Visa dictionary

INTRODUCTION

Our consulting service is mainly focused on helping you to obtain a permanent residence permit for the US as easily as possible. Today we will look at rights and obligations that come with a green card. We will also inform you about what to do in case your card is lost or stolen.

CONDITIONAL PERMANENT RESIDENCY

In case you have obtained your permanent residency through marriage to a US citizen or an investment (EB-5 status), the green card will initially be issued on a conditional basis. This would be the case, for example, if you have been married for less than two years by the time your immigrant status is approved. If this should apply to you, your residency will be revoked if you don't submit the "petition to remove conditions of residency" in good time. You have to submit this petition 90 days before the end of the two-year deadline.

YOUR RIGHTS AND OBLIGATIONS

As a Legal Permanent Resident or Resident Alien you can stay in the US for an unlimited time and are free to engage in employment - irrespective of whether you are working as an employee somewhere or are self-employed. There just a limited number of jobs, e.g. in government service or security-related fields that may be reserved for US citizens. Basically, you have all the rights that a US citizen has. There are just a few exceptions to this. With the exception of a few regions in the US, you will not be allowed to participate in local elections, gubernatorial elections, or elections for Congress or the House of Representatives. If you try anyway, you might be deported. The same applies if you are convicted for a crime.

It is a widespread misconception that you are only a green card holder after the actual card has been sent to you. Actually, you already have green card status as soon as you have successfully entered the US.

So please keep in mind that you may be liable to pay tax from day one - in case you are earning an income in the US - but at least will have to file a tax return, even with a zero income. We point this out because in our talks with customers we frequently observe that a lot of people don't do this. You still have to file a tax return in case you have stopped working and are living off your capital. US immigration and the internal revenue services have a very efficient way of exchanging data and the same applies to the German authorities and their US counterparts. We will come back to the issue of taxes in today's How To section.

TRAVEL

With your green card you can leave and enter the US without any further visa. You only need your passport and the still valid stamp I-551.

PLEASE NOTE: Persons who are still waiting for their green card can have their stamp extended with their form I-90 at their local immigration office in the meantime. The officials there may ask you some questions about your current green card status. By the way, if upon entering the US for the first time you already know that you will spent a longer time outside the US, it is advisable to apply for a "travel document," also called "re-entry permit." However, this document needs to be carefully prepared, there are some pitfalls that are difficult to spot for non-experts. We ill be happy to provide you with further information about how to demonstrate the maintaining of your status, upon request.

GIVING UP YOUR GREEN CARD

Lately we have been receiving some questions about ways to give up a green card. They are from customers who don't see a long-term possibility to emigrate to the US. Our advice: if you definitely know that you won't be immigrating into the US, you have the option of returning your card. The advantage is that it can no longer be revoked at the airport in case the officials declare your status expired. This could create problems if you later want to enter the US as a tourist. There is a special procedure for returning a green card. The experts in our visa department will be happy to provide you with more detailed information.

The service is free or American Dream customers, we will be happy to explain our consultation fees to anyone else.

NATURALIZATION

In case you want a US passport, German customers now also have the option of keeping their German passport, according to the new immigrants act. For Switzerland, there's an agreement with the US anyway, allowing dual citizenship. We highly recommend this measure, because it will help you avoid any problems with admission. You can also help your lose relatives immigrate into the US a lot faster than you could as a green card holder.

In order to become a US citizen, you must undergo a naturalization process. There a number of requirement s for that. One very important requirement is that you must have lived in the US for at least five years. In the case of marriage to a US citizen, this is reduced to three years. You must have spent a total of half this time inside the US. Longer absences from the US could mean that you are not living there permanently. If you have spent more than six months a year outside the US, you may already have lost your right of application. By the way, the application itself should be submitted 90 days prior to the end of the five or three year-period.

THE GREEN CARD

As you will notice soon, the green card isn't actually green anymore. That was the color in the 50s and the nickname has stuck. It is important to point out that the above mentioned I-551 stamp is already just as important as your future plastic card. So you don't have to wait with exercising your rights until the US authorities send you the actual document. The only difference is that your stamp must be renewed after one year in case the card hasn't arrived by then and that the Resident Alien Card - that is the green card's real name - only has to be renewed after ten years (not your status!). In addition, you may also use this to obtain a Social Security Card or a driver's license.

ADDRESS CHANGES

Please inform the Bureau of Citizenship and Immigration immediately about any address changes with form AR-11 (we wrote about this). This is not necessary for your initial address in the US. PLEASE NOTE: Updating your address changes regularly (we recommend you also make a copy for your own files) might be vital for actually receiving your green card. Otherwise it may be sent back and you will need months to find out where it is.

RENEWAL AND REPLACEMENT

After ten years, your green card's validity expires automatically (not your status!). You can already apply for the renewal/extension six months before expiration. This also happens with a special form, the I-90. It has to be submitted together with the following forms: your former green card (I-551), a fee of $130, two identical color photos, no older than 30 days. Please write your Alien Number (A# ... ... ...) in block capitals. In the majority of cases you can send your applications directly to the appropriate BCIS Application Support Center (ASC). In case they cannot accept your application, contact your local BCIS office. Outside the US you can also contact your appropriate US consulate general or your BCIS office (for Germany: Frankfurt on Main).

Apart from green card renewal, the I-90 can also be used for other purposes, such as reporting loss or name changes. In the first case, please include proof of your identity (copies of your passport, Social Security Card or Tax Identification Number). In the case of name changes please include official documentation about this.

We will be happy to answer all your questions and provide you with information. Best use the contact form on our website.