Introduction
For many immigrants, obtaining a green card is the ultimate goal. A green card enables an individual to live and work permanently in the United States. However, there are several things that could impact green card status. Some of these factors are within the individual’s control, while others may be outside of their ability to influence. In this article, we will explore some of the things that could affect green card status and how to navigate these potential challenges.
Criminal Record
One of the most significant factors that could impact green card status is a criminal record. A crime does not automatically result in the denial of a green card, but certain offenses are more likely to affect an applicant’s chances. For example, crimes involving drug trafficking, money laundering, or terrorism are considered to be particularly serious and could result in automatic denial of a green card. Likewise, crimes involving violence, sexual assault, or child abuse could significantly impact an applicant’s chances of obtaining a green card.
It is essential for individuals to disclose their entire criminal history when applying for a green card. Failure to do so could result in denial of the application and even deportation. However, having a criminal record does not necessarily mean that an individual will be denied a green card. The U.S Government assesses criminal records on a case-by-case basis, taking into account the nature, severity, and timing of the offense. In some cases, waivers may be available to overcome criminal history issues.
Public Charge
Another factor that could impact green card status is the public charge rule. The public charge rule is a provision that allows the U.S Government to deny entry to individuals who are likely to become a burden on the country’s public resources. In 2019, the Trump administration expanded the definition of public charge, making it even more challenging for immigrants to obtain a green card.
Under the new rule, the government can deny green cards to individuals who have received certain government benefits such as food stamps, Medicaid, or housing assistance. Additionally, the rule allows immigration officials to consider an applicant’s education, employment, and credit history when assessing their likelihood of becoming a public charge.
The public charge rule has faced significant opposition, with many groups arguing that it unfairly targets low-income immigrants. In 2021, the Biden administration announced that it plans to rescind the public charge rule. If successful, this move could make it easier for immigrants to obtain green cards, regardless of their financial status.
Changes in Immigration Law
Immigration law is constantly changing. New legislation or executive orders could impact green card status, making it essential for applicants to stay up-to-date on the latest changes. For example, in 2017, the Trump administration announced the end of the Deferred Action for Childhood Arrivals (DACA) program. DACA granted temporary protection from deportation to individuals who arrived in the United States as children. The end of DACA had a significant impact on those relying on the program and could potentially impact their ability to obtain a green card.
Additionally, changes in the political climate could impact immigration law. For example, the Trump administration had a reputation for being tough on immigration, and many of its policies were designed to restrict legal immigration. In contrast, the Biden administration has promised to adopt a more immigrant-friendly approach. As a result, changes in political leadership could significantly impact green card status.
Employment
Employment is a crucial factor in obtaining a green card. Immigrants must have a job offer from a U.S employer and undergo a labor certification process to prove that there are no American workers who can fill the job. However, changes in employment status could impact green card status.
For example, if an individual loses their job, they could be at risk of losing their green card as well. Additionally, if an individual changes jobs while their green card application is pending, it could significantly impact their chances of approval. In some cases, a change in employment may require the applicant to restart the entire green card application process.
Additionally, the coronavirus pandemic has had a significant impact on employment in the United States, with many industries experiencing layoffs and furloughs. Immigrants who have lost their job due to the pandemic could potentially be at risk of losing their green card.
Marriage
Marriage to a U.S citizen is one of the most common ways to obtain a green card. However, even after obtaining a green card through marriage, the individual must still meet certain requirements to maintain their status. For example, they must remain married to their U.S citizen spouse and continue to live in the United States.
If an individual divorces their U.S citizen spouse, it could impact their ability to maintain their green card status. In some cases, divorce could lead to a revocation of the green card. Therefore, it is essential for individuals who obtain green cards through marriage to carefully consider the implications of divorce before taking any action.
Additionally, marriages that are deemed fraudulent could result in the denial of a green card. Marriage fraud involves entering into a marriage solely for the purpose of obtaining a green card. The U.S Government takes marriage fraud very seriously and may deny green card applications or even deport individuals who engage in fraudulent marriages.
Conclusion
Obtaining a green card is a significant accomplishment for many immigrants. However, there are several things that could impact green card status. Some of these factors, such as criminal history or changes in immigration law, are outside of an individual’s control. However, other factors, such as maintaining employment or marriage status, are within an individual’s ability to influence. By understanding these potential challenges, immigrants can better navigate the green card process and increase their chances of success.
An American green card permanent residency asylum refugee marriage crime. Your green card status in terms of the duration of your permanent residency in the U.S. may be dependent on the status of your residency. Upon initial receipt of an American green card and the notification of your permanent residency, you will be afforded the ability to work and stay in the United States as an immigrant, but your permanent residency is considered conditional until you apply to have the conditions removed.
This is achieved by filing a petition on your behalf (form I-751, Petition to Remove the Conditions on Residence, to be specific) before you can be considered a permanent resident. To some who have skimmed through the literature on obtaining an American green card, it may seem like you have a period of 10 years to change the distinction and should apply to have your green card status renewed within six months of expiry, but if you retain conditions on your file, your card will only be valid for two years.
You will also have to be considerate of your green card status in the wake of a lost or stolen green card or an otherwise unfortunate card. Conditions that will require a replacement for your American green card are numerous, but they are somewhat similar to conditions that might affect your credit card or another tangible form of identity that contains your personal information.
Aside from the said ideas of theft or misplacement, changes to your residency (whether or not you plan to commute), your name (if there are any inconsistencies in the name via a name change or change in your marital status, you could encounter problems) and even your age (if you are issued a green card before the age of 14) may cause you to have to reapply for a replacement card.
If you have questions about your green card and your green card status, you may want to talk to an immigration attorney or contact U.S. Citizenship and Immigration Services.
