Green card holders enjoy many privileges in the United States, but it also comes with certain limitations and responsibilities. Understanding these rights, restrictions, and potential risks is crucial for maintaining lawful residency and avoiding complications with immigration authorities.
LaToya McBean Pompy, who immigrated to the United States herself, was inspired to help families unite by founding McBean Law. If you or loved one need assistance with denaturalization issues or visa applications, don’t hesitate to reach out to us today. You can contact us here or call (914) 898-9488 to schedule a private consultation with LaToya and her experienced immigration attorney team, who are ready to guide you through every step of the process.
Rights and Benefits of Green Card Holders
Green card holders enjoy several important rights and benefits that provide stability and opportunities while living in the United States. Understanding these rights can help green card holders make informed decisions about their future. Here are some key benefits of having a green card:
Permanent Residency
Green card holders have the right to live and work permanently in the United States. They can reside in any state and work in most industries without special work authorization.
International Travel
While green card holders can leave and re-enter the U.S., there are time limitations on how long they can remain abroad. Staying outside the U.S. for over six months may lead to scrutiny upon return, and staying beyond one year without a reentry permit may result in a loss of residency.
Access to Healthcare Benefits
After maintaining lawful permanent residency for five years, green card holders may become eligible for public healthcare programs such as Medicaid, provided they meet the requirements.
Path to Citizenship
Most green card holders can apply for U.S. citizenship after five years. Those who obtained their green card through marriage to a U.S. citizen may be eligible for naturalization after three years.
Petitioning for Family Members
Green card holders can sponsor certain family members for permanent residency, including spouses and unmarried children of any age. However, they cannot sponsor parents or siblings until they become U.S. citizens.
Limitations of Green Card Holders
While green card holders enjoy many rights and benefits in the United States, there are also certain limitations to be aware of. Understanding these limitations is essential for green card holders who may be considering naturalization in the future. Here are some restrictions that apply to lawful permanent residents:
Voting Restrictions
Green card holders cannot vote in federal elections. Voting in such elections while not a U.S. citizen can lead to serious legal consequences, including deportation.
Government Employment Limitations
Some government jobs, particularly those in law enforcement or national security, are restricted to U.S. citizens. Green card holders may have limited access to these positions.
Jury Duty Exemption
Serving on a federal jury is typically reserved for U.S. citizens. However, some states may allow green card holders to serve on state or local juries.
Military Service Restrictions
While green card holders can enlist in the U.S. military, certain positions, particularly those requiring security clearance, may be unavailable to them.
Risks That Could Lead to Losing a Green Card
Maintaining lawful permanent resident status requires green card holders to follow specific rules and regulations. Certain actions or circumstances can put their residency at risk, potentially leading to deportation or denial of reentry into the United States. Below are some factors that could result in losing a green card:
Criminal Convictions
Serious criminal offenses, including drug-related charges, domestic violence, and crimes of moral turpitude, can lead to deportation. Green card holders with a criminal record should consult an immigration attorney before applying for U.S. citizenship.
Fraud and Misrepresentation
Providing false information on immigration applications, committing fraud, or failing to disclose critical details can result in removal proceedings and loss of lawful residency.
Extended Absence from the U.S.
Staying outside the U.S. for more than six months can raise concerns about abandoning residency. For absences exceeding one year, a reentry permit should be obtained before departure to avoid complications upon return.
What to Do in an ICE Encounter
Encounters with Immigration and Customs Enforcement (ICE) can be stressful and intimidating for green card holders. It is important to be aware of your rights and know how to respond in such situations to avoid complications with your immigration status. Taking the right steps can help protect you from unnecessary detainment or legal issues. Here are key actions to take if you find yourself in an ICE encounter:
Carry Your Green Card
Green card holders should always carry their card as proof of lawful residency. If questioned by immigration officers, presenting the card can help prevent unnecessary detainment.
Know Your Rights
If ICE agents approach or visit your home, you have the right to remain silent and request an attorney. Do not sign any documents without legal counsel.
Seek Legal Assistance
If detained, contact an experienced immigration attorney immediately to understand your legal options and protect your status.
Check out Attorney LaToya McBean Pompy’s YouTube video, “Green Card Holders: TRAVEL, Work and ICE Encounters in 2025”, for more details.
