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Law Office of Jessie M. Thomas

Protecting your permanent residency is important. For many, the process of obtaining lawful permanent resident (“green card”) status can be a complex and challenging effort. Having a green card can provide certainty and peace of mind that you can live and work permanently in the United States. However, your permanent resident status can be revoked under certain scenarios. There are potential acts that could cause you to lose your green card.

Acts That Could Make You Removable (Deportable)

• Certain Arrests and Convictions
  Committing certain crimes can have devastating consequences for permanent residents, including the loss of a green card and deportation. Drug offenses (including marijuana), domestic violence crimes, firearms offenses, and other crimes involving “moral turpitude” (a general term to describe acts that are morally reprehensible and intrinsically wrong) are a few examples of crimes that could make you deportable. It is critical that you speak with an attorney before admitting guilt to any crime. And you should seek the advice of an immigration attorney to understand how an arrest will affect your immigration status before the criminal case is completed.
• Failing To Remove Conditions on Permanent Residency
  Certain noncitizens may receive a conditional green card that is valid for a period of two years. Failure to remove the conditions on a green card can result in the termination of conditional residency and possible deportation. Therefore, it is important to monitor the expiration date of the conditional green card. And you should follow the process for removing the conditions correctly.
• Falsely Claiming To Be A U.S. Citizen
  Noncitizens, including permanent residents, who claim to be U.S. citizens, whether in writing or not, are subject to removal from the United States. A false claim to U.S. citizenship is a serious violation of law and can have extreme and devastating immigration consequences. Waivers of this ground of removability are rarely, if ever, granted.

Lengthy Absence From the United States

• Abandonment of Permanent Residence
  Green card holders who remain outside of the United States for long periods of time risk a determination that they have abandoned their permanent resident status. In general, trips outside the United States for less than six months are permitted. A trip of six months to one year may trigger increased scrutiny at the border, and the permanent resident should have a reasonable explanation for the lengthy trip. Trips of one year or more will likely result in a determination that you have abandoned your permanent resident status unless you have obtained pre-approval for the extended absence through a document known as a re-entry permit.

Questions About Protecting Your Permanent Residency Status?

Looking for assistance removing conditions on your Green Card? Planning to be outside the United States for more than six months? For help with protecting your permanent residency status, request a free immigration consultation with immigration attorney Jessie M. Thomas.

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People often wonder why some immigrants do not come to the United States legally. Or why they do not just apply for citizenship while living here illegally. They are failing to understand the real issue: there is no “path” available for currently undocumented immigrants. And, the “regular channels” often do not provide a “path” for soon-to-be immigrants who enter the United States via unauthorized channels.

No “Path” exists for most undocumented immigrants.

Immigration to the United States is typically limited to three different channels: Family Reunification, Employment, or Humanitarian Protection. Each of these channels is greatly regulated, and subject to annual limits and eligibility requirements. The result is many undocumented immigrants do not have the necessary family or employment relationships. And most are unable to access humanitarian protection, such as refugee or asylum status.

Therefore, no matter how long these undocumented immigrants have been in the United States, they have no way of achieving legal status.

Family-Based Immigration

Family-based visas are unavailable to any undocumented immigrant who does not have a qualified relative. Or who fails to meet family-based immigration eligibility requirements.

Employment-Based Immigration

Very few undocumented immigrants are eligible for employment-based visas. In addition, competition for these is tremendous. This means that for most undocumented immigrants, these visas are unavailable to them. Regardless of their skills or desire to work in the United States legally.

Humanitarian Protection

Most undocumented immigrants are ineligible for asylum because the law usually requires that someone file for asylum within one (1) year of entering the United States.

Even where a “Path” exist there are lengthy backlogs and waits.

In those cases where an undocumented immigrant does have a qualifying relative or employer that might provide a “path” to a visa, countless numbers of these immigrants are not able to benefit from the process for years. Some immigrants from some countries must wait decades.

Diversity Immigrant Visa Program

If an individual wishing to immigrate to the United States does not qualify for family, employment, or humanitarian reasons, they may have the Diversity Immigrant Visa Program lottery as a legal path to citizenship. To qualify, applicants must have a high school education and two years of job experience. Since millions of people around the world apply each year, the chances of obtaining a visa through the lottery are extremely low.

Conclusion

Undocumented immigrants who want to become citizens of the United States cannot just “follow a path”. Although there are some paths, many hopeful would-be permanent legal residents are not eligible to be on any of these paths. Even if the undocumented immigrant does meet the legal requirements to immigrate, the wait can be very long if the individual is applying from a country with a long backlog of applications.

Questions About Family-Based Immigration?

The pathways for undocumented immigrants are for the most part non-existent, or at best difficult and include long wait times. However, there are well-defined paths for bringing immediate family members to the United States as Legal Permanent Residents. These include a spouse, child, or parent. If you or a family member have any questions about Family-Based Immigration, speak with a qualified immigration lawyer. Request a free immigration consultation with immigration attorney Jessie M. Thomas today.