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It is important to take into consideration that in general a resident status, also known as a Green Card or Residence, is only valid and granted for people that live or intend to live in the United States. There are certain exceptions for people temporary living out of the U.S. because they or their immediate family either work with the U.S. armed forces abroad, or are a civilian employee of the U.S. Government stationed abroad pursuant to official orders. In these type of cases, the spouse or child must not have relinquished residence, and be preceding or accompanying the member or employee, or be following to join the member or employee in the United States within a few months of his return. Another exception is for people that have a valid re-entry permit and are allowed to live outside of the United States temporarily for up to 2 years, with the intention to go back to live in the U.S. before the expiration of the re-entry permit.
As a green card holder you may leave the U.S. multiple times and re-enter, as long as you do not intend to stay outside the U.S. for 1 year or more, however leaving the U.S. for more than 6 months may already cause suspicious of your intent to abandon your residency. Your travel out of the U.S. must be temporary and you must be able to prove that you didn’t intent to abandon your Legal Permanent Residence in the U.S. If you stay outside of the U.S. for 1 year or more, the immigration officers may assume that you have abandoned your residence, and you may be found inadmissible and denied reentry into the U.S. Not being able to prove your temporary stay abroad may result in loosing your green card. To learn more about how to prove your temporary stay abroad order this guide now.
A Green Card or Permanent Resident Card, also called USCIS Form I-551, is evidence of your registration in accordance with U.S. immigration laws, and serves as proof of your immigration status as a U.S. lawful permanent resident with the right to live and work permanently in the United States. It is important to understand the difference between the card itself, and the status as a permanent resident. The card is just proof of your status, however even if you have a valid card you might be considered out of status, for example in the case that you abandoned your residence in the U.S. and moved to another country; also the opposite may happen as you might have an expired green card but still have a valid status as a legal resident of the U.S.
When your Green card is expiring your status is not expiring, just the proof of your status is what is expiring. You should renew your card to be able to prove that you are a legal resident with the right to live and work in the U.S., and to be in compliance with U.S. immigration regulations, but keep in mind that you are just renewing the card, not your status as a legal resident. Not having a valid Green Card may affect your ability to travel in or out of the U.S. If your green card was issued valid for ten years, and your green card is either expired or will expire within the next six months, then you may file an application to renew your permanent resident card with the USCIS. If a green card doesn’t have any expiration date, then it is probably a very old version and it may no longer be valid, therefore it is recommended to renew it. If you became a permanent resident before you turned 14 years old, you are required to replace your green card once you become 14 years old.
If you are a Conditional Resident, and your conditional green card is expiring, then do not use the regular USCIS form to renew your Green Card. Instead you must file a Petition to Remove the Conditions on Residence to receive a permanent Green Card (Joint Petition to Remove Conditional Basis of Alien’s Permanent Resident Status). If your green card was obtained through marriage then you and your husband are required to file jointly to remove the conditions on your green card, to receive a permanent resident card. If your green card was obtained through investment then use a petition to remove conditions on your green card to be sent a new Permanent Resident Card valid for 10 years. To find out links to access the instructions and forms to remove the conditions on your card by ordering this set of Answers to Frequently Asked Questions and application information.
Some Green Card Holders may be able to e-File online to renew their Green Card, others may have to file a paper form to renew a Green Card. Download this Guide to learn more about the application process, the required Fingerprint biometrics appointment and/or photos to be taken at the USCIS Application Support Center for biometrics processing. In addition you will have access to a set of Answers to Frequently Asked Questions including application information, how to eFile, instructions, and forms to renew your Green Card.
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