Office of the Provost
Immigration Rules, Rights and Responsibilities for International Employees Approved for Permanent Residency
Congratulations on becoming a U.S. Permanent Resident! You are now able to reside indefinitely in the U.S. You are also eligible to work in the U.S. for the employer of your choice, in any position for which you are qualified, without obtaining prior employment authorization from the United States Citizenship and Immigration Services (USCIS).
You no longer have to obtain a visa with which to enter the U.S. but need only show your Alien Registration Card ("green card") in order to return to the U.S. from short trips abroad. In some cases, you will no longer need to apply for a visa to visit many other countries in the world. However, be sure to check with the Embassy or Consulate of the country(ies) you are planning to visit before you leave the U.S. to find out if you need to apply for a visa as a U.S. Permanent Resident.
Your status as a U.S. permanent resident affords you many benefits. However, it also carries responsibilities and you must take certain steps to preserve your residency. This information is meant to provide you with answers to some commonly asked questions about your new immigrant status.
Your Resident Alien (Green) Card
Travel Outside the U.S. and Re-entry as a Permanent Resident
Preserving Your U.S. Residency
Removing the Restrictions on your Social Security Card
Checking Your Social Security Account
Social Security Totalization Treaties
Notifying USCIS of your Change of Address
Sponsoring a Close Relative for U.S. Residency
Completing a New I-9
If you are a UNCG employee, you must contact Human Resource Services as soon as you have received approval for U.S. Permanent Residence. You msut complete a new I-9 and HRS must change your immigration status in its personnel files to ensure that your pay checks do not stop on the date your non-immigrant status was due to expire.
Your Resident Alien (Green) Card
At the time you were approved for residency, a stamp was placed in your passport. This is called an I-551 stamp and serves as temporary evidence of your lawful resident status in the U.S. This stamp contains an expiration date (usually six months into the future). You should use this passport stamp for completing a new Form I-9 for your employer, or, if you must travel out of the country before you receive your Green Card, you may use this stamp to re-enter the U.S. Be sure to return before the expiration date listed on the stamp.
Your Green Card will be mailed to you at the address you gave at the time you were approved for residency. You should receive your Green Card before your passport stamp expires. If your stamp will expire within 30 days, and you still have not received your Green Card, visit the USCIS website to find out how to inquire about your Card.
Travel Outside the U.S. and Re-entry as a Permanent Resident
Your permanent resident card is used to re-enter the United States from a temporary trip abroad. If you need to be out of the U.S. for more than one year, you must let the USCIS know and file for a Re-entry permit before you leave the United States or you may be denied entry as a permanent resident. If time does not permit you to obtain a Re-entry permit, or your trip abroad lasts longer than you planned, you may apply for a returning resident visa at the U.S. Embassy or Consulate overseas. Returning resident visas are sometimes difficult to obtain; however, because you must convince the Consular Officer that you could not have foreseen the need to remain outside of the U.S. for a year or more.
Please be aware that even though you have been granted U.S. residency, each time you enter the U.S. you will be inspected and admitted by the Department of Homeland Security (DHS). If the DHS has reason to suspect that you have violated your status as a resident, or not taken the proper steps to maintain your residency, you may be denied admission and risk losing your residency.
How to Apply for a Re-entry Permit:
If you think that it might be necessary for you to be outside of the United
States for more than one year, you should apply for a Re-entry permit
before you leave. The Re-entry permit will allow you to remain outside
of the U.S. for up to two years. However, even though you have a Re-entry
permit it is not always a guarantee that you will be allowed to return
to the U.S. as a resident after a prolonged absence. There are a number
of other steps you must take to maintain your U.S. residency.
To apply for a Re-entry Permit, you must complete Form I-131. This form
may be downloaded from the USCIS site. More information can be found at
the State
Department web site.
Preserving Your U.S. Residency
Even short departures from the U.S. can result in loss of permanent residence if you have not taken care to establish and maintain your residency. This may occur if you accept a job abroad, fail to file a U.S. resident income tax return, if you stay outside of the United States for more than one year without a valid Re-entry permit, or if you are otherwise found to have abandoned your residence in the United States.
When you re-enter the U.S. after a trip abroad, the immigration officer will consider a
number of factors in order to determine if you have abandoned your U.S.
residency. These factors include such things as: the amount of time you
have been outside the United States versus the length of time you have
spent living in the U.S.; where you are employed; if your trips abroad
are clearly temporary and the reasons for your trip abroad. They may also
examine your ties to the United States, such as ownership of property,
maintenance of a bank account and permanent mailing address, etc.
Before moving abroad to take up employment, even temporary employment,
or to spend extensive time abroad for any reason, you should consult with
an immigration attorney. Under certain circumstances, your residence in
the United States can be preserved and a competent immigration attorney
can provide you with advice as to how to maximize maintaining your residency
in the United States.
Crime and Deportation
Although we don't expect that you will commit serious crimes, it is important to remember that even though you have a "Green Card", you can be deported from the United States if you:
- are convicted of even a minor drug related offense;
- are convicted of certain crimes which are considered felonies;
- are convicted of any two crimes not arising out of a single scheme;
- knowingly encourage or aid anyone to enter the United States illegally or fraudulently;
- fail to notify the USCIS of a change of address;
- engage in espionage, sabotage, or terrorist activities.
