Can A Green Card Holder Lose Their Green Card?

While a Green Card grants permanent residency in the U.S., it does not guarantee that a person can keep it indefinitely. There are several reasons why a Green Card holder might lose their status or be at risk of losing their Green Card. Understanding the factors that could lead to the revocation of your Green Card can help you avoid common pitfalls and protect your residency status.

Common Reasons a Green Card Holder Could Lose Their Green Card:

Abandonment of U.S. Residence:

A Green Card holder is required to maintain their primary residence in the U.S. If you spend a significant amount of time outside the U.S. without proper authorization, your Green Card can be considered abandoned.

Leaving the U.S. for extended periods (especially more than 6 months) without a valid re-entry permit may lead to an assumption of abandonment, making it difficult to prove you intend to live permanently in the U.S.

To avoid this, Green Card holders who need to travel abroad for long periods should apply for a re-entry permit before leaving.

Criminal Convictions:

Certain criminal convictions can result in the loss of Green Card status and possible deportation. Crimes such as drug trafficking, aggravated felonies, or violent crimes can lead to revocation of permanent residency.

If a Green Card holder is convicted of a serious crime, they may be placed in removal proceedings by U.S. Immigration and Customs Enforcement (ICE), which could result in deportation and loss of Green Card status.

Fraud or Misrepresentation:

If it is discovered that a Green Card holder obtained their permanent resident status through fraud or misrepresentation, their Green Card can be revoked.

Common examples include providing false information on immigration forms or lying during interviews to gain entry into the U.S. or Green Card approval.

Failure to File U.S. Taxes:

Green Card holders are required to file U.S. tax returns and report worldwide income. If you fail to comply with tax laws, it could be seen as evidence that you have abandoned your permanent resident status.

The IRS can report a failure to comply with tax laws to the U.S. Citizenship and Immigration Services (USCIS), which could potentially affect your Green Card status.

Voluntary Surrender:

A Green Card holder may choose to voluntarily surrender their Green Card if they no longer wish to live in the U.S. or have decided to move back to their home country.

This can be done by submitting Form I-407 (Record of Abandonment of Lawful Permanent Resident Status).

Failure to Respond to USCIS Requests:

If a Green Card holder fails to respond to a USCIS request for information or fails to attend required interviews, their Green Card could be revoked.

Failure to comply with USCIS directives could result in the termination of a Green Card application or status.

Entering the U.S. Without Authorization:

A Green Card holder who leaves the U.S. without a valid Advance Parole or re-entry permit and attempts to return could be denied entry. This could be seen as abandoning their Green Card status.

Returning to the U.S. without proper authorization can also cause issues for future immigration benefits.

Obtaining Another Country’s Citizenship:

While dual citizenship is allowed, in rare cases, acquiring another country’s citizenship may raise questions about your intention to remain in the U.S. as a permanent resident. If the U.S. government determines that you voluntarily gave up your permanent resident status by taking on another citizenship, your Green Card may be revoked.

However, simply acquiring another citizenship does not automatically result in the loss of a Green Card.

How to Protect Your Green Card Status:

Maintain U.S. Residence:

To maintain your Green Card status, it’s essential to live in the U.S. most of the time. If you must travel outside the U.S., keep your trips short, and apply for a re-entry permit if you plan to be abroad for an extended period.

Avoid Criminal Activity:

Stay on the right side of the law. If you are convicted of a crime that affects your immigration status, it could lead to deportation and the loss of your Green Card.

File Taxes Regularly:

Ensure that you file your U.S. tax returns each year, even if you live abroad. Failure to file taxes could raise concerns about your intent to live permanently in the U.S.

Report Changes in Address and Status:

If you move, update your address with USCIS. Regularly inform USCIS of any significant changes in your circumstances, such as marital status or employment.

Avoid Fraud:

Be truthful in all dealings with U.S. immigration authorities. Any false information or fraudulent applications can result in your Green Card being revoked.

Example:

A Green Card holder who decides to take a year-long job assignment in another country might face risk if they do not apply for a re-entry permit before leaving. Upon returning, they could be questioned about their intention to maintain U.S. residence. If it’s determined that they abandoned their permanent residency, they may lose their Green Card.

Conclusion:

While a Green Card grants permanent resident status in the U.S., it is not immune to revocation under certain circumstances, such as criminal convictions, abandonment of U.S. residence, fraud, or failure to meet U.S. tax obligations. To maintain your Green Card, ensure you comply with U.S. laws and regulations, respond to USCIS requests, and be mindful of actions that could indicate abandonment of your permanent resident status.