Timeframes to Be Aware of to Maintain Your Green Card Status

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

As a Green Card (Permanent Resident Card) holder, you enjoy many rights and privileges in the United States. However, to protect these rights and maintain your legal status, it is crucial to follow specific rules and timeframes. The key to keeping your Green Card is to demonstrate the intent to reside permanently in the U.S. and return regularly within specified time limits. In this post, we’ll detail the important timeframes and conditions Green Card holders must follow to maintain their permanent resident status.

• Requirement to Maintain Intent to Reside Permanently in the United States
• Re-entry Permit
• Physical Presence Requirement in the US
• Obligation to file a tax return
• Green Card Renewal and Expired Cards
• Timeframes for Citizenship
• Address Notification Requirement
• Returning Resident Visa (SB-1 Visa)

If you have any questions beyond what is covered here, feel free to contact me via LinkedIn, the comments section of this post, or through the CK Law Firm website, where I am a co-founder.

1. Requirement to Maintain Intent to Reside Permanently in the U.S.

Having a Green Card gives you the legal right to live and work in the U.S., but staying outside the U.S. for an extended period can jeopardize this right. The U.S. government expects Green Card holders to live permanently in the U.S. If you stay outside the U.S. for more than six months, it may raise questions about your intent to reside in the U.S. If you remain outside the U.S. for more than six months but less than one year, this can lead to questions at the border about whether you have abandoned your permanent resident status. Staying outside the U.S. for more than one year puts your permanent resident status at significant risk.

If you remain outside the U.S. for more than two years, the chances of losing your Green Card increase significantly, and you may need to reapply for a new Green Card to re-enter the U.S.

2. Reentry Permit

If you need to stay outside the U.S. for an extended period (e.g., for work, education, or family reasons), it is recommended that you apply for a Reentry Permit from USCIS before your departure. This document allows you to remain outside the U.S. for up to two years while maintaining your intent to reside permanently. Applying for a Reentry Permit is highly advantageous in preserving your Green Card upon your return. However, even with this permit, you must maintain your ties to the U.S. during your absence.

3. Physical Presence in the U.S. Requirement

Green Card holders are expected to physically reside in the U.S. If you spend extended periods outside the U.S. without being physically present, U.S. Customs and Border Protection (CBP) officers may determine that you no longer intend to reside permanently in the U.S. To maintain your Green Card, you should maintain a U.S. address, employment, and file taxes. Simply entering and exiting the U.S. is not sufficient to meet this requirement.

Even for trips less than one year, you may need to prove your intent to reside permanently when you return. It is essential to keep strong ties to the U.S., such as maintaining an address or job and filing tax returns.

4. Tax Filing Obligation

Green Card holders must file taxes annually during their time in the U.S. Even if you live outside the U.S., you remain a U.S. taxpayer, and you must file a return regardless of your income. Failure to file taxes or claiming tax residency in another country can jeopardize your permanent resident status. Filing taxes with the IRS on time and accurately demonstrates compliance with your legal obligations and helps protect your status.

5. Green Card Renewal and Expired Cards

Green Cards are generally valid for ten years, and you must renew them before they expire. Even if your Green Card has expired, you do not lose your status, but it may cause difficulties when traveling or working. To renew your Green Card, you need to submit Form I-90 to USCIS. Expired Green Cards can create complications, particularly when traveling or seeking employment, so it’s essential to renew them promptly.

Conditional Green Card holders must be aware that their cards expire after two years. Before this expiration, they must apply for a permanent Green Card, or they risk losing their status.

6. Timeframes for Citizenship

Green Card holders who wish to become U.S. citizens must maintain permanent residence in the U.S. for a specific period. Generally, you must be a permanent resident for five years to apply for citizenship. However, if you are married to a U.S. citizen, this period is reduced to three years. Before applying, you must also have spent a certain amount of time physically in the U.S. Being outside the U.S. for more than 30 months during this time can negatively affect your citizenship application. It’s also essential to have a continuous U.S. address and maintain strong ties to the country when applying.

7. Address Reporting Requirement

Green Card holders are required to notify USCIS if they change their address. If you move within the U.S., you must notify USCIS of your new address within ten days. Failing to do so can lead to serious consequences and may result in the loss of your permanent resident status.

8. Returning Resident Visa (SB-1 Visa)

If you stay outside the U.S. for more than one year without a Reentry Permit and lose your Green Card, you may need to apply for an SB-1 (Returning Resident) Visa to return to the U.S. This visa helps you regain your permanent resident status, but the process can be time-consuming and challenging. U.S. consulates carefully review SB-1 visa applications, and you must prove your intent to reside permanently in the U.S.

Conclusion

Maintaining your Green Card status involves following essential timeframes and conditions. Staying outside the U.S. for long periods can put your permanent resident status at risk. When making travel plans, it is vital to obtain the necessary permits and maintain strong ties to the U.S. Renewing your Green Card before it expires, filing taxes correctly, and reporting your U.S. address are crucial obligations.

CK Law Firm provides professional guidance on how to maintain your legal status in the U.S. as a Green Card holder and advises on the timeframes required for citizenship applications. If you have questions about maintaining your Green Card, it’s advisable to consult an immigration attorney. For more information and consultations, please contact us at cklawfirm.org, via email at info@cklawfirm.org, or reach out through LinkedIn.

Who is Attorney Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.

Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.