession of marijuana for personal use is likely not a crime involving moral turpitude. Growing marijuana for a medical purpose likely wouldn't be, either. For more information, see Crimes That Will Make an Immigrant Deportable.
Even if U.S. immigration authorities don't take immediate steps to deport you, they will raise questions about drug use if and when you apply for U.S. citizenship, at which time USCIS could deny your application or take steps to deport you.
If you're a green card holder who wants to travel outside the U.S., your medical use of marijuana could cause you problems getting back in and staying in the United States. This is because the U.S. Customs and Border Protection (CBP) officer at the border could treat you as an "arriving alien" who must be "admissible" in order to enter the United States.
As a green card holder, you're not always considered an arriving alien when returning after foreign travel. However, you could be considered an “inadmissible arriving alien” if you have been convicted of a federal crime relating to marijuana—or even if you admit to past marijuana use, regardless of whether it was in the state where you used it. (Carrying a medical marijuana card in your wallet is a sure tipoff.)
You also have to be concerned with anything you've done that would give the U.S. government reason to believe you're a marijuana "trafficker," or dealer. This might include admitting that you work for a legal dispensary or grower.
If the U.S. government determines that you are an inadmissible arriving alien, you will most likely be let back into the U.S. temporarily, and the U.S. government will begin deportation (removal) proceedings against you. You might be eligible for a "waiver" of your inadmissibility if your crime is a single offense of simple possession of 30 grams or less of marijuana. If that does not apply to your situation, a good lawyer might be able to find other grounds upon which to apply for a waiver, depending on your circumstances. Ultimately, though, the best way to avoid deportation for marijuana is to avoid giving the U.S, government any reason to believe you have violated federal drug laws.
Talk to an experienced attorney for a full analysis of your situation, particularly if you plan to travel outside the United States. And if you are arrested and placed into immigration court proceedings, getting an attorney's help will be crucial.
]]>Immigrants who are 18 or older are required by law to carry their green card with them at all times. (See Section 264(e) of the Immigration and Nationality Act (I.N.A.).) It is considered official evidence of your LPR status, which you might need to show to U.S. immigration authorities.
If you, for example, decide to carry a copy of your green card instead of the original because you want to keep the original safe, you will be violating the law.
In some situations, people do not yet have their green card, but are already LPRs. For example, when somebody first arrives in the U.S. with an immigrant visa, they first receive an “I-551 stamp” in their passport. Weeks later, they receive the actual green card in the mail. In the time before receiving the green card in the mail, the LPR would have to carry the passport “at all times” in order to avoid breaking the law.
Failing to have your green card with you is a criminal misdemeanor. If you are found guilty you can be fined up to $100 and put in jail for up to 30 days. (I.N.A. Section 264(e), 8 U.S.C. Section 1304.) A copy of your green card is not good enough, because the law does not use the word “copy” or refer to “other evidence” of LPR status.
Will you actually be stopped by U.S. immigration authorities, prosecuted and fined or jailed for not having your original green card with you? It's unlikely. Like any other government agency, immigration authorities have limited resources and cannot spend precious government time and money on prosecuting people for not carrying their green card “at all times.”
But there have been cases where LPRs are detained or arrested during workplace enforcement actions for not having their green card on them. So to be on the safe side, and obey the law, you should actually carry your green card with you everywhere you go. And if you will be traveling internationally, you should take your original green card with you to board a plane or boat back to the U.S. and to reenter the U.S. as an LPR. (But definitely leave a copy at home, in a safe place.)
If your green card doesn't arrive when it should, check with USCIS's Contact Center (and be prepared to spend a long time navigating their phone tree, then waiting for a return call). For more serious immigration issues, contact an experienced immigration attorney.
]]>First off, it’s a good idea to request a new green card instead of just trying to get by with the one containing the error. It’s important that the biographic information on your green card, passport, and any other current identity documents match up, so that you don’t encounter any issues when traveling in and out of the United States or present these documents to complete your paperwork at a new job, for example.
In order to request a corrected card, you must complete and submit a USCIS Form I-90, which can be easily downloaded from the agency's website, or there's an option to file online after creating a USCIS account.
Before completing the Form I-90, you should figure out whether you (or the person who helped you fill out the forms and submit the lawful permanent residence or "LPR" application) made the mistake, or whether the government (the Department of Homeland Security or DHS, or USCIS) is at fault in having made the error that appears on your card.
If it’s your name that is misspelled for example, review your application for lawful permanent resident status. Is your name spelled correctly on the forms and identity documents you submitted? If the information you provided was correct, then USCIS is clearly responsible for the error, and you need not pay a fee when you file the Form I-90.
If, however, you cannot attribute the mistake to USCIS, then you will have to pay the filing fee.
Some cases aren't entirely clearcut as to whose error it was, however. As a practical matter, if you received your green card via adjustment of status and realize that you made a mistake filling out Form I-485 (say you left out a letter of your name by accident) but all the identity documents you submitted in support of your LPR application had your name spelled correctly, you can argue that you provided USCIS with the correct information even though your green card has your name as you misspelled it on the form. You would want to attach copies of the documents you submitted with the LPR application, like your birth certificate and passport, showing your correct name, and attach a letter that explains that they were part of your original LPR application and therefore you had provided USCIS with the correct information.
When completing Form I-90 to request a corrected card, Part 2 of the form can be slightly confusing. (We're referring to the 2/27/2017 version of the form, which was supposed to expire on in 2019, but was still in use in early 2024.)
First, note that if you are a permanent resident, you will complete Part 2, Section A. If you are a conditional resident (with a green card that expires in two years), however, you will complete Part 2, Section B. (For more information, see Why Some Marriage-Based Green Cards Are "Conditional".)
If you are an LPR and USCIS made the mistake on your card, check Part 2, box 2d: “My existing card has incorrect data because of Department of Homeland Security (DHS) error.”
If you are a conditional resident and USCIS made the mistake on your card, check Part 2, box 3d: “My existing card has incorrect data because of DHS error.”
USCIS requests that you attach your original card when filing Form I-90 to obtain a corrected card based on its error. In addition, the instructions request that you submit proof of your correct name and biographical data even if this information was previously submitted with your LPR application.
You might want to explain in a cover letter that you provided the correct information to USCIS with your LPR application and that you are including copies of the documents you previously submitted with that application.
Again, there is no filing fee for filing Form I-90 in cases where the U.S. government, not you or your document preparer, was the source of the error.
When completing I-90 when USCIS was not responsible for the error on your card, you’ll want to fill out Part 2, Section A or B of the form as follows:
If you are an LPR, check box 2e of Part 2, Section A: “My name or other biographic information has been legally changed since issuance of my existing card.”
If you are a conditional resident, check box 3e in Section B: “My name or other biographic information has been legally changed since issuance of my existing card.”
Attach proof of your correct biographical information, such as copies of the original court order reflecting your new name, your marriage certificate, divorce certificate, or other relevant court orders or identity documents. If the new documents might lead USCIS to wonder why you didn’t submit them with the original application, or other such complications, by all means consult with an attorney before submitting this application.
When filing Form I-90 based on an error not caused by DHS or USCIS, you must include the correct filing fees. The current filing fee for Form I-90 can be found on the I-90 page of the USCIS website.
]]>This article will explain how to fill out the version of Form I-90 issued by U.S. Citizenship and Immigration Services on 2/27/2017, supposedly set to expire on 7/31/2019 (though still in use in early 2024). It is available for free download on the I-90 page of its website.
U.S. green cards expire every ten years. It’s best to plan ahead and apply for renewal when that expiration date on your green card is six months into the future. If that date has already passed, don’t panic. You are still a permanent resident, and the receipt notice USCIS mails you after you submit the I-90 will automatically extend your status for a period of months. But apply as soon as possible nonetheless, since USCIS is extremely backed up.
In fact, although USCIS's normal extension period was 12 months for many years, it changed this to 24 months in late 2022 in light of its extraordinarily long processing times.
(The only people who should panic at seeing a passed expiration date on their card are “conditional residents,” whose green cards show a two-year expiration date. Their status really does expire at the end of the two years, unless they take steps to become conditional residents, as explained in Marriage-Based Conditional Residents: When and How to Apply for a Permanent Green Card and EB-5 Investor Visa.
Now let's look at the various questions on Form I-90 (the 2017 version).
