It is worrying to see the wave of misinformation circulating about the rights of green card holders in the United States. These rumors cause unnecessary anxiety.
“Legal residents have rights here in the United States. They are protected by state and federal laws. They can petition for residency for certain family members. They can travel, leave, and enter the United States and access certain public benefits. Also, very importantly, they can apply for citizenship,” clarifies immigration attorney Rafael Borrás.
However, a misleading claim frequently circulating on social media is that green card holders with less than two years of residency automatically lose their status upon leaving the United States. This information is incorrect.
Legal permanent residents can generally travel abroad for up to 180 days without affecting their residency. Spending more time could raise questions upon re-entry, but it does not automatically lead to the loss of the green card.
Even in cases of extended stays, holders often have the right to appeal any adverse decision in immigration court.
Other misinformation claims that immigration agents allegedly deceive permanent residents into signing Form I-407, which is a voluntary surrender of their green card.
No officer has the authority to revoke permanent resident status. Only an immigration judge can do so. Permanent residents should never feel forced to sign any document without fully understanding its implications and ideally seeking legal advice.
It is also important to dispel other common myths about green cards:
Myth 1: You cannot be deported once you have a green card.
Truth: Green card holders can be deported if they commit certain crimes, engage in fraud to obtain their green card, or violate the terms of their residency.
Myth 2: Marrying a U.S. citizen automatically grants a green card. Truth: While marriage to a U.S. citizen provides a pathway, it is not automatic and requires an application process and evidence of a bona fide marriage.
Myth 3: Green cards last forever and do not need to be renewed.
Fact: Physical green cards have an expiration date (usually 10 years) and must be renewed to maintain valid proof of permanent resident status.
To ensure you have accurate information about your rights as a green card holder, always consult official sources such as:
- The U.S. Citizenship and Immigration Services website (WWW.USCIS.GOV): This is the primary government agency that oversees immigration and provides detailed information on all aspects of permanent residency.
- Reputable immigration attorneys: They can provide personalized legal advice based on your specific situation.
- Reputable nonprofit immigration legal service providers: These organizations often offer free or low-cost legal assistance.
Be wary of information shared on social media or through unofficial channels, as it can often be inaccurate and misleading. Protecting your permanent resident status means staying informed through reliable sources.
