Obtaining a green card is a significant milestone for those who want to build a permanent life in the United States. However, misinformation can lead to serious legal consequences. Understanding the truth behind common myths can help you protect your immigration status.
Green cards are permanent
Many people believe that after securing a green card, their status is guaranteed forever. A permanent resident status can still be revoked for several reasons.
Committing certain crimes, abandoning your United States residency or engaging in fraud can result in losing your green card. You must also avoid extended absences from the United States. Staying outside the country for too long may indicate you have abandoned your residency.
Marriage guarantees automatic approval
Marrying a United States citizen does not guarantee a green card. Immigration officials carefully review each case for fraud. If you are applying based on marriage, you will need to prove your marriage is genuine through documentation and interviews. Fraudulent marriages can result in deportation and criminal charges under federal immigration law.
Green cards never expire
The physical card usually expires every ten years. Before expiration, you will need to file Form I-90 to renew it. However, if you hold conditional permanent resident status with a two-year card, you must submit Form I-751 (marriage) or Form I-829 (investors) within 90 days before the card expires.
Failing to renew your green card on time can create problems when traveling, getting a job or proving your legal status. While your permanent resident status may remain valid, you need a current card to demonstrate that status.
Green card holders can work anywhere immediately
While green card holders generally have work authorization, some limitations exist. Federal and state laws may restrict certain positions requiring security clearances or citizenship. If you plan to get your green card through employment sponsorship, changing jobs immediately after approval could raise questions. However, employment-based applicants may change employers to a “same or similar” job if Form I-485 has been pending for 180 days or more.
Green card holders have the same rights as citizens
Green card holders enjoy many benefits, but these are not identical to those of United States. citizens. For one, you cannot vote in federal elections and you may still face deportation for certain criminal convictions under the Immigration and Nationality Act. Moreover, green card holders may be subject to a five-year waiting period to qualify for federal means-tested benefits.
Protecting your future in the United States
Misinformation about green cards can have lasting consequences on your future in the United States. Each case involves unique circumstances that require careful analysis. If you are pursuing permanent residency, consider working with a knowledgeable legal professional. They can help ensure you understand your rights and responsibilities throughout the process.