US Lawful Permanent Resident: Your Guide to a Permanent Home in America
Author Name: Nahyan | uslawguide
Last Updated: June 29, 2025
For millions worldwide, achieving the status of a US Lawful Permanent Resident (LPR) represents the culmination of a long journey and the gateway to a new life in the United States. Commonly known as holding a “Green Card,” this status grants foreign nationals the legal right to live, work, and reside permanently anywhere in the U.S., while also serving as a critical stepping stone for those aspiring to full U.S. citizenship. Navigating the complexities of US immigration law to obtain and maintain LPR status requires a thorough understanding of the eligibility pathways, the associated rights and responsibilities, and the potential pitfalls that could lead to its loss. Many of the foundational legal protections applicable to LPRs trace back to the US Amendments Bill of Rights, while detailed procedural guidance is outlined by U.S. Citizenship and Immigration Services:Here.
What is a Lawful Permanent Resident (LPR)?
A Lawful Permanent Resident is an individual who has been granted authorization to live and work permanently in the United States. This status is evidenced by Form I-551, the Permanent Resident Card, universally known as a “Green Card” due to its historical green color. Unlike non-immigrant visas (such as tourist or student visas) which are temporary and tied to specific purposes, LPR status is intended to be permanent, reflecting an individual’s intent to make the U.S. their primary home. The US Amendments Bill of Rights provides many of the constitutional protections that also apply to lawful permanent residents. For additional details, see USCIS’s official guide on permanent residence:Here.
Pathways to Becoming a US Lawful Permanent Resident
US immigration law provides several broad categories through which foreign nationals can obtain LPR status. The most common pathways include:
- Family-Based Immigration: This is the most prevalent route, focusing on family reunification.
- Immediate Relatives of U.S. Citizens: Spouses, unmarried children under 21, and parents of U.S. citizens who are at least 21 years old. This category is not subject to annual numerical limits, meaning visas are generally available much faster.
- Family Preference Categories: These categories are for more distant family relationships with U.S. citizens and certain relationships with Lawful Permanent Residents. They are subject to annual numerical limits and often involve multi-year waiting lists:
- First Preference (F1): Unmarried sons and daughters (21 years of age or older) of U.S. citizens.
- Second Preference (F2A): Spouses and unmarried children (under 21) of LPRs.
- Second Preference (F2B): Unmarried sons and daughters (21 years of age or older) of LPRs.
- Third Preference (F3): Married sons and daughters of U.S. citizens.
- Fourth Preference (F4): Brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age or older).
- Employment-Based Immigration: For individuals whose skills and professions are needed in the U.S. labor market. These categories are also numerically limited:
- First Preference (EB-1): Persons of extraordinary ability, outstanding professors/researchers, and multinational executives/managers.
- Second Preference (EB-2): Professionals holding advanced degrees or individuals with exceptional ability.
- Third Preference (EB-3): Skilled workers, professionals (requiring a bachelor’s degree), and “other workers” (requiring less than two years of training or experience).
- Fourth Preference (EB-4): Certain “special immigrants” (e.g., religious workers, broadcasters, Iraqi/Afghan translators).
- Fifth Preference (EB-5): Immigrant investors who make significant capital investments in new commercial enterprises that create U.S. jobs.
- Diversity Visa (DV) Lottery Program: An annual program making up to 55,000 immigrant visas available to natives of countries with historically low rates of immigration to the U.S. Selection is by random drawing, and eligibility is based on country of birth and education/work experience.
- Asylum and Refugee Status: Individuals granted asylum or refugee status in the U.S. may apply for LPR status one year after their grant of asylum/refugee status.
- Special Immigrant Programs: Other, less common categories exist for specific situations, such as victims of trafficking (T Visas), victims of certain crimes (U Visas), or certain medical professionals.
The process of obtaining a Green Card typically involves two main steps:
- Petition Filing: A U.S. citizen or LPR relative, or an employer, files a petition (e.g., Form I-130 for family, Form I-140 for employment) with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign national.
- Adjustment of Status or Consular Processing: Once the petition is approved and a visa number is available (if applicable), the foreign national can either “adjust status” within the U.S. (if eligible) or apply for an immigrant visa through consular processing at a U.S. embassy or consulate abroad.