Part I. Information About You. This opening section is largely self explanatory. First, you will need to enter your A number (found on your green card and previous immigration paperwork), your USCIS online account number (don't worry if you don't have one; many people don't), and your full name.
Don't neglect to mention any name changes since getting your green card. This is important so that USCIS can both check your immigration records and enter the correct name on your new card. You’ll also need to attach evidence of any name changes since you received your green card, such as a court order or, if your name change was the result of marriage or divorce, the certificate or decree showing this.
Question 6 asks for your mailing address. If you don’t have a stable address or don’t trust the mail delivery there, you can have USCIS send correspondence to you in care of someone else. That person’s name should go on line 6.a. But if you choose that option, you will need to put the address of the actual place where you live in Question 7. (If you simply put your home address in Question 6, you can leave Question 7 blank.)
For Question 14, “Class of Admission” you will need to enter the type of visa or remedy through which you got your permanent residence. It’s easiest to use the code for this; you will find yours listed under "Category" if you have a current-style green card. Some common codes include “AS6” for asylee; "IR1" for the spouse of a U.S. citizen; "DV1" for diversity visa lottery immigrants; "E11" for priority workers with extraordinary ability; “E21” for a professional holding an advanced degree or of exceptional ability; “E31” for a skilled worker;” "IR2" for the child of a U.S. citizen; "RE" (plus a number) for various types of refugees; and so on.
Question 15, "Date of Admission," asks for the date when you were approved for U.S. permanent residence or entered the U.S. on an immigrant visa. Check your green card for this date, under "Resident Since."
Part 2: Application Type. In Question 1, you need to check a box stating whether you either are a lawful permanent resident (the regular sort, covered in Section A of the form), a permanent resident in commuter status (meaning you live on near the U.S. border in either Canada or Mexico, but have a special green card allowing travel back and forth; also covered in Section A of the form), or a conditional resident (in which case you need to go to Section B of the form, which offers a shorter list of choices, reflecting the fact that you cannot use this form to deal with the expiration of your card).
Whether you use Section A or B, pick one and only one box, to tell USCIS why you need a new card. Also note that the category you choose will determine what documents you need to include with your application, which documents are described in USCIS’s instructions for the form.
For instance, if you were to choose Section A, Item 2.h.2, “I am a commuter who is taking up actual residence in the United States,” the instructions would tell you that you need to provide proof of your U.S. address and will explain what types of documents will work for this.
Part 3: Processing Information. This asks various questions about your receipt of U.S. residence.
Question 1 asks where you applied for an immigrant visa or adjustment of status. This refers to either the U.S. consulate or USCIS office in the U.S. where you were approved for a green card. Your answer to Question 2 is likely to be the same as to Question 1.
Question 3.a asks where in the U.S. you were heading when you applied for your green card. So, for instance, if you came from China, landed in San Francisco, and gave the officer an address in Vallejo, California, you would put Vallejo, California here.
Question 3.a.1 asks about the port of entry where you arrived after receiving your immigrant visa. So if you were approved for a visa in China but your plane landed in San Francisco, you would enter San Francisco here.
Question 4 asks whether you have ever been in proceedings in immigration court. Green card holders can be deported from the U.S. for various reasons, such as commission of crimes, as described in Grounds of Deportability: When Legal U.S. Residents Can Be Removed. Presumably you have regained a right to U.S. residency, or you should not be filling out this form (at least, not without an attorney's guidance).
If your answer is yes to Question 5, which seeks to find out whether you have abandoned your U.S. residence by making your home in another country, you should absolutely see an experienced immigration attorney before continuing with your I-90 application. (See Keeping Your Green Card After You Get It for more information on abandonment of residence.)
The Biographic Information portion should be self-explanatory. Just make sure your answers are consistent with what you've provided on previous immigration applications.
Part 4: Accommodations for Individuals With Disabilities and/or Impairments. This portion of the application ensures that people who need extra support to get through the application process can get it. You will, for instance, be called in for fingerprints, so if you have a disability or impairment that makes that difficult, and a particular accommodation can be arranged to make it easier, list it here. (You are unlikely to be called in for an interview on this application; though you may want to mention any accommodations that would help with that, just in case.)
Part 5: Applicant's Statement, Contact Information, Certification, and Signature. This section serves to impress upon applicants that they need to know what they are signing, even if using an attorney or interpreter. You must sign and date your application and include ways to reach you. If you forget, USCIS will return it to you for completion.
Part 6: Interpreter's Contact Information, Certification, and Signature. If you had help with translating this form so that you could understand the English, the interpreter will need to provide information here and sign.
Part 7: Contact Information, Declaration, and Signature of the Person Preparing this Application, if Other Than the Applicant. If an attorney, paralegal, notario, or other type of legal consultant prepared this form for you, that person must fill in and sign this section.
Filling out Form I-90 is not the end of your task when applying for a renewal or replacement green card. You will also need to submit supporting evidence, as described in detail within the USCIS instructions.
Most applicants will need to pay a filing fee for their new card. The exception is if USCIS made a mistake; for example, it never sent you the card, or it sent you a card with a misspelled name or other wrong information. You also do not need to pay the fee if you are turning 14 and need to register but your card will not expire before you turn 16.
The fee structure is changing. (And it's always wise to always check the Forms page of the USCIS website for the latest fees.)
Through March 21, 2024: The fees are $455 for the application and $85 for biometrics. Most applicants will also need to pay a biometrics or fingerprinting fee, depending on the reason for applying. If you never received your card, you do not have to pay the biometrics fee.
Starting April 1, 2024: The fee is $415 for online filing and $465 for submitting a paper I-90. There is no separate amount owed for biometrics.
Form I-90 may be filed and paid for online by creating a USCIS account or mailed to USCIS. The address is on the website. Filing electronically can be convenient, but note that it’s not just filing the form itself you will have to deal with: You will also need to upload your supporting documents electronically.
]]>(Also see How to Travel Outside the U.S. With a Green Card for practical tips.)
The need to prepare evidence of U.S. ties is especially important for green card holders who anticipate lengthy or frequent absences. In fact, green cards automatically become invalid for entry after absences of one year or longer. In such circumstances, most green card holders (excluding refugees, asylees, and crewmembers) need to meet a special documentary requirement: They must apply for a reentry permit in advance, without which they are likely to be placed in removal proceedings upon return.
WARNING: A reentry permit is not an option for people who are already outside the U.S., for example who become stranded abroad owing illness or unexpected travel restrictions. The permit can be applied for only from within the U.S., in advance of a trip. There are other means of reentry you can seek, however, as described next.
Regardless of whether you fill out any formal requests, be sure to gather evidence that you've kept your immigration status in the U.S. ahead of time, before you attempt to return. Such evidence can include, for example, leases, rental agreements, or mortgage documents showing that you maintained a home or other property in the United States; proof of the presence of family members in the U.S., such as school reports and proof of employment; as well as documentation of any other ties to the United States.
Most green-card holders (excluding refugees, asylees, and crewmembers) need a reentry permit in order to enter the U.S. after any expected absence of one year or more.
There are two notable exceptions: current or recent employees of the American university in Beirut, Lebanon, and current or former employees of the U.S. government who traveled abroad in the course of their duties (or the spouse and children of such employee, if entering the U.S. within four months of the employee’s return). For these two classes of green card holders, traveling on an “expired” green card normally satisfies the documentary requirement for reentry.
Beyond that, if you are a green card holder who finds yourself abroad for a year or more due to circumstances beyond your control and through no fault of your own, your first and best option would be to apply for a returning resident (SB-1) visa, as described on the Returning Resident Visas page of the State Department’s website.
Your second, although riskier option is to find your way to a U.S. border or other point of entry and ask the customs officers to let you in (as a returning resident) in the exercise of their discretion—for “good cause” (meaning because you have a good excuse for not presenting a reentry permit or visa). You would request such an exercise of discretion by filing Form I-193, Application for Waiver of Passport and/or Visa, issued by U.S. Citizenship and Immigration Services, or USCIS.
Neither of these two options will likely work, however, if you had time to anticipate the length of your absence.
If eligible, you can request a reentry permit by filing Form I-131, Application for Travel Document (available from USCIS; the following instructions refer to the 6/06/2023 version).
Check box 1.a in Part 2 of the form ("Application Type"), complete Parts 1 through 5 and Part 9. You'll also need to include supporting documents, including:
Send your application to USCIS at the address indicated on its website. Include the required fee (a base fee for everyone, plus a biometrics fee if you're between age 14 and 79). You can pay either by check, money order, or by filling out Form G-1450, Authorization for Credit Card Transactions for a credit card payment.
