Common Mistakes That Affect Lawful Permanent Resident Status (LPR)

Maintaining lawful permanent resident (LPR) status is crucial for those who wish to become U.S. citizens eventually. It is also essential to avoid jeopardizing your immigration journey. However, several common mistakes can jeopardize your LPR status and potentially delay or prevent you from reaching your immigration goals. This blog will cover common LPR mistakes and how they affect your LPR status. It also provides steps to avoid them, ensuring a smoother path to naturalization.

1. Abandoning Your Residence

One of the biggest mistakes an LPR can make is abandoning their residence in the United States. If you travel abroad for an extended period without U.S. ties, USCIS may view this as abandoning your permanent resident status. This can result in issues related to abandoning lawful permanent resident status. To avoid this:

• Limit Extended Travel: If you need to be outside the U.S. for more than six months, you should consider applying for a reentry permit to demonstrate your intent to maintain U.S. residency.
• Maintain Ties to the U.S.: Continue to file U.S. tax returns, keep a U.S. address, and maintain bank accounts and other significant ties to show that you intend to reside permanently in the country.

2. Failing to File Taxes as a Resident

Filing taxes as an LPR is not only a legal obligation but also an important way to demonstrate your ties to the U.S. Some LPRs make the mistake of filing taxes as a “nonresident” or failing to file taxes at all. This can lead to complications when applying for naturalization, as USCIS may view this as evidence of abandonment of residence.

• File Taxes as a Resident: Always file your tax returns as a U.S. resident. Filing incorrectly could negatively impact your LPR status and your eligibility for U.S. citizenship.

3. Criminal Activity

Engaging in criminal activities is one of the fastest ways to jeopardize your LPR status, with criminal activity affecting LPR status being a significant concern for many. Certain crimes can make you deportable or ineligible for naturalization.

• Avoid Any Criminal Conduct: Even seemingly minor offenses can have serious immigration consequences. It’s important to understand that crimes involving moral turpitude, drug offenses, or aggravated felonies can lead to deportation or make you ineligible for citizenship.
• Consult an Attorney: If you are facing criminal charges, consult an immigration attorney to understand the potential impact on your LPR status.

4. Failing to Update USCIS with Address Changes

LPRs are required to inform USCIS of any change of address within ten days of moving. Updating USCIS address as an LPR is crucial to ensure you receive all important correspondence. Failing to update your address can result in missed notices and complications in your immigration process.

• File Form AR-11: Use Form AR-11 to notify USCIS of your change of address. You can also update your address online through the USCIS website to ensure you receive important notices.

5. Misrepresentation or Fraud

Providing false information to USCIS or engaging in immigration fraud can lead to serious consequences, including the loss of your LPR status. Misrepresentation significantly affects LPR status.

• Be Honest in All Applications: Whether applying for a green card, reentry permit, or naturalization, always provide truthful and accurate information. Misrepresentation can lead to denial of benefits or even deportation.

6. Not Meeting Continuous Residence Requirements for Naturalization

To apply for U.S. citizenship, you must meet certain continuous residence and physical presence requirements. Understanding these requirements for LPR naturalization is essential to avoid delays in your application. Extended absences from the U.S. can disrupt these requirements and delay your eligibility for naturalization.

• Track Your Absences: Keep track of all trips outside the U.S. and ensure that none of your absences exceed six months without a valid reason or reentry permit.
• Avoid Long Absences: If you are absent for more than one year, it may reset your continuous residence requirement, requiring you to wait longer before applying for naturalization.

Conclusion

Maintaining your lawful permanent resident status requires careful attention to your actions and responsibilities. Avoiding these common mistakes that can affect your LPR status—abandoning residence, failing to file taxes properly, engaging in criminal activity, failing to update your address, committing fraud, and not meeting continuous residence requirements—will help you stay on track toward achieving your goal of U.S. citizenship. For personalized guidance, consider consulting immigration attorney Osas Iyamu, who can help you navigate the complexities of maintaining LPR status and ensure your path to citizenship is as smooth as possible.