Lawful Admission: Permanent Resident Status Explored

Permanent residents, also known as LPRs (lawful permanent residents), are required to present a valid, unexpired Form I-551, Permanent Resident Card, or green card, when seeking admission into the United States. An LPR returning to an unrelinquished domicile in the United States may not require a visa if they possess Form I-551, valid or expired. To establish that an applicant was lawfully admitted for permanent residence, they must have met all the requirements for admission as an immigrant for adjustment of status. An LPR commuter who has been out of regular employment in the United States for a continuous period of 6 months will be deemed to have lost residence status. There are more than 30 situations in which an immigrant is entitled to presumption of lawful admission for permanent residence.

Characteristics of Lawful Permanent Resident Admission

Lawful Permanent Resident (LPR) status obtained by fraud or misrepresentation

Lawful Permanent Resident (LPR) status is a key step towards US citizenship for many immigrants. However, if an applicant obtained LPR status through fraud or misrepresentation, they are not eligible for naturalization. This includes misrepresentation or concealment of facts about their immigration history, such as a false A-file number or removal order. If an applicant uses fake or fraudulently obtained identity documents to secure an immigration benefit before becoming an LPR, they are not eligible for naturalization.

Marriage fraud is a common form of misrepresentation. This occurs when an individual marries solely to obtain an LPR or a green card. In such cases, even if the marriage is valid and the individual remains married, they are not considered to have obtained their green card legally and are ineligible for citizenship. USCIS may also review if a couple entered the marriage in good faith or solely for immigration purposes. If the marriage is deemed not genuine, the applicant's LPR status becomes unlawful, and their naturalization application will be denied.

In some cases, applicants can apply for waivers. For example, if there is evidence of extreme hardship to a US citizen or LPR family member, a waiver may be granted. USCIS may also consider an applicant lawfully admitted for permanent residence, despite errors, for INA 318 purposes.

In general, if an applicant became an LPR before September 30, 1996, they would still be considered lawfully admitted for permanent residence even if they would have been found inadmissible under IIRIRA. An LPR returning to an unrelinquished domicile in the US may not require a visa if they possess Form I-551, valid or expired, and are returning to a permanent residence in the US after temporary employment abroad.

LPRs commuting from contiguous foreign territory

LPRs, or Lawful Permanent Residents, are typically required to present a valid, unexpired Form I-551 (also known as a "green card") when seeking admission into the United States. However, there is a specific subcategory of LPRs known as "commuter LPRs" or "commuters". This status allows LPRs to reside in a foreign contiguous territory (specifically Canada or Mexico) and commute to their place of employment in the United States. This status is only available to LPRs living in Canada or Mexico. who are employed in the United States and who have not been absent from their job for more than six months. If an LPR commuter has been out of regular employment for more than six months, they will lose their LPR status unless they can demonstrate that their absence was due to reasons beyond their control or that they worked 90 days in the United States in the 12 months before their application for admission.

Commuter LPRs are considered special immigrants under the Immigration and Nationality Act (INA) when returning from a temporary visit abroad. This classification dates back to April 1, 1927, when the then-Bureau of Immigration issued General Order No. 86, which required commuters to gain admission as immigrants before they could have border crossing privileges. The order stated that "aliens who have complied with the requirements of this General Order governing permanent admission will be considered as having entered for permanent residence."

LPR commuters are required to carry a Commuter Status Card (Form I-178) when travelling across the border, which is valid for six months and must be renewed with Customs and Border Protection (CBP). To take up commuter status, LPRs must use the Application to Replace Permanent Resident Card (Form I-90). When submitting Form I-90, LPRs must provide evidence of their U.S. address, such as a lease agreement, property deed, or utility bill dated within the previous six months. It is important to note that commuter LPRs cannot petition for citizenship or confer status onto a spouse or child and must take up an actual place of residence in the United States if they wish to do so.

LPRs and the retention of permanent resident status

An LPR, or Lawful Permanent Resident, is a person who has been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. LPRs are required to present a valid, unexpired Form I-551, Permanent Resident Card (also known as a "green card"), when seeking admission into the United States. This card can be used in conjunction with a national passport and any other necessary documentation to board a U.S.-bound flight and apply for admission into the country.

LPRs may need a variety of consular services, such as a boarding foil for a lost, stolen, expired, or destroyed/mutilated Form I-551, or the filing of a Returning Resident (SB-1) visa application. A boarding foil is a temporary solution, valid for up to 30 days, that serves as evidence of the traveller's status as an LPR and prevents air carriers from being penalised under INA 273(b). It is important to note that a boarding foil does not replace the expectation for a traveller to present a valid passport or other valid travel documents upon arrival.