Rights of a US Lawful Permanent Resident
Upon becoming an LPR, individuals are granted a wide array of rights, fundamentally changing their legal standing in the United States. These rights include:
- Right to Live Permanently Anywhere in the U.S.: LPRs can reside in any state or city and move freely throughout the country.
- Right to Work in the U.S.: LPRs can work in any lawful occupation for any employer, without the need for specific work visas or sponsorships (though some high-security government jobs may be restricted to U.S. citizens).
- Right to Own Property: LPRs can own property in the U.S., including real estate.
- Access to Public Education: LPRs can attend public primary and secondary schools. For higher education, they may qualify for in-state tuition rates at public colleges and universities, significantly lower than international student rates.
- Eligibility for Certain Public Benefits: After meeting specific residency requirements and other criteria, LPRs may become eligible for certain federal benefits, such as Social Security, Medicare, and Supplemental Security Income (SSI). Eligibility and waiting periods vary by program and state.
- Protection Under U.S. Laws: LPRs are protected by all federal, state, and local laws in the U.S., including constitutional rights, ensuring access to courts and legal due process.
- Right to Travel Internationally: LPRs can travel outside the U.S. and return, generally without the need for a visa for re-entry. However, there are important rules regarding the duration of absence (see “Maintaining LPR Status”).
- Ability to Petition for Family Members: LPRs can petition for their spouses and unmarried children to also obtain LPR status, though these categories are subject to annual limits and potential backlogs.
- Pathway to U.S. Citizenship: One of the most significant rights is the ability to apply for U.S. citizenship through naturalization after meeting specific residency and other eligibility requirements.
Responsibilities of a US Lawful Permanent Resident
Along with these rights come significant responsibilities that LPRs must uphold to maintain their status and integrate into American society:
- Obey All Laws: LPRs are required to obey all federal, state, and local laws of the United States. Criminal convictions, especially for certain serious crimes, can lead to deportation and loss of LPR status.
- File Income Tax Returns: LPRs are obligated to file federal income tax returns and report their worldwide income to the U.S. Internal Revenue Service (IRS), as well as comply with state and local tax laws where applicable. Failure to do so can jeopardize LPR status.
- Support the Democratic Form of Government: While LPRs cannot vote in federal elections, they are expected to support the U.S. democratic form of government and refrain from engaging in activities that would seek to change the government through illegal means.
- Register with Selective Service: Male LPRs between the ages of 18 and 25 are required to register with the Selective Service System.
- Carry Proof of Status: LPRs aged 18 and older are required by US law to carry their valid Permanent Resident Card (Green Card) at all times.
- Report Change of Address: LPRs must notify U.S. Citizenship and Immigration Services (USCIS) of any change in their mailing address within 10 days of moving. This can be done online or by mail using Form AR-11, Alien’s Change of Address Card.
Maintaining Lawful Permanent Resident Status
LPR status, while termed “permanent,” is not absolute and can be lost or revoked under certain circumstances. Maintaining your Green Card requires adherence to specific guidelines:
- Maintain Residency in the U.S.: The U.S. must be your primary home. Extended absences from the United States can lead to a determination that you have “abandoned” your LPR status. Generally:
- Absences of less than six months usually do not raise concerns.
- Absences between six months and one year may raise a presumption of abandonment, which you might need to overcome upon re-entry by proving your intent to return.
- Absences of one year or more will typically result in the loss of your Green Card. To mitigate this, LPRs planning extended absences should apply for a Reentry Permit (Form I-131) before leaving the U.S. A Reentry Permit generally allows an LPR to remain outside the U.S. for up to two years without abandoning their status.
- Do Not Engage in Certain Criminal Activities: Convictions for certain crimes, particularly “aggravated felonies,” crimes involving moral turpitude, or drug offenses, can lead to removal (deportation) proceedings and the revocation of LPR status.
- Avoid Immigration Fraud: Obtaining an LPR status through fraud or misrepresentation (e.g., sham marriage, false claims) can lead to its revocation, even years later.