After filing Form I-131, you should be scheduled for a biometrics appointment, to get your photograph taken and, if you're between 14 and 79, your fingerprints as well.
Make sure you are present in the United States to attend the appointment. After it's done, however, you could (if you requested it) pick up the reentry permit at a U.S. embassy or consulate abroad. (You could also request expedited processing if you have an emergency.)
If your reentry permit application is denied, you can appeal the decision by filing USCIS Form I-290B, Notice of Appeal or Motion.
Keep in mind that even obtaining and complying with a reentry permit does not guarantee that you will be allowed to keep your U.S. permanent residence. Your readmission under that status would still depend on whether you are able to present evidence of ties to the United States.
Extended absences (of two years or more) might require consecutive applications for reentry permits. (Reentry permits are valid for no more than two years and cannot be extended.)
Consecutive applications are allowed, but USCIS might look upon them with particular suspicion. In fact, the validity of reentry permits is limited to one year for most green card holders who have been outside of the U.S. for more than four years since obtaining their green card.
Nonetheless, this limit does not apply to active professional athletes and employees of international organizations, the U.S. government, or the American University in Beirut. (Although, as noted earlier, the latter might not normally need a reentry permit, they may choose to obtain one in certain circumstances—for example, when they might not return to the U.S. immediately following the conclusion of their work abroad.)
If you are planning an extended absence from the United States, or have become stranded outside the U.S., you would greatly benefit from the assistance of an experienced immigration attorney in devising a strategy to facilitate your reentry into the country.
]]>Learn more about your obligations to the U.S. Internal Revenue Service (IRS). and how to fulfill them here.
U.S. tax residents must report their entire worldwide income to the IRS. It doesn't matter if a portion or all of that income was earned from investments or business activities carried on outside the United States: A U.S. tax resident must report it all.
But becoming a tax resident does not necessarily mean that the U.S. government will actually tax all of your worldwide income and require you to pay the same amount as a U.S. citizen would.
These rules are complicated and subject to a number of confusing exceptions. Your best bet is to consult a tax accountant or lawyer. Also see IRS Publication 519, U.S. Tax Guide for Aliens.
Once you are a U.S. green card holder, you automatically become a U.S. tax resident, starting with the year you entered the U.S. with your immigrant visa or were approved for adjustment of status (a green card). You must then declare your entire income to the U.S. government, unless you took steps to be treated as a resident of a foreign country under an income tax treaty.
You might have heard that the number of days you spend in the United States each year has some effect on whether or not you are considered a tax resident. But this is true only for people who have nonimmigrant visas, discussed below. It is not true for green card holders. Even if you remain outside the U.S. for an entire year, you'll still need to report your entire worldwide income.
As a green card holder, you must file a U.S. tax return Form 1040 each year and potentially pay a lump sum (or receive a refund, if you've had tax withheld from your paycheck during the year).
Losing your U.S. permanent resident status doesn’t automatically mean you stop being a tax resident of the United States. You might need to notify the Department of Homeland Security that you lost permanent resident status or are surrendering your green card, and perhaps file IRS Form 8854, before you are relieved of the duty to file U.S. tax returns.
For some people, this duty to file U.S. tax returns can last for ten years after they stop being a U.S. permanent resident. For more information, see IRS Publication 519.
Though holders of nonimmigrant visas are, by definition, not permanent residents of the United States, they can become tax residents simply by spending a certain amount of time in the country each year.
If you hold a nonimmigrant visa, you will become a tax resident if you are present in the United States on at least:
Thus, you will automatically be a tax resident for any year you spend 183 days or more in the United States.
However, if you spend less than 183 days, but more than 31, you'll be a tax resident only if your total days in the United States during the current and previous two years add up to 183. But you don't count all the days you were present in the country during the previous two years. Instead, you count 1/3 of the days you were present in the first year before the current year, and 1/6 of the days you were present in the second year before the current year.
Example: You were physically present in the United States on 122 days in each of the years 2023, 2022, and 2021. To determine whether you meet the substantial presence test for 2023, count the full 122 days of presence in 2023, 41 days in 2022 (1/3 of 122), and 20 days in 2021 (1/6 of 122). The total for the three-year period is 183 days, so you are considered a tax resident for 2023.
If you spend fewer than 31 days of the current year in the United States, you will avoid being classified as a tax resident for that year.
You are treated as present in the United States on any day you are physically present in the country, at any time during the day. However, do not count the following:
If you exclude days of presence in the United States, you must file a fully completed IRS Form 8843, Statement for Exempt Individuals and Individuals with a Medical Condition.
Even if you have a nonimmigrant visa and qualify as a tax resident under the above rules, you can avoid being treated as a tax resident if you:
You will be considered to have a closer connection to a foreign country than the United States if you or the IRS establishes that you have maintained more significant contacts with the foreign country than with the United States.
There are other exceptions to these tax rules based on tax treaties between the U.S. and your home country.
If you are a nonimmigrant tax resident of the United States who is required to file a federal income tax return, you use Form 1040NR or 1040NR-EZ.
Filing a U.S. tax return can be a good thing if you've been working for an employer who's been withholding taxes from your paycheck—you might get a refund of some of your money!
If you're a U.S. tax resident, all the tax rules applicable to U.S. citizens also apply to you. You can ordinarily claim the same deductions and credits allowed to U.S. citizens. Tax residents also generally report tax payments, including withholding, using the same rules as U.S. citizens.
To avoid double taxation, tax residents may claim a foreign tax credit for income tax paid or owed to a foreign country on foreign source income. To claim the credit, you must file Form 1116, Foreign Tax Credit (Individual, Estate, or Trust), with your Form 1040. For more information, get Publication 514, Foreign Tax Credit for Individuals.
The due date for filing your tax return and paying any tax due is April 15 of the year following the year for which you are filing a return.
You are allowed an automatic extension to June 15 to file your return and pay any tax owing if your main place of business and the home you live in are outside the United States and Puerto Rico on April 15. You can also get an automatic extension of time to file your return until October 15, by filing IRS Form 4868 on or before April 15 (or by June 15 if you qualify for the June 15 extension), but will need to pay any tax due by the required, un-extended date.
Failure to follow the U.S. tax laws can lead to harsh consequences for tax residents. If you have a green card, it will hurt your ability to qualify for U.S. citizenship. It might also be considered a crime—and if you are found guilty, your green card can be revoked and you may be deported to your home country.
If you have a nonimmigrant visa (a temporary visa, such as an H-1B for work or an F-1 or M-1 for study), failure to follow U.S. tax laws can lead to criminal punishment, revocation of your visa, and deportation. Failure to comply with U.S. tax laws can also make it more difficult for you to obtain lawful permanent residency (a "green card") should you ever want it.
To find out exactly how to comply with U.S. tax laws, consult a tax professional or visit the IRS website at www.irs.gov.
To learn more about the details of immigrating to the United States, see U.S. Immigration Made Easy, by Ilona Bray (Nolo).
]]>For most green card holders, a big concern is abandoning U.S. residence without wanting to, which can occur after an LPR has been outside the United States for more than a year and no longer has ties here. A Customs and Border Protection (CBP) officer at the port of entry (airport or land border crossing) is typically the one who determines that the LPR has abandoned U.S. permanent residency. The officer may confiscate the green card and then leave it up to an immigration judge to make a final ruling.
This is considered an "involuntary" abandonment, in that the foreign-born person might, despite having spent many months abroad, have hoped or believed that returning to the United States was a possibility in the future. Some people are confused about the actual meaning and benefit of a green card, and obtain one without realizing its significance, or the obligations that come with it. They think it will work as a long-term in-and-out travel document, not understanding that LPRs are truly expected to live in the United States.
Or maybe the foreign national had been planning to return to the U.S. earlier, but been detained by medical or other urgent issues (which can form the basis for arguing to the CBP officer or immigration judge that there was no intention to abandon residence).
In short, it's not difficult to give up U.S. residence without even meaning to. People who know they need to spend a year or more outside the U.S. and don't want to give up their U.S. residence should apply to get a reentry permit before leaving.
By contrast, voluntary abandonment of LPR status often arises from tax or travel reasons, and requires affirmative action by the LPR.
