Immigration Newsletter: Lawful Permanent Resident Rights And Responsibilities

An alien whose status has been adjusted to that of a lawful permanent resident (LPR) has certain rights and responsibilities under United States law as long as LPR status is not abandoned. Likewise, conditional residents, who have been granted status for two-year periods, receive the same rights and subject to the same responsibilities as LPRs.

What Rights Do I Have?
An LPR or conditional resident has most of the rights held by U.S. citizens, with only a few exceptions. Generally, these rights relate to living and working in the U.S., protections of U.S. laws, voting, traveling, and obtaining rights for their families to move to the U.S.

As an LPR or a conditional resident, an alien has the right to live and work permanently in the U.S., although the right to live in the U.S. may be lost by committing actions that would make the alien deportable. Additionally, an alien's right to work is quite broad, allowing choice of his or her profession, except for jobs that are limited due to national security concerns. An LPR or conditional resident is protected by all federal, state, and local laws, and he or she can even vote in elections, typically local in nature, that do not require U.S. citizenship.

After an alien has been granted LPR or conditional resident status, no advance permission is needed for trips one year or shorter in duration. Instead, the alien is usually only required to present a passport from his or her native country and his or her permanent resident card. Trips of more than one year but less than two years in duration require readmission at the port-of-entry at which the alien is returning. This requires a reentry permit.

The immediate family members of a permanent resident may be eligible for LPR status based on the permanent resident's petition, rather than their own petitions. This usually applies to the permanent resident's spouse and children.

What Are My Responsibilities?
With the additional rights granted to LPRs and conditional residents come several responsibilities relating to U.S. laws, taxes, and government. First, an LPR or conditional resident must obey all federal, state, and local laws. Also, he or she must know, at all times, the location of his or her permanent resident card and be able to show it to an immigration officer. Second, he or she must file proper tax returns with the federal government, as well as the state government of his or her residency. Third, an LPR or conditional resident may not try to change the U.S. government through illegal means. Finally, as with U.S. citizens, male LPRs and conditional residents must register with the Selective Service if they are between the ages of 18 and 25.

Can I Lose These Rights And Responsibilities?
The special rights and responsibilities granted to LPRs and conditional residents might be lost in several ways. A total abandonment of permanent resident status may be found if an alien moves to another country with the intent of living there permanently; remains outside the U.S. without obtaining proper returning documents, typically either a reentry permit or a returning resident visa; remains outside the U.S. for longer than two years without obtaining a returning resident visa; while living outside the U.S., fails to file tax returns; commits any acts that makes him or her deportable under U.S. law; or, on tax returns, declares nonimmigrant status.