A Right or a Privilege: How to Keep (or Lose) Your Green Card/LPR Status

In the complex landscape of U.S. immigration law, few topics carry as much practical significance as the legal status of a Lawful Permanent Resident (LPR), commonly known as a green card holder. Though the green card grants the bearer many of the same rights and responsibilities as U.S. citizens, including the ability to live and work in the United States indefinitely, the fundamental question remains: Is permanent resident status a legal right, or a revocable privilege?

The answer lies at the intersection of statutory immigration law and constitutional due process protections—and reveals a system that confers significant benefits, but not without conditions.

Legal Permanent Residency:

Legal Permanent Residency is conferred under the Immigration and Nationality Act (INA), primarily codified in 8 U.S.C. § 1101 et seq. Green card holders are non-citizens authorized to reside permanently in the United States, and they enjoy a range of legal benefits, including:

• Authorization to work and reside indefinitely in the U.S.

• Eligibility to sponsor certain family members for immigration

• Access to public education and certain government benefits

• Protection under most U.S. laws, including labor and civil rights statutes

Despite the breadth of these entitlements, permanent residency is not equivalent to citizenship and does not confer political rights such as voting, nor does it protect the individual from removal (deportation) under certain circumstances.

The Nature of a Legal Right

In U.S. law, a right is a legally protected entitlement that cannot be arbitrarily denied or revoked. Constitutional rights—such as freedom of speech or protection against unlawful detention—are enforceable against the government and considered inviolable unless due process is strictly observed. Once granted, U.S. citizenship falls into this category and cannot be revoked without clear statutory grounds and procedural safeguards.

The Nature of a Government-Conferred Privilege

By contrast, a privilege is a benefit granted by the government at its discretion. While privileges may carry procedural protections once granted, they are not inherently guaranteed by the Constitution and may be limited, revoked, or denied by legislative or administrative action, provided due process is followed. Green card status falls under this umbrella.  

How Can a Green Card Holder Maintain Their Legal Permanent Resident Status?

Once you’ve obtained a green card, it’s essential to understand how to maintain your Legal Permanent Resident (LPR) status. Many green card holders lose their status not because of criminal conduct, but because they unknowingly violate immigration rules related to residency, travel, and documentation.

Here are the key steps every green card holder should take to preserve their status in the United States:

1. Maintain a Permanent Residence in the United States

To keep your green card valid, you must demonstrate intent to reside permanently in the U.S.

DO:

• Keep a U.S. address and driver's license.

• Pay U.S. taxes as a resident (even if living abroad temporarily).

• Maintain U.S. employment or demonstrate strong ties (family, property, etc.).

AVOID:

• Living abroad for long periods without taking proper steps.

• Declaring yourself a “nonresident” on tax forms.

• Registering to vote or voting in U.S. federal elections (this can trigger removal).

2. Avoid Extended Trips Outside the U.S.

Long absences can suggest that you have abandoned your residency. Here's how time abroad is typically viewed:

• Less than 6 months: Usually no issue, but keep records of your intent to return.

• More than 6 months but less than 1 year: May raise red flags; you could face questioning upon return.

• Over 1 year: Automatically presumed to have abandoned your LPR status unless you had a Reentry Permit or other valid reason.

TIP: If you know you'll be outside the U.S. for more than 6 months, apply for a Reentry Permit (Form I-131) before leaving. It shows you intend to maintain your U.S. residency and is valid for up to 2 years.

3. File U.S. Taxes as a Resident

Green card holders are required to file U.S. income taxes every year as residents, even if they earn income abroad.

Filing as a "nonresident alien" can be interpreted as abandonment of residency and may lead to removal proceedings.

4. Renew or Replace Your Green Card as Needed

Most green cards are valid for 10 years (2 years if conditional). You must file Form I-90 to renew a 10-year card before it expires.

If you have a 2-year conditional green card (usually from marriage or business investment), you must file Form I-751 (marriage) or Form I-829 (investment) to remove conditions within 90 days before it expires. Failure to do so may result in automatic termination of your status.

5. Stay Out of Criminal Trouble

Certain criminal convictions can make you deportable, even if they seem minor. Crimes involving moral turpitude, drug offenses, domestic violence, or repeated misdemeanors can all trigger removal proceedings.

If you’re arrested or charged with any crime, consult both a criminal defense attorney and an immigration lawyer immediately!

6. Don’t Claim to Be a U.S. Citizen

This is one of the most serious violations a green card holder can commit.

Do not:

• Register to vote

• Check “U.S. citizen” on job applications, student forms, or loan documents

A false claim to citizenship can result in permanent ineligibility for any future immigration benefits and immediate removal.

7. Apply for U.S. Citizenship (Naturalization)

After maintaining green card status for the required time (usually 5 years, or 3 years if married to a U.S. citizen), consider applying for naturalization. Becoming a U.S. citizen grants you:

• Protection from deportation

• Full legal and political rights

• Easier ability to travel and sponsor family

How Legal Permanent Residents Can Lose Their Status

Green card status, while durable, is not irrevocable. The Immigration and Nationality Act outlines several ways by which an individual may lose their LPR status:

1. Grounds for Removal (Deportation)

Under 8 U.S.C. § 1227, an LPR may be subject to removal if they:

• Commit certain criminal offenses, including aggravated felonies and crimes involving moral turpitude

• Engage in fraud or misrepresentation when obtaining the green card

• Pose a threat to national security

• Violate immigration laws, such as alien smuggling or falsely claiming U.S. citizenship

• Fail to remove conditions on residence (in the case of conditional green cards)

2. Abandonment of U.S. Residence

LPRs must maintain a permanent residence in the United States. Green card holders who:

• Remain outside the U.S. for extended periods (particularly more than 180 days)

• Establish a home or employment abroad

• Fail to file U.S. tax returns as a resident

...risk being found to have abandoned their LPR status. Upon re-entry, Customs and Border Protection (CBP) officers may refer the individual to removal proceedings.

3. Denaturalization and Loss of Citizenship

While this technically applies post-naturalization, it is relevant to LPRs seeking citizenship. If a green card holder obtains citizenship through fraud or misrepresentation, the naturalization can be revoked, potentially reinstating the individual’s LPR status—after which they may be subject to removal under the grounds that would have originally disqualified them.

Due Process and Procedural Safeguards

Even as a statutory privilege, permanent resident status cannot be revoked arbitrarily. Green card holders enjoy procedural protections under the Due Process Clause of the Fifth Amendment, which require that any removal or revocation be carried out through proper legal proceedings.

These protections include:

• Written notice of removal charges

• Right to a hearing before an immigration judge

• Representation by counsel

• Right to appeal to the Board of Immigration Appeals and, in limited cases, federal court review

This due process framework ensures that green card holders are not stripped of their legal status without justification or recourse.

Conclusion: A Privilege Protected by Law (but not a right)

While permanent residency in the United States carries significant rights and protections, it remains a privilege granted by federal law, not a constitutional guarantee. However, once granted, it comes with substantial legal protections, especially under the Due Process Clause. The status is safeguarded by due process, and the government must follow rigorous legal procedures to justify its removal.

In effect, green card holders occupy a unique legal space: they are not citizens, but their right to remain in the country cannot be rescinded lightly. The privileges they enjoy are substantial—but contingent. Navigating this status responsibly requires both awareness of the legal standards that apply and vigilance to ensure compliance with immigration laws.