The tax reason that some people give up LPR status relates to the obligation to file a U.S. tax return, and in most cases pay taxes, as a U.S. resident. By officially surrendering the green card, it might be possible to terminate U.S. tax obligations. To be sure that this is a worthwhile strategy, the LPR would be wise to consult a qualified tax adviser, such as a Certified Public Accountant (CPA) or tax attorney.
The most common travel reason for LPRS to surrender a green card is that they have spent more than a year abroad deliberately, and have no intention of resuming permanent residency in the United States, though they might like to visit the U.S. at times for holiday or business.
Again, a green card is solely meant for people who make the U.S. a permanent home or residence. It's not for those who simply want to visit the U.S. once or twice a year and take advantage of the shorter or faster line at the airport for citizens and LPRs. If someone’s primary and permanent residence is in another country, then a visitor visa (B-2), not a green card, is the appropriate means by which to enter the United States. After learning this, the person might realize that surrendering the green card makes more sense than trying to convince the U.S. border officers to let them in after every long absence.
The procedure to surrender a green card/LPR status is fairly straightforward. The LPR simply needs to fill out and submit USCIS Form I-407, Abandonment of Lawful Permanent Resident Status.
The I-407 is a three-page document that requires basic biographical information, date of most recent departure from the United States, and reason for abandoning LPR status. Along with the form, you will need to send in your green card, or provide a reason why you cannot (for example, that it has been lost or destroyed).
Make a copy of the completed I-407 and green card, for future reference. Then send the whole package to the address listed on the I-407 page of the USCIS website.
In rare cases, if you need immediate proof that you have abandoned LPR status, the local U.S. embassy or consulate in your country might allow you come in person to surrender your green card and submit the form.
Assuming you've sent it by mail, expect a turnaround time for USCIS's response of at least two months. (You can check the latest processing times on the USCIS website.)
If your purpose is to avoid U.S. taxation, also talk with a U.S. tax adviser about appropriate procedures to show the IRS that you are no longer a permanent resident, also called a "resident alien." You will likely need to include a copy of your I-407 application with your next U.S. income tax return. For more information, see IRS Publication 519 (2022), U.S. Tax Guide for Aliens.
Once an LPR has completed and submitted the I-407 and surrendered the green card, this act is irrevocable, meaning it cannot be undone. The result is that the former LPR now might need a visa for future travel to the United States, or might be able to travel without a visa under the Visa Waiver Program, which applies only to citizens of certain countries.
You will also, on future trips to the United States, need to carry your USCIS response to your I-407 with you.
Surrendering the U.S. green card does not preclude you from making another application for LPR status in the future. But you would need to start over from square one. Some LPRs might have originally gone through a decade-long waiting period to get the green card. And their eligibility could have changed in the interim, for example if they obtained status as the unmarried child of a U.S. citizen, but have since grown up and married. So, you'd need to reevaluate your eligibility, possibly with the help of a lawyer.
Completing Form I-407 and surrendering a green card is not something to be done hastily. Consulting with an immigration attorney and a tax adviser, if appropriate, is both a good idea and strongly recommended before making such an important decision with long-lasting or permanent consequences.
]]>If you have relied on public benefits, particularly cash assistance, and you then travel abroad, your green card status could be put into jeopardy upon attempting to reenter the United States. You run the risk of being declared a “public charge” by U.S. immigration officials and thus losing your immigration status.
The legal reason for this is that a public charge can be deemed "inadmissible" to the U.S., in other words ineligible for U.S. entry or a green card. This won’t affect you while you live in the U.S. with a green card; only after travelling overseas for a certain length of time (described below) and attempting to return, as explained in this article.
A short trip outside the U.S. won’t likely put an LPR’s immigration status at risk. But receiving certain public benefits can cause problems for LPRs who remain outside of the country for more than 180 days.
When such people try to return to the United States, immigration officials at the border, airport, or other port of entry will treat them differently than LPRs who’ve been away for less time. In legal terms, the returning LPR is viewed as an applicant for “readmission,” who must therefore be inspected for “inadmissibility.”
These grounds of inadmissibility are the same ones the LPR had to face when first applying for the U.S. green card; and one of them was the "public charge" ground. People are considered “public charges” if they're apparently likely to become dependent on public benefits. Most people applying for their green card must show that they’re either entering the U.S. based on a job offer or have received an Affidavit of Support from a family member, so as to prove to U.S. immigration officials that they’ll have a source of income or care and are unlikely to need government financial assistance in the future.
But when the LPR is returning to the U.S. after a long trip, the border or airport officials can look to the past, not just the promised future—and see that the LPR became a public charge after all. At that point, the border official can initiate proceedings to have the person's lawful permanent resident status taken away.
It's also important to note that there are situations in which an LPR will be considered an applicant for admission even after having been outside of the U.S. for 180 days or less. For example, a permanent resident who “engaged in illegal activity” while outside the U.S. would be considered an applicant for readmission even after having been outside of the country for only a few days. In such cases, public charge and other grounds of inadmissibility could also apply, making returning to the U.S. impossible or very difficult.
There are a few exceptions to who is subject to the “public charge” ground of inadmissibility. It does not apply to permanent residents who received their green card as refugees or asylees, as Amerasian special immigrants, and in some cases under the Cuban Adjustment Act (CAA), the Nicaraguan Adjustment and Central American Relief Act (NACARA), or the Haitian Refugee Immigration Fairness Act (HRIFA).
Not all U.S. public benefits automatically trigger the “public charge” bar to admission. Immigration officials are supposed to ignore the receipt of most types of non-cash public benefits, such as unemployment, school lunches, job training, Head Start, Social Security Disability (SSDI), and emergency relief when making a public-charge decision.
The government's determination isn't automatic. It will consider receipt of public benefits as part of assessing the "totality of circumstances" in someone's case. As part of this "totality," they will also take into account factors like the applicant’s age, health, education, skills, family status, and financial assets and resources.
For more information about public benefits and immigration status, see Will Receiving Public Benefits Hurt Your Chances of U.S. Citizenship?
If you have any concerns that you've received public benefits in the United States that will put you at risk of inadmissibility after foreign travel, by all means consult an experienced immigration attorney before you go.
]]>We'll discuss those rules and the consequences of breaking them here.
As the term “resident” suggests, your status comes with the expectation that you will reside—that is, make your home—in the United States. If you make your home outside the U.S., you could lose your green card.
Officers of Customs and Border Protection (CBP) are on the front lines of deciding whether returning green card holders are actually living in some other country. The officer will, upon your return from foreign travel, ask when you left the U.S., what you were doing while you were away, and where you make your home.
If you were outside the U.S. for more than one year, and did not get advance permission to return before leaving, the law presumes that you abandoned your permanent residence, and invalidates your green card as a travel document. You might not even allowed to board an aircraft or other form of travel to the United States.
To challenge the abandonment presumption, you will probably have to either convince airline or other officials to contact U.S. Customs and Border Protection (CBP) on your behalf or attempt to enter at a U.S. land border. Regardless of which border or port of entry you ultimately arrive at, you will likely go through several levels of inspection and might ultimately be given a notice to appear in immigration court (an NTA). In that case you'd be let in provisionally, and have to convince an immigration judge that you did not abandon your status.
Does all this mean you're safe as long as you return to the U.S. once a year? No! It's all a matter of where you actually live, regardless of whether you intend to go back to the United States at some point. If you've sold your U.S. house, enrolled the kids in school overseas, and quit your U.S. job, a CBP officer could, in theory, find that you abandoned your residence even if you attempt to reenter the U.S. after one day away.
Long trips away are seen as a big clue that you might have abandoned your U.S. residence. Making many trips outside the U.S. creates a risk of being found to have abandoned your residency if, over the course of several years, you spend more time outside the U.S. than within it. Trips outside the U.S. for more than six months are treated more seriously than shorter trips, but even shorter trips can raise questions if you make so many that it looks like you are merely visiting the U.S. instead of living here.
If the border officer wonders whether you abandoned your permanent resident status, in addition to your length of time outside the U.S., the officer may look into whether you:
If you are returning after a trip of several months, you can make your entry to the U.S. easier by bringing copies of documents that show that your home base is still in the United States. These documents could include your U.S. tax returns, home lease, evidence of employment, or other relevant documents.
In a border official tells you that you have abandoned your permanent residence, the official will probably let you back into the U.S., but place you into removal (deportation) proceedings. The officer’s decision is not final; you will have the right to present your case in immigration court. Only an immigration judge has the authority to make a final decision about whether you abandoned your status. You can also appeal the judge's decision. For help if you are placed into removal proceedings, contact an attorney.
