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Understanding the Rights and Limitations of Green Card Holders

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Green card holders enjoy many rights and privileges in the United States, but there are also crucial limitations and responsibilities to be aware of. This guide will explore travel restrictions, risks of losing permanent residency, and how to handle encounters with immigration authorities.

Rights of Green Card Holders

  1. Permanent Residency and Employment
  2. Green card holders have the right to live permanently in the United States and work for almost any employer. While they are not yet citizens, they can still enjoy many freedoms and protections under U.S. law.
  3. International Travel

Permanent residents can travel outside the U.S. and return, but there are important restrictions:

    1. It is generally advisable not to stay outside the U.S. for more than six months to avoid complications upon re-entry.
    2. Some individuals returning after extended trips might receive a warning or even face removal proceedings for abandoning their residency.
    3. If you need to stay outside the U.S. for an extended period, applying for a Re-Entry Permit before leaving can help protect your status.
  2. Access to Health Benefits

Green card holders may qualify for healthcare programs like Medicaid after five years of residency. Becoming a U.S. citizen can provide access to additional benefits.

  1. Petitioning Family Members

Green card holders can petition for:

    1. A spouse and unmarried children under 21.
    2. Unmarried children over 21 (though wait times may be longer).

Limitations of Green Card Holders

Despite their many rights, green card holders face certain restrictions, including:

  • No Voting in Federal Elections – Only U.S. citizens can vote for the President and members of Congress.
  • Limited Access to Government Jobs – Many federal positions, especially those in law enforcement or national security, require U.S. citizenship.
  • No Jury Duty in Federal Court – Jury service in federal cases is typically reserved for citizens.
  • Military Service Restrictions – While some green card holders may serve in the military, opportunities may be limited based on status.

Risks That Can Lead to Losing a Green Card

  1. Criminal Convictions

Certain crimes can result in deportation, including:

    1. Controlled substance violations
    2. Domestic violence charges
    3. Crimes of moral turpitude (e.g., fraud, theft, aggravated assault)

If you have a criminal record and are considering applying for citizenship, consult an experienced immigration attorney first.

  1. Fraud or Misrepresentation

Providing false information on immigration applications can lead to loss of residency and removal proceedings.

  1. Extended Time Outside the U.S.
    1. Staying abroad for over six months may trigger suspicion of abandonment of residency.
    2. Staying outside for more than one year without a Re-Entry Permit can result in losing your green card status.

What to Do If Stopped by ICE

  1. Always Carry Your Green Card
    1. Keep your green card with you at all times.
    2. Keep a copy of it at home for backup.
  2. Know Your Rights
    1. If ICE stops you, you may show your green card to confirm your lawful status.
    2. If ICE is specifically targeting you due to a criminal record or immigration violation, seek legal assistance immediately.
  3. Hire an Attorney If You Are Detained
    1. If placed in removal proceedings, working with an experienced immigration lawyer is essential to defending your case before an immigration judge.

Final Thoughts

Understanding your rights and responsibilities as a green card holder is crucial to maintaining your lawful permanent residency. If you have concerns about your status, travel plans, or potential risks, consulting an immigration attorney can help protect your future in the United States.