“How to” guide: green card – then what?

Are you one of the lucky green card winners? If you are: congratulations. If not, we’ll keep our fingers crossed for you. Or maybe you have an EB5 investor visa or you’re married to an American: whatever you’re situation is, the following rights and obligations apply to it:

What is the difference between the “conditional” and “permanent” green card status?

In case you have received a green card as a so-called “conditional resident” with a validity of two years, you have to apply to remove the conditions on your residence and achieve a permanent status before the end of the two years, otherwise your status will expire. This only applies if you obtained a green card by marrying a US citizen.

Permanent green card: your obligations

A permanent green card will initially be issued for a period of ten years. You have to apply for a new green card if your name or other biographic information has been legally changed, or if your card was lost stolen, or destroyed. At least six months before your green card expires, you have to apply for a new one at the USCIS. As a resident alien, you are required to have the card on you at all times. In addition, you must inform the USCIS immediately about any address changes within the US. As a resident alien or permanent resident you must adhere to US law, support the democratic form of government and you are required to report your worldwide income to the US Internal Revenue Service. Some countries have double tax agreements with the US to avoid double taxation.

Permanent green card: your rights

As a green card holder, you have all the rights a US citizen has – for example to permanently live and work in the US and to be protected by all the laws of the US, as long as you don’t commit any crimes that would lead to losing your green card and being deported. You may travel freely outside the US; usually, all you will need to be re-admitted into the country is your passport from the country of citizenship and your green card. You may go into business for yourself, attend college or university for lower fees, and even as a pensioner stay as long as you like, which is not possible without a green card.

Residence in the US

According to US law, you have to actively maintain your “legal permanent residence” status (LPR) and your permanent place of residence in the US. This means that extended absence from the US or failure to file your tax return in the US can be interpreted as relinquishing your green card status. If you are absent from the US for more than one and up to two years, you have to apply for a re-entry permit for the US, or if you are absent for more than two years, you will have to obtain a returning resident visa. We will be happy to assist you with any questions you might have on maintaining your green card, for example if you won the green card lottery but don’t want to emigrate immediately.

US citizenship

After five years in the US you have the right to apply for US citizenship. You have to be at least 18 years of age and you must be a person of “good moral character” able to read, write and speak English and have basic knowledge of the history and the form of government of the US, according to the rules and regulations. If your country does not allow dual citizenship, you will in most cases automatically lose your original nationality. If you wish to maintain your original nationality, please discuss this with your consulate. Once you have obtained US citizenship, by the way, you may stay in the US or travel abroad for extended periods of time.