TIP
Get permission before leaving. If you know before your departure that you will have to spend more than a year outside the U.S., apply for what's known as a reentry permit. Use USCIS Form I-131, Application for Travel Document, available for free download on the USCIS website (though you'll have to pay a filing fee). Be sure to check Box a in Part 2 for reentry permits. You will have to explain to USCIS the purpose of your trip and how much time you have already spent outside the United States. You do not need to wait for the permit to be approved before departing the U.S., but you do need to get your biometrics (fingerprints, photo, and signature) taken for the permit before you leave. USCIS will schedule you for a biometrics appointment after you submit the I-131; usually some weeks after. For more information, see Reentry Permits: Preparing Green Card Holders for Long Absences from the U.S.
The concept of being "inadmissible" to the United States mostly affects people who are still in the process of applying for a visa or green card. But even green card holders can, if they spend 180 continuous days or more outside the U.S., left during removal proceedings, or committed a crime, be questioned by U.S. border officials upon return, and their records checked, to see whether they've become inadmissible. (See I.N.A. § 101(a)(13)(C).)
Let's say, for example, that you spent 190 days outside the U.S., and upon return, the CBP officer inspected your possessions and found a medical marijuana card. Use of marijuana or "weed," even if legal in your state, is still a federal crime, and drug abuse or addiction is a ground of inadmissibility. (See further discussion in Will Legal Use of Marijuana Make Applicant for Immigration Benefits Inadmissible?.) Similarly, CBP records might indicate that you were convicted of a crime while traveling, which could make you inadmissible upon return (since many, though not all crimes are considered grounds of inadmissibility).
In any situation where you're worried about successfully returning to the U.S. with your green card, consult an experienced immigration attorney.
We'll answer the first question below, and the second in If You've Received Public Benefits, Leaving U.S. Risks Being Refused Reentry.
To clarify, the information that follows is intended only for U.S. permanent residents (people with green cards). If you hold any other status, for example if you are an asylee, a DACA recipient or nonimmigrant visa holder (such as an H-1B worker), the public benefit rules that apply to you could be very different.
Before covering direct financial benefits or similar forms of public assistance, let's reflect upon the advantages to having a green card in the first place; particularly as compared with having a temporary visa or being in the United States with no immigration status (undocumented). Some of these can indirectly help you avoid public assistance, by assisting you to be self-supporting. The advantages include:
Of course, with your rights as a green card holder come various responsibilities. You can lose your immigration status by, for example, committing a crime or violating the law, neglecting to advise USCIS when you move and change address, or doing something else that matches one of the grounds of deportability found in Section 237 of the Immigration and Nationality Act (I.N.A.).
The types of cash or other public benefits a permanent resident can receive depend, naturally, on the eligibility requirements of the specific program. Precise benefit amounts depend on the federal, state, or county that's providing the benefit, as well as factors such as family size. To find out whether you meet the eligibility requirements for a public benefit, you'll need to inquire with a local public benefits office. This article will give you an overview of the programs that green card holders are most likely to be eligible for.
Note that the federal names of benefit programs discussed here might have different names in the state or county where you live. For example, what the federal government calls "Temporary Assistance for Needy Families" (TANF, discussed below), is called “CalWORKs” in California.
In addition, some counties and states have special public benefits programs that are intended for immigrants who cannot qualify for federal public benefit programs. For example, in California some immigrants do not qualify for federal Supplemental Security Income (SSI, which grants monthly cash benefits to people with limited income who are disabled, blind, or age 65 or older) because of their immigration status. But they can potentially receive assistance through the Cash Assistance Program for Immigrants (CAPI).
Exactly which public benefits a lawful permanent resident (LPR) can receive depends on a number of factors, such as:
We will assume that the LPR received status on or after August 22, 1996 (the date that more restrictive rules about immigrant access to public benefits came into effect) and was never in any of the following categories, to which special (and often more generous) rules apply:
SSI is a federal benefits program that provides cash assistance to low-income seniors (65 years or older) and low-income disabled children and adults.
Permanent residents (LPRs) cannot apply for SSI benefits until they have lived in the U.S. for at least five years. After that time, LPRs will qualify for SSI only if they have credit for 40 "quarters" of work done in the United States. (“Quarters” is a legal term that means a three-month period in which you earn a certain amount of money and therefore paid into your Social Security fund. If you work all year, you’ll be credited for four quarters that year, so it will take at least ten years to qualify for SSI.)
There are special rules about how to count the 40 quarters, including:
In most cases, if you are subject to an active warrant for deportation or removal from the U.S., you’ll lose your eligibility for SSI.
Permanent residents are ordinarily eligible for Social Security benefits if they have accrued 40 credits of work in the United States, which is approximately equivalent to ten years' worth of work.
Social Security benefits include retirement payments, disability benefits, and survivors’ benefits (for the survivors of deceased workers).
But one important eligibility criteria is that if the permanent resident's Social Security number was issued on or after January 1, 2004, the number must have been valid for work or the work for which the permanent resident is seeking credit must have been performed while the person was temporarily in the United States and had immigration status as a businessperson or crewperson.
LPRs who have been in the United States for five years are normally eligible to receive Medicare. This form of medical coverage is intended for people who are over the age of 65 or have certain qualifying disabilities. There are several different types of Medicare, including:
Americans or LPRs who have worked 40 credit hours do not need to pay for Medicare Part A. However, if you are an LPR who has lived in the U.S. for five years but has not worked long enough to qualify, you can purchase Medicare Part A coverage and pay a monthly premium (as of early 2024, a Medicare Part A premium is free to people who've paid into the system for approximately 10 years or more; and if not, cost either $278 or $505 per month, depending on how long you or your spouse worked and paid into the Medicare system).
Both citizens and LPRs need to pay for Medicare parts B, C, and D.
Medicaid is a health coverage program for low-income children, families, elderly persons, and disabled persons. Each state runs a Medicaid program, though many give it a different name.
Two types of opportunities for medical care are offered under Medicaid: Emergency Medicaid and Full-Scope Medicaid. Permanent residents mostly qualify for Emergency Medicaid without exception, assuming they meet the general, non-immigration-related eligibility requirements.
To qualify for Full-Scope Medicaid, LPRs must, in most cases, have been in had green card status for at least five years. A handful of states also require 40 quarters of work before providing Full-Scope Medicaid benefits. Also, the “deeming rules” described above might apply.
To find out whether your state provides Full-Scope Medicaid to permanent residents who are under 21 or pregnant, contact your local, county, or state public benefits office. Your state also might provide LPRs certain medical benefits funded without Medicaid money.
LPRs are eligible to apply for coverage through the health insurance marketplace under the Affordable Care Act or ACA (also known as "Obamacare"). Depending on your income level, you might be able to receive a subsidy or reduced insurance rate on the marketplace.
CHIP provides health coverage to children living in families that cannot get Medicaid because their income is too high, but do not have enough money to pay for private insurance. To qualify for CHIP, LPRs must in most cases:
The “deeming rules” described above might apply. However, many states have taken advantage of an option in the CHIP program to provide CHIP assistance to “lawfully residing” children and pregnant woman regardless of their date of entry into the United States. Check with your state agency to see whether your state offers this benefit.
TANF is a federal program that provides money to states to reduce poverty. Low-income families that qualify receive cash assistance, but must also participate in job training and other programs designed to eliminate dependence on cash assistance.
In most states, LPRs who have maintained their lawful resident status for 5 years can qualify for TANF, assuming they meet other program requirements. A handful of states require 40 quarters of work before providing TANF benefits.
Even if an LPR meets general eligibility requirements, however, it is possible that the “deeming rules” described above will prevent the person from receiving TANF.
Many states have programs that provide cash assistance to immigrants who are not eligible for TANF, although the benefit levels are sometimes lower, and other restrictions and time limits might apply.
SNAP is a federal program that provides money to states so that they can help people with limited income to purchase food. People who qualify for SNAP receive electronic debit cards for use in purchasing groceries (though many people still refer to this program as "food stamps").
Permanent residents under 18 years of age may qualify for SNAP benefits. In most cases, an LPR who is older than 18 will qualify for SNAP only after having credit for 40 quarters of work in the United States.
As with TANF, the “deeming rules” described above might result in ineligibility.