- Do Not Claim to Be a U.S. Citizen: Falsely claiming U.S. citizenship for any purpose (e.g., voting in federal elections) can lead to severe immigration consequences, including deportation and permanent bars from future immigration benefits.
- Do Not Fail to File Taxes: As noted, failure to file income tax returns or claiming non-resident alien status on tax returns can indicate an intent to abandon LPR status.
- Renew Your Green Card: While LPR status itself doesn’t expire, the Green Card (Form I-551) document typically has a 10-year validity period. LPRs must apply to renew their card before it expires using Form I-90, Application to Replace Permanent Resident Card. Conditional Green Cards (valid for two years, usually for marriage-based or investor-based LPRs) require filing a petition to remove conditions (Form I-751 or I-829) before their expiration.
Pathway to U.S. Citizenship (Naturalization)
One of the most significant benefits of LPR status is the opportunity to apply for U.S. citizenship through the process of naturalization. While not mandatory, becoming a citizen provides full civic rights, stronger protection against deportation, and expanded ability to petition for family members.
General eligibility requirements for naturalization include:
- Continuous Residence: At least five years as an LPR. This period is reduced to three years for LPRs married to and living with a U.S. citizen.
- Physical Presence: Actual physical presence in the U.S. for at least half of the required continuous residence period.
- Good Moral Character: Demonstrated good moral character during the statutory period.
- English Language Proficiency: Ability to read, write, and speak basic English.
- Civics Knowledge: Knowledge and understanding of U.S. history and government.
- Attachment to the U.S. Constitution: Loyalty to the principles of the U.S. Constitution.
Conclusion
Becoming a US Lawful Permanent Resident is a transformative step that opens up a world of opportunities in the United States. It grants significant rights, including permanent residency, work authorization, and access to education and benefits, while also serving as a clear pathway to full U.S. citizenship. However, this privileged status comes with vital responsibilities, and LPRs must diligently adhere to US immigration law and maintain their ties to the U.S. to ensure their continued right to call America home. Understanding these intricate details is paramount for any individual seeking to embark on or maintain their journey as a permanent resident in the U.S.
Frequently Asked Questions About US Lawful Permanent Residents
Q: Can a US Lawful Permanent Resident vote in federal elections? A: No. Lawful Permanent Residents do not have the right to vote in federal elections (presidential, congressional). Some local elections, however, may allow non-citizens to vote. To vote in federal elections, one must become a U.S. citizen through naturalization.
Q: How long can a Lawful Permanent Resident stay outside the U.S.? A: Generally, absences of less than six months are safe. Absences between six months and one year may raise questions about abandonment of status. Absences of one year or more will typically result in loss of LPR status, unless a Reentry Permit (Form I-131) was obtained before leaving.
Q: What is a “conditional” Green Card? A: A conditional Green Card is typically issued for two years to individuals who obtain LPR status based on marriage to a U.S. citizen (if the marriage is less than two years old at the time of approval) or through the EB-5 Immigrant Investor program. Before the two-year card expires, the LPR must file a petition with USCIS (Form I-751 for marriage, Form I-829 for investors) to remove the conditions and obtain a 10-year permanent Green Card.
Q: Do Lawful Permanent Residents pay U.S. taxes? A: Yes. Lawful Permanent Residents are considered U.S. residents for tax purposes and are required to file federal income tax returns and report their worldwide income to the IRS, just like U.S. citizens. They must also comply with state and local tax laws where applicable.
Q: Can a Lawful Permanent Resident lose their status? A: Yes. LPR status can be lost or revoked due to abandonment (e.g., extended absences from the U.S. without proper documentation), certain criminal convictions, immigration fraud, or falsely claiming U.S. citizenship. Only an immigration judge can formally order the removal of LPR status.
Responsible Disclaimer: This article provides general information about US Lawful Permanent Resident status. It is not intended as legal advice. US immigration law is complex and constantly evolving. The specific requirements, procedures, and implications for individuals vary significantly based on their unique circumstances. For personalized legal guidance regarding your immigration situation, eligibility for LPR status, or maintaining your Green Card, readers should consult a qualified immigration attorney licensed in their jurisdiction.