A Lawful Permanent Resident (LPR) is a non-U.S. citizen who has been granted authorization to live and work permanently in the United States. Evidence of this status is generally provided through a Permanent Resident Card, commonly referred to as a Green Card.
A Green Card contains important identifying information, including the holder’s biographical details, photograph, and other security features. Most Permanent Resident Cards are valid for ten years and must be renewed before expiration. Lawful permanent residents may work legally in the United States, own property, pursue educational opportunities, and receive many legal protections available under U.S. law. However, certain rights and benefits remain available only to U.S. citizens. The Immigration and Nationality Act (INA) classified the non-citizens to get LPR status based on the following categories;
- Immediate relatives of U.S. Citizens
- Family-sponsored preferences
- Employment-based preferences
- Refugees and Asylees
- Diversity
- Other
LPRs are also known as immigrants, permanent resident aliens, and green card holders. The application process and its related cost vary for each category of immigration. Whereas the timeline of getting a green card depends upon the nature of the green card and the applicant’s country of birth.
Lawful permanent residents may generally travel internationally and return to the United States. However, extended absences outside the country may affect permanent resident status and could raise questions about whether residency has been abandoned. Permanent residents who anticipate remaining outside the United States for an extended period may apply for a Re-entry Permit by filing Form I-131, Application for Travel Document. A Re-entry Permit may help demonstrate that the individual intends to maintain permanent residence in the United States while temporarily residing abroad. The re-entry permit can be attained by filing form I-131 (advance parole travel document) to prove the LPR’s tie to the U.S. The following documents are required to submit along with Form I-131;
- Proof of the reason for planned absence from the U.S.
- Documentary evidence to highlight the intention to return to the U.S.
- Evidence of LPR stays in the U.S. when applying for LPR status
- Copy of LPR’s permanent resident card
- Original Re-entry Permit (if not expired yet)
- Proof of filing the tax return
- Proof of LPR’s association with the U.S. includes bank statements, driver’s license, asset ownership, etc.
Presence in the United States When Filing Form I-131
Applicants must generally be physically present in the United States when filing Form I-131 and when completing required biometric services, if scheduled. USCIS will notify applicants if a biometric appointment is necessary. Biometrics is intended to collect digital fingerprints and photographs by the USCIS. For any reason, if LPR is forced to leave the U.S. before the biometric date, he/she must postpone the biometric and reschedule it after returning to the U.S.
What to expect after filing the I-131?
After Form I-131 is submitted, USCIS generally issues a receipt notice confirming acceptance of the application. USCIS may also schedule a biometric appointment and, if additional documentation is needed, may issue a Request for Evidence (RFE). Processing times vary depending on the type of travel document requested and individual case circumstances.
LPR may also benefit from becoming a U.S. citizen after fulfilling the specific requirements announced by USCIS. Adjustment of Status is the process through which certain eligible individuals already present in the United States may apply to become lawful permanent residents without leaving the country. Adjustment of status doesn’t restrict the LPR from holding the citizenship of another country.
Rights of Lawful Permanent Resident (LPR):
According to immigration law and regulations, lawful permanent resident (LPR) enjoys the following rights;
- To live freely and permanently in the United States having good moral character reflecting that they didn’t commit any action to make him deportable under section 237, INA.
- To work in the U.S. legally and independently as per the required qualification and competency level.
- To enjoy legal protection provided by the U.S. government.
- To live and establish residence anywhere in the United States, subject to applicable laws and regulations.
- To participate in civic activities permitted under local laws, although voting in most federal, state, and local elections is generally restricted to U.S. citizens.
Responsibilities of Lawful Permanent Resident (LPR):
Being a green card holder, they are responsible for performing the following activities;
- File income tax return as a U.S. resident.
- Follow the state rules and law.
- Obey all federal, state, and local laws and respect the principles of the U.S. Constitution.
- Most male permanent residents between the ages of 18 and 25 are generally required to register with the Selective Service System.
- All U.S. permanent residents are required to hold Social Security numbers.
- Report USCIS about the change of address within 10 days of the move through the Form AR-11 (Change of Address).
Permanent resident status may be considered abandoned if an individual permanently relocates outside the United States or demonstrates an intention not to maintain U.S. residence. When evaluating abandonment issues, immigration authorities may consider factors such as the purpose and duration of travel abroad, evidence of continued ties to the United States, and the individual’s intent to return and maintain permanent residence. Otherwise, there are various pathways to regain the LPR status after fulfilling the requirements specified by USCIS and the State Department.
References:
- Lawful Permanent Residents (LPR). Available from: https://www.dhs.gov/immigration-statistics/lawful-permanent-residents [02 February 2022].
- Lawful Permanent Residents (LPR). Available from: https://www.law.cornell.edu/wex/lawful_permanent_resident_(lpr) [02 February 2022].
- Citizenship and Immigration Statistics: U.S.: Lawful Permanent Residents. Available from: https://data-planet.libguides.com/c.php?g=398867&p=2710281 [02 February 2022].
- Lawful Permanent Resident Admission for Naturalization. Available from: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2 [02 February 2022].
- What is the Difference Between U.S. Permanent Resident Status and U.S. Citizenship? Available from: https://www.wsmimmigration.com/immigration-resources/faqs/what-is-the-difference-between-u.s.-permanent-resident-status-and-u.s.-citizenship/ [02 February 2022].
- A guide for Lawful Permanent Residents. Available from: https://hirschlaw1.com/a-guide-for-lawful-permanent-residents/ [02 February 2022].
- Permanent Residence (Green Card). Available from: https://internationalcenter.umich.edu/fsis/pr [02 February 2022].
- What Is a Permanent Resident? Available from: https://isso.ucsf.edu/permanent-resident [02 February 2022].