A Green Card Holder and Absent from the US for more than 180 days? Beware.

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One of the biggest misconceptions about immigration law is that a green card is the same as citizenship  –only without a passport or the ability to vote. But what many permanent residents do not realize is that they can be deported.  The reasons are many: not only for a conviction of a serious or drug-related crime, but also for abandoning their residency in the United States or becoming a “public charge”.  The question of deportability can come up when applying for naturalization, or after an absence of more than 180 days from the United States. Imagine a situation where a green card holder who uses public benefits in the US  leaves to visit his home country.  During his visit, his father gets sick and he needs to stay to help take care of his father.   After a 7 month absence from the US, he returns.  Upon his arrival at the…

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Myth #2: A green card = Citizenship – US Passport – Voting Right

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Another myth that we often encounter is the belief that having a green card is almost the equivalent of US citizenship.  People think that with the exception of having a US passport and the right to vote, being a permanent resident confers the same rights as a US citizen.  Unfortunately, that is not the case. A green card can be taken away; with very limited exception, citizenship cannot.  A green card holder may be considered to have abandoned his US residence and have his green card taken away.  A green card holder can have his green card taken away if he commits a crime.  With the Trump Administration, this is becoming more and more of a real possibility. I was reminded of this the other day reading the story of Phillip Clay. Mr. Clay was adopted from Korea in 1983 when he was 8 years old. Because US law at…

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