Kara Sears
Lawful permanent residents (LPRs), also known as green card holders, are aliens who are lawfully authorized to live and work anywhere in the United States. LPRs are issued a Permanent Resident Card (PRC), also known as a green card, as evidence of their LPR status. To be eligible for a PRC, an applicant must meet all the requirements for admission as an immigrant for adjustment of status and not have obtained their LPR status by fraud, willful misrepresentation, or any other means not in compliance with the law. There are several broad classes of admission for foreign nationals to gain LPR status, the largest of which focuses on admitting immigrants for the purpose of family reunification. Other major categories include economic and humanitarian immigrants, as well as immigrants from countries with relatively low levels of immigration to the United States.
| Characteristics | Values |
|---|---|
| Lawful permanent resident status | Lawful permanent residents (LPRs), also known as "green card" holders, are aliens who are lawfully authorized to live permanently within the United States. |
| LPR status requirements | LPRs may accept an offer of employment without special restrictions, own property, receive financial assistance at public colleges and universities, and join the Armed Forces. They may also apply to become U.S. citizens if they meet certain eligibility requirements. |
| LPR status classes of admission | The Immigration and Nationality Act (INA) provides several broad classes of admission for foreign nationals to gain LPR status, the largest of which focuses on admitting immigrants for the purpose of family reunification. Other major categories include economic and humanitarian immigrants, as well as immigrants from countries with relatively low levels of immigration to the United States. |
| LPR status card | LPRs are issued a Permanent Resident Card (PRC) or Form I-551, also known as a "green card", as evidence of their LPR status. The card contains the date and classification under which the alien was accorded LPR status. |
| LPR status card validity | The PRC is valid for a specific period and must be carried by LPRs over 18 years of age. If lost, stolen, or expired, LPRs must file Form I-90 to replace it. |
| LPR status card extension | USCIS may automatically extend the validity of a PRC through an Application for Naturalization (Form N-400) receipt notice, without regard to whether the applicant has filed an Application to Replace Permanent Resident Card (Form I-90). |
| LPR status and travel | LPRs are required to present a valid, unexpired PRC when seeking admission into the United States. Transportation companies may refuse boarding to LPRs without a valid PRC. |
| LPR status and residence | LPRs may reside in foreign contiguous territories (Canada or Mexico) and commute to their place of employment in the United States. However, they must maintain regular employment in the U.S. and not remain outside the country for extended periods. |
| LPR status and employment | LPRs can accept employment without restrictions and work anywhere in the United States. |
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What You'll Learn
- Lawful permanent residents (LPRs) are aliens lawfully authorised to live in the US
- LPRs may request admission based on a DHS waiver of documentary requirements
- LPRs must have a valid Permanent Resident Card (PRC) when seeking admission into the US
- LPRs may continue to reside in foreign contiguous territory and commute to the US
- LPRs can apply to become US citizens if they meet eligibility requirements
Lawful permanent residents (LPRs) are aliens lawfully authorised to live in the US
Lawful Permanent Residents (LPRs), also known as "green card" holders, are aliens who are lawfully authorised to live permanently within the United States. LPRs may accept an offer of employment without special restrictions, own property, receive financial assistance at public colleges and universities, and join the Armed Forces. They are also allowed to apply to become U.S. citizens if they meet certain eligibility requirements.
The Immigration and Nationality Act (INA) provides several ways to gain LPR status, called classes of admission. The largest class is family reunification, which includes the spouses, children, and parents of U.S. citizens aged 21 and older. This category is not subject to numerical limits. The United States also grants LPR status for economic and humanitarian reasons. Diversity also plays a role; immigrants from countries with relatively low levels of immigration to the United States can gain LPR status.
To be considered a lawful permanent resident, an immigrant must show their presence in the United States under any of the standards in 8 CFR 101.1. There are more than 30 situations in which an immigrant is entitled to presumption of lawful admission for permanent residence. Some require only that the applicant entered the United States before a certain date. Others require a particular nationality, entry at a particular location, entry by a particular manner, or other requirements.