Some states have programs to supply food benefits instead of SNAP to LPRs who do not qualify for SNAP benefits.
Permanent residents are potentially eligible for federally funded public housing as well as “Section 8.”
Federally funded public housing provides government-owned housing to low-income individuals, families, the disabled, and the elderly. Usually, federally funded public housing is owned or managed by a local government's “housing authority.”
Section 8 is a voucher program that gives low-income individuals and families money with which to rent housing in the private market.
If there is one permanent resident in a household and other people living there who are not eligible for federal public housing or Section 8, the rent will probably be prorated so that the only person receiving the federal housing benefit is the LPR.
There are also other types of affordable housing (such as Low-Income Housing Tax Credit (“LIHTC” communities) that do not have any U.S. citizenship requirements, for which LPRs also qualify.
Usually, a permanent resident can simply show a green card to prove the required immigration status. But the public benefits agency may also get in touch with U.S. immigration authorities to verify the applicant's immigration status.
When the Department of Homeland Security (DHS) receives this sort of request to check on immigration status, it is not supposed to use the information to start removal (deportation) proceedings, except where the permanent resident has committed certain crimes.
However, DHS does not explicitly guarantee that it will not investigate an applicant who applies for public benefits. Therefore, if you have been charged with or convicted of any crime (even if you received “diversion” or other alternative sentencing programs and even if any convictions have been expunged or “cleaned” from your record) or you have had any other history that could put your LPR status at risk, you should talk to an immigration attorney before applying for public benefits.
The federal Immigration and Nationality Act (I.N.A.) states that "any alien who, within five years after the date of entry; has become a public charge from causes not affirmatively shown to have arisen since entry is deportable." (See I.N.A. § 237(a)(5).).
That sounds alarming, but in practice, whether a public charge determination can lead to deportation is complex. While deportation is technically possible, the test for deportability on the basis of a public charge determination is extremely strict, and deportation on this basis has been rare in the past, almost nonexistent. Basically, you risk being declared a public charge and having to face deportation only if ALL of the following occur or are true:
As this test shows, merely receiving public benefits does NOT make someone eligible for deportation on the basis of being a public charge. Many public benefits, including non-cash benefits like food stamps, emergency assistance, and federal loans, do not even trigger a public charge analysis for either inadmissibility or deportability purposes.
Also, before DHS can deport you, it must prove that you received a demand for repayment, you refused to repay the amount you received in benefits, and you received a judgment against you in court for the receipt of benefits. This is extremely burdensome for DHS to prove and covers only a narrow set of circumstances. Moreover, many state aid agencies are reluctant to file lawsuits, for a variety of reasons. That is why deportation on public charge grounds is virtually nonexistent under the current system.
Particularly if you are in deportation proceedings or have been ordered to appear for them and are not sure what to do, it is best to contact an experienced immigration attorney as soon as possible to discuss your potential options.
]]>Your best proof that you are a U.S. resident is your permanent or conditional resident card, also known as a green card, Alien Registration Card, or Permanent Resident Card. Usually, you will receive the actual card in the mail within a few weeks of your application being approved or your entry to the United States.
If you are over the age of 18, the law requires you to carry your green card or other evidence of your U.S. immigration status at all times. Keep a photocopy of the card in a safe place, however, in case it gets lost or stolen. Having a copy will make it much easier to get a replacement card from USCIS.
If you enter the U.S. after being approved at a consulate, you will also get a stamp in your passport (an "I-551") when you enter. This stamp serves as temporary evidence of your permanent residence while you are waiting for your green card to be mailed to you. You can show this stamp to employers or use it to travel in and out of the United States.
If you get permanent residence by adjusting your status (applying entirely within the U.S., without visiting a U.S. consulate in your home country), most officers of U.S. Citizenship and Immigration Services (USCIS) are unwilling to put a stamp in your passport. If you know you will need proof of your permanent residence before you get your green card, however; for example, if you need to leave the U.S.; they might consent to giving you the temporary I-551 stamp.
If you adjust status in the U.S. (submit a Form I-485 and so on, rather than going through a U.S. consulate) then, after your application for a green card has been approved but before you get the actual card in the mail, you will receive an Approval Notice and a Welcome Notice from USCIS.
You will no doubt be happy to see these notices, but do not try to use them as if they were your green card. If you leave the U.S., you cannot use them to get back in.
Sample Notice of Approval for Residency
With your U.S. residency, you are eligible for a Social Security number (SSN). The SSN is given to all people legally living and working in the United States, to identify them and allow them to pay into a system of retirement insurance.
You might have already applied for a Social Security number, for example if you received a work permit before getting your green card. Also, as of August 2021, when you filled out your Form I-485, Application to Register Permanent Residence or Adjust Status, it would have included questions needed to apply for an SSN or a replacement card. Then, assuming you answered those, USCIS would have transmitted the data to the Social Security Administration (SSA), which would have automatically assigned you an
If you have somehow not received an SSN up to now, this is an excellent time to apply. You will need this number before you start working. Your new employer will ask for it in order to file taxes on your behalf.
To apply for an SSN, you'll need to visit your local Social Security (SSA) office, which you can find via www.ssa.gov. This is required of non-citizens because you'll need to show original documents.
If you're having trouble communicating with USCIS about getting your green card or an I-551 stamp, an immigration attorney can help.
]]>Given those legal restrictions, what happens if, even after fully intending to live in the U.S., your life circumstances change and you end up outside the U.S. for an extended time then wish to return? Perhaps your U.S. citizen spouse was transferred abroad for work, and you decided to basically go and take your chances that your green card would indeed be abandoned, but your spouse gets transferred back again after a year.
This isn't as unusual a situation as you might imagine. Figuring out what to do next involves:
After a year or more spent outside the U.S., the U.S. government might be quick to conclude that you intended to abandon your U.S. residence. There are exceptions, however.
Some green card holders take steps to avoid a determination of abandonment of residence by obtaining what's known as a reentry permit before their departure. (This is done by filing Form I-131, Application for Travel Document, with U.S. Citizenship and Immigration Services, or USCIS. See Don't Lose Your Green Card Due to Long Absence From U.S.: Get a Reentry Permit for details.) Reentry permits are good for up to two years at a time, and can be applied for more than once. Of course, we're assuming you didn't obtain one of these, but it's worth mentioning, just in case you did and forgot.
The U.S. government could use its discretion to find that you didn't really mean to abandon your residence. It's more likely to do this in cases where unexpected circumstances arose that were beyond your control (such as a health problem or the death of a family member) during what was meant to be a short trip. Again, we started with the supposition that your departure from the U.S. was due to something more straightforward and predictable, such as a job transfer.
Nevertheless, if unexpected circumstances played a part in your long stay abroad, you might be able to apply for a returning resident visa (as described on the Returning Resident Visas page of the State Department’s website).
Another possibility is to go directly to a U.S. border or other point of entry and ask the Customs and Border Protection (CBP) officer to admit you as a returning resident, based on “good cause.” (You'd need to prepare USCIS Form I-193, Application for Waiver of Passport and/or Visa.)
Still, the above measures might not work, or you might not want to take your chances on flying all the way to the U.S. only to be turned away again.
Assuming the same family relationship exists through which you got your U.S. green card in the first place, your U.S. relative could start the process over from you, by filing an I-130 petition. By now, you're familiar with the process, all of which you would need to repeat.
Your application might raise questions with U.S. immigration authorities, however. They would locate your old files and wonder why you're applying for a green card when you already appear to have one. For that reason, some immigration lawyers recommend, just to make sure the record is clear, that you file Form I-407, Abandonment of Lawful Permanent Residence, before submitting the new I-130.
This is a sufficiently complex area of the law that your best bet would be to consult with an experienced immigration attorney, for help analyzing whether you did, in fact, abandon your U.S. residence and then creating a strategy for what to do next.
]]>The most common way that people lose their right to a U.S. green card is by committing a crime, whether in the United States or elsewhere. Unlike what is commonly believed, it doesn't have to be a major crime or a felony to make someone deportable. (See Crimes That Will Make an Immigrant Deportable for a more extensive discussion.)
For example, a person can be removed from the United States (deported) for helping someone enter the U.S. illegally, for committing domestic violence, for possessing even a small amount of drugs, or for any crime that's considered morally wrong (such as fraud, theft, a crime with the intent of doing great bodily harm, or a sex offense).