LPRs who cannot return to the United States within the validity of their Form I-551 may apply for an SB-1 visa at a U.S. embassy or consulate. Additionally, LPRs who have been lawfully admitted for permanent residence may reside in foreign contiguous territory (Canada or Mexico) and commute to their place of employment in the United States. However, an LPR commuter who has been out of regular employment in the U.S. for a continuous period of 6 months will be deemed to have lost their residence status, unless they meet certain exceptions.

To retain their LPR status, individuals must comply with the immigration laws in effect at the time of their initial admission or adjustment. Any LPR who obtained their status by fraud, willful misrepresentation, or other unlawful means may be deemed ineligible for naturalisation according to INA 318. Furthermore, certain acts, such as those related to terrorism (TRIG), may result in the denial of naturalisation applications, even if they occurred before obtaining LPR status or before the relevant inadmissibility ground existed.

LPRs and the abandonment of LPR status

Abandoning LPR status can have serious implications, including ineligibility for naturalization. LPR status is abandoned when an individual demonstrates an intention to relinquish their U.S. residency upon departing the country. While LPRs are allowed to travel internationally, specific characteristics of their trips can raise concerns about potential abandonment. For example, an extended stay abroad may be considered a sign of abandonment. Other actions, such as establishing connections outside the U.S., participating in foreign elections, or claiming "nonresident alien" status for tax purposes, can also be interpreted as signs of abandonment.

USCIS presumes that an applicant who claimed special tax exemptions as a "nonresident alien" has lost LPR status through abandonment. However, the applicant may overcome this presumption by providing acceptable evidence that they did not abandon their LPR status. LPRs who seek to abandon their status are not required to record it by executing Form I-407. Therefore, an applicant may still have abandoned LPR status despite the absence of a Form I-407 in their immigration record.

To maintain LPR status and ensure a smooth naturalization process, it is crucial to understand the complexities of LPR abandonment and the evidence USCIS may require during naturalization applications. LPRs must be aware that maintaining their status is a fundamental requirement for naturalization. A re-entry permit during international travel is necessary to safeguard LPR status.

In terms of lawful admission, a naturalization applicant must show that they have been lawfully admitted to the United States for permanent residence in accordance with all immigration laws in effect at the time of their initial admission or adjustment. An LPR admission or adjustment of status that was unlawful when it occurred cannot be cured by an applicant's submission of a waiver form during a naturalization proceeding. In general, a naturalization applicant who committed an act that would have rendered them inadmissible under one or more of the terrorism-related inadmissibility grounds (TRIG) before obtaining LPR status may not be considered lawfully admitted for permanent residence.

LPRs and the granting of green cards in error

Lawful Permanent Residents (LPRs) are required to present a valid, unexpired Form I-551, Permanent Resident Card (also known as a "green card"), when seeking admission into the United States. An LPR returning to an unrelinquished domicile in the United States may not require a visa if they possess Form I-551, valid or expired, and are returning to a permanent residence in the United States after temporary employment abroad.

If an LPR's Form I-551 is lost, stolen, or expires while they are temporarily outside of the United States, a transportation company may refuse to board them. In such cases, the LPR may be required to file an application for a replacement card (Form I-90) with U.S. Citizenship and Immigration Services (USCIS) immediately upon their return to the United States. USCIS has also introduced measures to extend the validity of expired green cards by issuing an I-797C, Notice of Action, for a Form I-90. These extensions were initially granted for 12 months but have since been extended to 24 months.

To establish lawful admission for permanent residence, an applicant must have met all the requirements for admission as an immigrant for adjustment of status. An applicant is not lawfully admitted if their LPR status was obtained by fraud, willful misrepresentation, or if the admission was not in compliance with the law. Any such applicant is ineligible for naturalization.

It is important to note that LPRs who have been outside the country for more than 180 days consecutively are considered to be applying for admission upon their return. At this point, a border officer has the right to question the individual about their long absence and demand proof of continuing ties to the U.S. The burden of proof then falls on the applicant or LPR, who must provide evidence such as tax payments, proof of bank accounts, home ownership, or a job in the U.S.

In certain circumstances, an LPR may choose to abandon their LPR status by filing a Record of Abandonment of Lawful Permanent Resident Status (Form I-407). However, it is not mandatory to file this form, and an applicant may still have abandoned LPR status even without it. If an applicant seeks naturalization after filing Form I-407, USCIS will place the applicant in removal proceedings and deny the naturalization application.

Frequently asked questions