USCIS may recognise certain classes of immigrants who entered the United States during specific time periods as having been lawfully admitted for permanent residence, even if a record of their admission cannot be found. Such immigrants who have not abandoned their status or been ordered excluded, deported, or removed may be eligible for a creation of a record of their lawful permanent residence. This process is called "presumption of lawful admission" and is a verification of status, rather than an adjustment of status.
LPRs are issued a Permanent Resident Card (PRC) or Form I-551 ("Green Card") as evidence of their LPR status. The PRC contains the date and classification under which the alien was accorded LPR status. LPRs over 18 years of age are required to have their PRC in their possession. If an LPR's PRC is lost, stolen, or expires while they are outside the United States, a transportation company may refuse to board them.
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LPRs may request admission based on a DHS waiver of documentary requirements
Lawful Permanent Residents (LPRs) are aliens who are lawfully authorized to live permanently within the United States. LPRs may request admission based on a DHS waiver of documentary requirements. This means that if an LPR has good cause for not satisfying the document requirements, they may file an application for a waiver with the DHS officer with jurisdiction over the port of entry where the alien arrives. The alien must file the designated form with a fee. However, if the LPR's permanent resident card ("green card") was lost or stolen and the LPR was absent for less than a year, they must generally apply for a replacement green card instead of a waiver.
The waiver application process allows for the consideration of various factors. These include whether the applicant relied on DHS's prior use of advance parole to implement TPS travel. If the applicant did rely on past policy or practice, it is considered whether retroactive application of the new policy would negatively affect or burden the applicant. In most cases, the change in interpretation is favorable to the applicant, and a prior parole may be deemed an admission for purposes of the adjustment of status application.
Additionally, the decision to defer inspection is at the CBP officer's discretion. If granted, the alien is paroled into the United States, and the inspection is deferred to a later time. Urgent humanitarian reasons or significant public benefit may also be grounds for parole by DHS.
It is important to note that an adjustment of status applicant must be admissible to the United States. If an applicant is inadmissible, they may apply for a waiver of inadmissibility if one is available or seek another form of relief. The waiver application process requires evidence to support the request, such as demonstrating extreme hardship for specific relatives if admission is denied.
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LPRs must have a valid Permanent Resident Card (PRC) when seeking admission into the US
Lawful Permanent Residents (LPRs) are aliens who are lawfully authorized to live permanently within the United States. They are also known as "green card" holders. LPRs may accept job offers without restrictions, own property, receive financial aid at public colleges and universities, and join the Armed Forces. They can also apply to become U.S. citizens if they meet certain eligibility requirements.
The Immigration and Nationality Act (INA) provides several ways to gain LPR status, called classes of admission. The largest class is family reunification, which includes spouses, children, and parents of U.S. citizens over 21. The U.S. also grants LPR status for economic and humanitarian reasons, as well as to immigrants from countries with relatively low levels of immigration to the U.S.
LPRs must have a valid Permanent Resident Card (PRC), also known as a “green card” or Form I-551, when seeking admission into the U.S. This card serves as primary evidence of an individual's status as an LPR. LPRs aged 18 and over are required to have their PRC with them as evidence of their status. The PRC contains the date and classification under which the LPR status was granted.
If an LPR's PRC is lost, stolen, or expires while they are outside the U.S., they may be refused boarding by transportation companies. In such cases, LPRs generally need to file an Application to Replace Permanent Resident Card (Form I-90). However, a naturalization applicant who properly files Form N-400 may receive a receipt notice that, when presented with their PRC, automatically extends the card's validity for 24 months from the expiration date.
It is important to note that an LPR's status may be lost under certain conditions, such as being out of regular employment in the U.S. for a continuous period of six months. Additionally, an LPR's status must have been lawfully obtained, and any fraud or willful misrepresentation may result in ineligibility for naturalization, even if the individual possesses a PRC.
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LPRs may continue to reside in foreign contiguous territory and commute to the US
Lawful Permanent Residents (LPRs) are aliens who are lawfully authorized to live permanently within the United States. LPRs are also referred to as "green card" holders.