Some of these crimes are misdemeanors that might not be punishable with time in jail.
There is no set list that tells you which crimes make you deportable. If you are arrested for anything at all, consult not only a criminal lawyer, but also an immigration lawyer to find out whether and how you can avoid removal (deportation).
Although criminal lawyers have an obligation to advise people about the immigration consequences of pleading guilty, few criminal lawyers actually understand the immigration laws as well as immigration lawyers do. Criminal lawyers who don’t know the immigration laws well might encourage you to plead guilty to something as a way of avoiding jail time, for example, not realizing that your guilty plea could get you deported.
A person can also be removed from the U.S. for certain violations that don't fall under the criminal laws. For example, if U.S. Citizenship and Immigration Services (USCIS) discovers that you got your green card through a fraudulent (sham) marriage, or any other type of fraud, you can be removed.
An immigrant can even be removed from the U.S. for failing to advise USCIS of a change of address within ten days of moving. In the past, USCIS almost never did anything about this. However, with increased security concerns, USCIS more often uses this rule against people it wishes to remove from the United States. You can use USCIS's online service to notify it of your change of address. Also see What If I Forgot to Tell USCIS of My Change of Address?.
Many people wrongly believe that to keep your green card all you need to do is enter the U.S. at least once a year. The fact is that if you ever leave the U.S. with the intention of making some other country your permanent home, you might be giving up your U.S. residency when you go. If you then try coming back to the U.S., the border officials will look at your behavior for signals that your real place of residence has not actually been in the United States.
As a broad rule, if you have a green card and leave the United States for more than one year, you might have difficulty reentering the country afterward. That is because the U.S. government feels that an absence of longer than one year indicates a possible abandonment of U.S. residence. What's more, U.S. border officials are basically forced to take a close look at your case, because after one year's absence, the green card is automatically invalid for travel purposes.
Even if you do return before one year, you could run into trouble. To avoid a full-scale inspection, return within six months.
On the other hand, remaining outside the U.S. for more than one year does not mean you automatically lose your right to a green card. If your absence was intended from the start to be only temporary—for example, you left to take care of sick father for a few months, but you had to care for your father for over a year until he died—you might be able to argue to keep your permanent resident status.
Green card holders who commute to work in the U.S. from Canada or Mexico on a daily or seasonal basis may keep their cards even while actually living outside the country. USCIS will grant you commuter status if you advise it of your intention to live on the other side of the U.S. border.
If you stay outside the United States for more than one year and do not get a reentry permit (described below) before leaving, you must apply at a U.S. consulate abroad for an SB-1 visa as a returning resident. You must convince the U.S. consular officer (actually, two consular officers) that your absence was temporary and you never planned to abandon your U.S. residence. These approvals are discretionary, meaning they are basically doing you a favor, and can always say no.
You will have to show evidence that you were kept away longer than one year due to unforeseen circumstances. Such evidence might be a letter from a doctor showing that you or a family member had a medical problem.
If you hold a green card and know in advance that you must be outside the United States for more than one year, it's worth applying to USCIS for a reentry permit. This lets you to stay away for up to two years. See Don't Lose Your Green Card Due to Long Absence From the U.S.
You should send in your application before leaving, and wait until you've been called in for your biometrics (fingerprinting) appointment. Use USCIS Form I-131. See Reentry Permit Process for U.S. Permanent Residents. Your reentry permit will serve as an entry document when you are ready to return.
Reentry permits cannot be renewed and can be applied for only inside the United States. If you want to stay away for more than two years, you must return briefly and apply for another reentry permit.
You can lower the chances of losing your residence in the United States by applying for naturalized citizenship, as soon as you are eligible. The waiting time for eligibility is usually five years after you get a green card, but there are exceptions.
For example, the wait essentially drops to four years if you received asylum (because your first year as an asylee counts), and to three years if, at the time you got your green card, you were married to a U.S. citizen and you're still married and living together.
For more information about qualifying for naturalization, Becoming a U.S. Citizen: A Guide to the Law, Exam & Interview, by Ilona Bray.
]]>First, the law itself. Almost all non-U.S. citizens who are in the U.S. are required to give USCIS their new address within ten days of moving. (See 8 U.S.C. § 1305.) Filing a change of address form with the U.S. post office is not sufficient. You must alert USCIS directly of your new address.
Only a few people do not have to give USCIS their address after moving, including:
Most types of applicants can either submit a change of address online or call USCIS's contact center, 800-375-5283, to change their address.
Another possibility is to complete and print out Form AR-11 and then mail it to the address listed on the USCIS website. (In fact, this is sometimes the only option, when the online system gets glitchy and sends error messages.) If changing your address through the mail after having submitted applications to USCIS that are still being processed, it is a good idea to also send a letter to the office processing your application to separately advise it of the new address.
It is imperative that, in filing the change of address notification, you list the receipt number of every immigration application that is still pending (awaiting U.S. government action). For example, a U.S. citizen child might petition for her father and file an adjustment of status application, and he might wish to work while the application is pending. This application requires submitting three forms to USCIS:
You'll need to list each form and its receipt number on the Change of Address form, whether changing the details online, by mail, or via Form AR-11.
If filing an AR-11 by mail, be sure to use a carrier that offers tracking, such as the U.S. Postal Service with certified mail and a return receipt requested. That way, you will have proof that you submitted it to USCIS, in case it gets lost in the system (as is not uncommon).
If you are a victim of domestic violence, trafficking or other crimes, you cannot file your change of address online. Instead, you should print out and mail form AR-11 to the USCIS Service Center listed on its How to Change Your Address web page.
What if you are a lawful permanent resident (LPR) who has never given USCIS a new address, or has already waited, perhaps a year after moving? According to the law, willfully (intentionally) failing to advise USCIS of your new address is a misdemeanor. It can be punished by a fine of up to $200 and up to 30 days in jail.
The law also says that an LPR can actually be removed from the U.S. (deported) for failing to give USCIS a new address, unless the LPR can prove:
However, in practice, it is rare for U.S. immigration authorities to actually prosecute or deport an LPR who failed to update an address. Immigration authorities have limited resources and cannot go after every LPR who fails to update an address. Nevertheless, strict enforcement is always possible in the future.
Updating your address with USCIS is a good idea, even if you're late. You will look more responsible and honest that way. And if you haven't submitted your address change when you've moved in the past, do it now and do it every time you move in the future.
Or, if you meet all of the eligibility requirements, consider applying for U.S. citizenship. Once you are a U.S. citizen, you'll never have to give USCIS your latest address again. For more information, see Who Can Apply for U.S. Citizenship.
]]>First, let's get clear on which part of the law we're talking about. There's a whole separate list of problematic issues for people "seeking admission" to the United States. It's called the grounds of inadmissibility, and mostly applies to first-time applicants for visas or green cards. (See Inadmissibility: When the U.S. Can Keep You Out.)
However, in rare situations, even green card holders can end up in double trouble, facing inadmissibility. In particular, people who spend 180 continuous days or more outside the U.S., or leave the U.S. during removal proceedings, or have committed a crime, or who engaged in illegal activity outside the U.S., can be questioned by U.S. border officials upon their attempted return, and their records checked, to see whether they've become inadmissible. (See I.N.A. § 101(a)(13)(C).)
Even if such person are let back into the country, they are considered to be seeking readmission to the United States, so any reason for keeping people out of the U.S. in the first place can make them “inadmissible” as well as deportable.
Briefly summarized, a green card holder may be deportable from the U.S. if he or she:
Even if the immigration authorities believe that you are deportable, you will not be kicked out of the country right away. In most cases (unless, for example, there is an outstanding order of removal in your file), you have a right to defend your case in immigration court. For some types of deportability, the law might provide a waiver (legal forgiveness) that you can apply for.
Only immigrants who have successfully become U.S. citizens are safe from the grounds of deportability. U.S. citizens cannot be removed unless they used fraud to gain their green card or citizenship. Thus it's worth applying to naturalize as soon as you are eligible.
Also, if you are ever arrested for a crime, be extremely cautious about dealing with it. Simply agreeing to plead guilty to avoid jail time could be the worst possible choice if it means admitting to a crime that makes you deportable. You'll want to consult both a criminal lawyer and an immigration lawyer for assistance in this situation.
And definitely get expert help from a lawyer if you are facing removal proceedings or believe you might have become deportable.
