Green Card Holders Abroad: Protecting Your Status and Avoiding Surprise Removal.

Permanent residents continue to have all the same rights:

• permission to live and work in the United States

• eligibility for certain public benefits

• right to travel within the United States and abroad

Your green card is proof of your status. If you lose it or it expires, you are still a permanent resident. Permanent Residence is a status – only an immigration judge can take away your permanent residence.  Do not sign anything to give up your status without seeing a judge.

TRAVEL: Permanent residents can travel freely, but remember:

• It is always safest to travel outside of the United States for less than 6 months at a time.

• Generally, permanent residents are allowed to visit but not live in another country. Speak with a lawyer if you need to relocate abroad or be out of the country for more than 6 months.

• If you have a criminal record, especially since becoming a permanent resident, consult an attorney before leaving the United    States.

• Travel with a valid green card.

• Upon return to the United States, do not sign a Form I-­‐407 giving up your permanent residence, even if an immigration agent pressures you. Ask to speak with an attorney and see a judge.

CRIMES:  Permanent residents can lose their status if convicted of certain crimes.   However, only an immigration judge can make this decision. An immigration officer cannot deport you if you ask to speak with a judge.

If you have been convicted of a crime, especially since becoming a permanent resident, ask an immigration attorney about how it might impact your status. You may be eligible:

(1) for a waiver of that crime or some legal defense in immigration court and/or

(2) to apply to have your criminal record cleaned up so it won’t impact your status.

Even if marijuana is legal in the state where you live- it is still a federal crime to possess it. Never discuss any conduct involving marijuana with an immigration agent unless an attorney advises you to do so.

CITIZENSHIP: Only citizenship can completely protect you against deportation! If you are eligible for citizenship apply now, don’t delay.  You can apply for citizenship after five years as a permanent resident (or three years if you are married to a U.S. citizen). 

Dual Filing: Removing Conditions & Pursuing Citizenship

Many conditional residents in the United States wonder if they can begin the citizenship process while their petition to remove the conditional residency status is still pending. The answer is yes—under certain circumstances, you can pursue both at the same time. However, it’s crucial to understand how these processes interact and what to expect along the way.

A conditional resident card is generally valid for two years. Before it expires, you must request to remove those conditions to obtain a standard resident card. Meanwhile, you may also qualify to seek citizenship—depending on your length of residence, marital status, and other eligibility factors.

Given the potential overlap, some individuals find themselves filing the paperwork to remove conditions while also starting the citizenship application. This dual approach can shorten the wait time to become a citizen if everything goes smoothly. However, both filings must meet specific legal requirements.

Key Considerations

1. Eligibility Timing: Before applying for citizenship, ensure you’ve met the requisite residency, marriage duration,  and continuous presence criteria. If you apply prematurely, you risk denial or delays, this is a very detailed process.

2. Supporting Evidence: Prepare thorough, up-to-date documents for both processes. For example, if you’re removing conditions based on marriage, continue to show evidence that the marriage is genuine and ongoing.

3. Interview & Processing: If you have an interview, you may be asked about both the conditional residency and citizenship matters. Be ready to discuss how you’ve met all necessary requirements and provide any additional records if requested.

4. Professional Guidance: While many individuals manage these steps on their own, complex or unforeseen issues can arise.  Working with an attorney can help clarify questions, avoid missteps, and streamline the overall process.

   
   

Pursuing removal of conditional residency and applying for citizenship at the same time can be an effective strategy for those who qualify. By staying organized, meeting each requirement, and anticipating potential delays, you can set yourself up for a smoother path to permanent residency and ultimately U.S. citizenship.