LPRs may continue to reside in foreign contiguous territory, specifically Canada or Mexico, and commute to the US. This is known as "commuter status", and it is an administrative grant that is only available to LPRs living in these two countries. To maintain their LPR status, commuters must engage in regular and stable daily or seasonal work in the US. If an LPR commuter has been out of regular employment in the US for a continuous period of 6 months, they will be deemed to have lost their residence status. However, there are exceptions to this rule. For example, if the interruption in employment was due to reasons beyond the LPR's control, or if the commuter can demonstrate that they worked 90 days in the US in the aggregate during the 12-month period preceding their application for admission into the US.
To obtain commuter status, LPRs must use the Application to Replace Permanent Resident Card (Form I-90). Commuters receive a Permanent Resident Card (PRC) that indicates their status as a commuter. The PRC cannot be mailed outside the US, so commuters must designate a port-of-entry (POE) to pick up their PRC. Customs and Border Protection (CBP) also issues a Commuter Status Card (Form I-178) that must be carried while traveling across the border. The Form I-178 is valid for 6 months and must be renewed with CBP at 6-month intervals, with proof of ongoing employment in the US.
LPR commuters are considered to be returning from a "temporary visit abroad" when entering the US to work and are, therefore, classifiable as special immigrants. This classification was clarified in the 1974 Supreme Court case Saxbe v. Bustos, which held that commuter LPRs did not need to reside in the US to be classifiable as special immigrants.
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LPRs can apply to become US citizens if they meet eligibility requirements
Lawful Permanent Residents (LPRs), also known as "green card" holders, are aliens who are lawfully authorised to live permanently in the United States. LPRs can accept employment offers without restrictions, own property, receive financial aid at public colleges and universities, and join the Armed Forces. They can also apply to become US citizens if they meet certain eligibility requirements.
The Immigration and Nationality Act provides several broad classes of admission for foreign nationals to gain LPR status. The largest of these focuses on admitting immigrants for family reunification. Other major categories include economic and humanitarian immigrants, as well as immigrants from countries with relatively low levels of immigration to the US.
To establish that an individual was lawfully admitted for permanent residence, they must have met all the requirements for admission as an immigrant for adjustment of status. Any applicant whose LPR status was obtained by fraud, willful misrepresentation, or if the admission was not in compliance with the law, is ineligible for naturalisation, even if they possess a Permanent Resident Card (PRC) or "green card".
Naturalisation is the process by which an alien not born in the US voluntarily becomes a US citizen. The most common path to US citizenship through naturalisation is by being an LPR for at least five years. LPRs can apply for naturalisation after five years of permanent residency or three years if they are married to a US citizen. Depending on their situation, different requirements may apply. For example, certain applicants, because of their age and time as an LPR, do not have to take the English test for naturalisation and may take the civics test in the language of their choice.
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Frequently asked questions
A lawful permanent resident (LPR), or "green card" holder, is an individual who is lawfully authorized to live and work anywhere in the United States.
Lawful admission for permanent residence means that an individual has been lawfully admitted to live permanently in the United States. There are several classes of admission for foreign nationals to gain LPR status, the largest of which focuses on admitting immigrants for family reunification. Other categories include economic and humanitarian immigrants, as well as immigrants from countries with relatively low levels of immigration to the US.
A Permanent Resident Card, also known as a Green Card (Form I-551), is the primary evidence of an individual's status as an LPR of the United States. It is required when seeking admission into the US and can be used to board a US-bound flight.
An individual granted conditional resident status receives a Permanent Resident Card with a classification code on the front indicating the type of status (family-based or employment-based). The card is valid for two years from the date the individual obtains LPR status, after which they will automatically lose their LPR status if they do not file Form I-751 or I-829 to remove the conditions.
USCIS may recognize certain classes of immigrants who entered the US during specific time periods as having been lawfully admitted for permanent residence, even if a record of their admission cannot be found. This process, known as "presumption of lawful admission," is a verification of status rather than an adjustment of status.