]]>Whether because of canceled flights, illness, quarantine, or well-grounded fears of traveling, lengthy absences from the U.S. can be unavoidable. U.S. immigration law allows you to make various arguments in claiming reentry, depending partly on how long you've been away. We'll discuss the details in this article.
Six months (180 days) is a bit of a dividing line for U.S. residents who've been outside the country. Once you've been gone that long, the law regards you as an applicant seeking admission to the U.S. (under I.N.A. § 101(a)(13)(C)). Someone seeking admission is basically treated as a newcomer.
When you got your green card, for instance, you were an applicant for admission, and likely had to overcome all the grounds of inadmissibility concerning things like communicable diseases, your likelihood of becoming a public charge (reliant on need-based government assistance), and security matters (such as whether you had any record of committing crimes or acts of terrorism). Some of these you might have received a waiver for, such as past unlawful presence in the United States.
Upon return to the U.S., then, you'll need to be ready to show documentation to overcome any new inadmissibility issues that might have come up in your life, including such changes as a job loss or new health concern. Consult an attorney with any questions on this.
Another concern to be aware of is that even if you return to the U.S. just before 180 days is up, U.S. border officials are always free to decide that you meant to make your home elsewhere; that is, abandoned your U.S. residence. To prove otherwise, bring copies of documents showing that the U.S. is still your home base. Examples include copies of U.S. tax returns, a home lease or mortgage, evidence of employment, and so on. Also bring written evidence of your reasons for not traveling back to the U.S. earlier, such as doctor's statements or copies of notifications that your flights were canceled.
A U.S. border or port official who feels that you've abandoned your permanent residence isn't likely to send you back immediately, but rather let you into the U.S. with a notice that removal (deportation) proceedings are being initiated against you (called a Notice to Appear or NTA). You will have to appear in immigration court. There, you will have an opportunity to show the judge that you didn't intend to abandon your residence. If placed into removal proceedings, definitely hire an attorney.
Absences of over a year create additional problems (on top of the ones described above) for returning residents. Your green card (Form I-551) will be invalidated for purposes of travel documentation. It's a problem that can be overcome, but only by proving that you are returning from a "temporary visit."
That means a visit that was meant to end after certain things were accomplished, during which you maintained ties with the U.S. and always intended to resume permanent residency, except that you met with circumstances beyond your control. A pandemic could certainly qualify as a circumstance beyond one's control, but you still need to prove all the above things.
To help assure a smooth U.S. reentry, and cure the green card invalidity problem, your best bet might be to apply for a Returning Resident (SB-1) visa at your nearest U.S. consulate. Unfortunately, many U.S. consulates are behind on dealing with applications. On top of that, and not one but two consular officers need to sign off on this type of visa's approval.
To apply for the SB-1 visa, you'd use Form DS-117, Application to Determine Returning Resident Status, and include supporting documentation to show that you're returning to an unrelinquished U.S. residence, that your extended stay abroad was for reasons beyond your control (such as a serious illness), and that you were not responsible for the reasons for the stay abroad.
Another option, if the expiration date on your green card itself hasn't yet passed and you are currently healthy, is to travel to the U.S. and argue your case at the port of entry.
Unfortunately, you'd have to get past the airline or other carrier first, and some have been refusing to board lawful permanent residents who've been outside the U.S. for a year or more. If that happens, ask them to contact Customs and Border Protection (CBP)'s Regional Carrier Liaison Group (RCLG) for follow-up.
If you are allowed to board, or if you can go straight to a U.S. land border, you'll want to show documentation regarding your unrelinquished domicile and the reason for your unintended long absence to the Customs and Border Protection (CBP) officer whom you meet. You will probably be referred out of the main entry line, for deferred or secondary inspection.
The CBP officials can ultimately allow you in, but will likely ask you to complete Form I-193, Application for Waiver of Passport and/or Visa and pay the filing fee.
If that approach doesn't work, and you're at the U.S. border or port of entry, you can ask that an immigration judge hear your claim. Definitely get a lawyer's help with this; in fact, it would be best to consult with one before embarking on your travel to the United States.
Unfortunately, you cannot cure the problem by applying for a reentry permit. Those work only for people who submit the application to U.S. Citizenship and Immigration Services (USCIS) before departing the United States. For example, someone taking an overseas job and can predict their long absence might request a reentry permit.
Planning to apply for U.S. citizenship? Assuming you successfully make it back to the U.S., your long absence could create setbacks to your eligibility, perhaps necessitating that you wait longer to apply. That's because the naturalization eligibility requirements include some that focus on one's physical presence in the United States. See How Absences From the U.S. Affect Eligibility for U.S. Citizenship for more information.
Consulting with an attorney before you attempt a return trip to the United States can help in both evaluating your situation and strategizing what arguments to make to the U.S. Customs and Border Protection agents you meet, and what documents to show them. The attorney can also be available by phone in case you are detained at the U.S. port of entry.
]]>However, the physical green card that proves your U.S. residence does expire, every ten years. When the expiration date on your green card is six months away, you will need to apply to renew it. If that date has already passed, apply as soon as possible. This article will discuss:
The application process for a new U.S. green card requires filling out and submitting USCIS Form I-90, which is available for free download from the USCIS website. Or, you can also submit this form to USCIS online—though you will need the technology to scan in your supporting documentation, such as a copy of your green card. (See USCIS's tips for filing online.)
Most of the questions on this form are self-explanatory. In Part 2 of Form I-90, check either 1a or 1b. Then check 2f in section A. Don’t check any other boxes in Part 2.
You will need to pay a fee for this application. Check the USCIS website for the latest figure, especially since fee changes will take effect April 1, 2024.
You must pay by credit card if filing online, though if you file by mail, your options include by check, money order, or by filling out and submitting USCIS Form G-1450, Authorization for Credit Card Transactions.
You will be called in for a biometrics appointment at a USCIS Application Support Center (ASC) some weeks after submitting your renewal application. Your fingerprints will then be checked against an FBI database. If any crimes are found on your record that could make you deportable from the U.S., you could be placed in removal proceedings and lose your right to U.S. residence. See a lawyer if you have any concerns about the contents of your FBI record.
Form I-90 comes with a fairly complete set of instructions, and you can read more on the USCIS website.
Note that Form I-90 is also the one you would use if your green card was lost, stolen, or destroyed before the expiration date. That means many of the questions won't be relevant to you. (See How to Get a New Green Card If Yours Has Mistakes or Is Lost or Stolen for more on this topic.)
Backups and long waits are common when dealing with USCIS. In light of that, the Form I-90 receipt notices it sends out routinely provide an automatic extension of green card validity. As long as you file a complete I-90 application and fee, you will get this automatic extension.
The extension is normally 12 months, but because of extraordinarily long wait times of late, was extended to 24 months (see USCIS's 2022 announcement on this).
If you need to prove your permanent resident status, for example when traveling or job-hunting, you can show the receipt notices along with your expired green card.
If you are ready and eligible to apply for U.S. citizenship, you can submit the citizenship application instead of renewing the green card. USCIS does not mind if you carry around an expired green card once you have the N-400 application for naturalization on file.
In fact, a new USCIS policy means the agency officially extends your green card eligibility for two years once it receives your naturalization application; you'll see a notation on your receipt notice (the Notice of Action Form I-797).
If you need to start a new job or travel outside the U.S., presenting this notice, along with your expired green card, is considered valid, unexpired evidence of your permanent resident status. It's also considered valid employment authorization under List A of Employment Eligibility Verification (for purposes of filling out the Form I-9 for your new employer and providing acceptable documents).
Nevertheless, you might want to renew the green card as an easier way to prove to the rest of the world that you are still a permanent resident.
For more information on the naturalization process, see the articles under How to Become a U.S. Citizen.
If you are a conditional resident of the U.S., the two-year expiration date shown on your card is more than a mere date upon which the card stops being valid—it is the date on which your entire status in the United States, and right to remain here, expires, unless you take steps to do something about it.
Two categories of green card applicants start out as conditional residents: spouses of U.S. citizens whose marriages were less than two years old at the time of their approval for U.S. residence or entry to the U.S. on an immigrant visa; and investors who gained their U.S. residence in category EB-5 of the visa system.
For details on the process of applying to convert from conditional to permanent resident status, see U.S. Immigration Made Easy, by Ilona Bray (Nolo). If you still have questions, would make to make your life easier in the face of a complex law and tricky paperwork requirements, consider hiring an experienced immigration attorney.
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