You can also lose your residency status if the USCIS finds that you were ineligible for immigrant status in the first place. This can happen if the USCIS discovers that you misrepresented yourself, or any of your documents, at the time you obtained permanent residency, or if you obtained your immigrant status through marriage and separated from your spouse shortly thereafter. If you obtained your residency through employment, you can also lose your immigrant status if you terminated your employment with the employer who petitioned for you shortly after you obtained your Green Card.
Losing Your Resident Status
If you are living in the United States as a permanent resident, and the USCIS has reason to believe that you have seriously violated your immigration status, it can act to rescind your status as a resident, or deport you from the United States.
If you are issued a "Notice of Intent to Rescind" or an "Order to Show Cause" from the USCIS, you should consult a competent immigration attorney immediately. Failure to respond to these orders will result in the loss of your permanent residence status and you will be deported from the U.S. The Immigration Service can serve these notices by mailing them to you at the last address you have given them, it is extremely important that you keep the Immigration Service advised of your address.
Paying Your Taxes
Permanent residents of the United States are residents for tax purposes. You are no longer permitted to file your taxes as a non-resident alien or to take advantage of tax treaty benefits. As a resident for tax purposes, you are required to pay income taxes on your world-wide income. Failure to pay your taxes can result in a finding that you have abandoned your permanent residence in the U.S. which may result in action taken against you.
You are also liable for state income taxes if you live, or work, in a state which has a state income tax. U.S. tax residents are also subject to estate taxes. We recommend you seek advice from a competent attorney who specializes in international taxation to minimize your tax obligations and ensure that you comply with the laws of the U.S. government in this area.
Social Security
If you have been in the U.S. for a while, and have worked here, you probably already have a social security number. If you do not have one, you should apply at the nearest Social Security Administration Office as soon as you have received your employment authorization card (EAD), your alien registration card ("green card"), or the temporary I-551 stamp in your passport. You must apply for a social security number in person. Bring the following documents with you:
- your original birth certificate, and;
- your passport containing your I-551 stamp and/or;
- your "green card", or;
- your employment authorization document.
Removing the Restrictions on your Social Security Card
If you already have a Social Security Card but it bears the notation "not valid for employment", " not valid for employment without a USCIS employment document", or "valid for employment only with USCIS documentation", you should have your card reissued. Contact the Social Security Office to have the restrictive language removed and a new card issued. Bring proof of your status as a U.S. permanent resident.
Checking Your Social Security Account
The Social Security Number Administration recommends that you check your account to make sure that you have received credits for any taxable work you did before you became a permanent resident. Call Social Security and request form SSA-7004, Request for Earnings and Benefit Estimate Statement to check your records. It is wise to check your earnings statement every three to four years because errors more than four years old cannot usually be corrected.
Please be aware that it is a serious criminal offense to use someone else's Social Security number or to use a falsely obtained number. If you have ever done so, seek legal advice before contacting Social Security.
Social Security Totalization Treaties
If you are from a country that has a Totalization Treaty with the United States, it may be possible to claim an exemption from U.S. Social Security taxes and to file for a refund of any Social Security taxes paid by your employer over the past three tax years.
It may be possible to claim coverage under your home country's Social Security system even after you become a permanent resident in the U.S. Contact a competent international tax expert for information on this issue or visit the Social Security Administration online.
Notifying USCIS of your Change of Address
If you move, you are required to report your new address to the USCIS within ten days of your move. To change your address, download Form AR-11 from the USCIS website. Complete one form for each family member and mail it to the address on the front of the form. You may also file Form AR-11 online at the USCIS web site.
Military Duty
The United States does not currently have a draft for military service. However, all men aged 18 to 26 are required to register for Selective Service within 30 days of their 18th birthday, or within 30 days of the time they become permanent residents of the United States.
If you become a permanent resident before your 26th birthday, you are required to register with the Selective Service. If you have a son who is a permanent resident or a U.S. citizen, he is required to register within 30 days of his 18th birthday. Notwithstanding the fact that you have registered with the Selective Service, you may be exempt from military service based on your nationality. However, be aware that claiming this exemption could disqualify you from citizenship. Failure to register for military service will also bar you from U.S. citizenship.
How to Register:
Go to any U.S. Post Office and ask for a form to register for selective
service. Complete the form and mail it to the address listed on the front
of the form or register for selective service online.
Sponsoring a Close Relative for U.S. Residency
If you are a Permanent Resident:
Permanent Residents are eligible to file residency petitions for a spouse
or child under age 21. You may do this as soon as you have been approved
for permanent residence. It is always best for your spouse and minor children
to file for residency with you. If you wait to file until after you have
obtained your residency, they will most likely have to wait to join you.
There is currently a 2 to 4 year backlog for immediate relatives of permanent
residents. You may also file for an unmarried child over the age 21. However,
the waiting period for this category is eight or more years. Contact a
competent immigration attorney for advice on bringing your relatives to
the U.S.
If you are a U.S. Citizen:
There is no waiting period for a spouse, or unmarried child, or parent
of a U.S. citizen. The waiting period for a married child of a U.S. citizen
is currently at least one and 1/2 years. Citizens may also file for brothers
and sisters, but the waiting period is more than ten years.
Because the wait to immigrate to the U.S. can be very long for those sponsored by permanent residents, you may wish to consult with competent immigration counsel to find out if there is another way to bring your relative to the U.S. within a shorter period of time. However, please remember that the mere filing of a petition may make it more difficult for your relatives to obtain a visitor visa to come to the United States.