Omar Bennett
Green card holders, or lawful permanent residents, are not considered citizens under the US Constitution. However, they do enjoy certain constitutional rights and protections, such as the right to live and work permanently in the US, and the right to be protected by US laws. They are also subject to certain responsibilities, including obeying all laws, paying taxes, and registering for the Selective Service if male. While green card holders are generally well-protected, their status is not absolute and can be revoked if they are deemed a threat to national interests or commit certain crimes. They also do not have the right to vote and can be deported under certain circumstances, such as terrorism or national security concerns.
| Characteristics | Values |
|---|---|
| Right to live in the US | Yes, provided the person does not commit any actions that would make them removable under immigration law |
| Right to work | Yes, at any legal work of their qualification and choosing. Some jobs are limited to US citizens for security reasons |
| Right to be protected by US laws | Yes, and by the laws of their state of residence and local jurisdictions |
| File income tax returns | Yes, and report income to the US Internal Revenue Service and state taxing authorities |
| Right to vote | No, green card holders cannot vote in federal, state, or local elections |
| Right to naturalization | Yes, after residing in the US for at least five years |
| Right to re-enter the US | Yes, but there are some circumstances under which green card holders could be denied the automatic right to re-enter the US |
| Right to free speech | Yes, but green card holders can still be deported for their speech, as seen in a recent case involving a Columbia University student |
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What You'll Learn
Green card holders' basic rights
Green card holders, or permanent residents, have certain basic rights and responsibilities under the US Constitution. These rights include the ability to live and work permanently in the United States, provided they obey all laws and do not commit any actions that would make them removable under immigration law. Green card holders are also entitled to be protected by all laws of the United States, their state of residence, and local jurisdictions.
Male green card holders between the ages of 18 and 25 are required to register with the Selective Service System. Additionally, green card holders must file income tax returns, reporting their income to the Internal Revenue Service and state taxing authorities. They are also expected to support the democratic form of government, although this does not include voting rights in federal, state, or local elections.
Permanent residents do not have the right to vote or hold federal office, but they may vote in certain local elections and hold local and state offices, subject to state and city laws. They are also eligible to join and serve in the US Armed Forces and work in most sectors, except for federal jobs requiring security clearances or contracts with the federal government.
One of the most important rights of green card holders is the right to naturalization, or the ability to become a US citizen after residing in the country for a certain period, typically at least five years. To be eligible for naturalization, individuals must demonstrate good moral character, pass an English and civics test, and show an attachment to the US Constitution.
It is important to note that permanent residency is a privilege and not a right. Failure to comply with the conditions of being a permanent resident, such as maintaining continuous residency or committing criminal offences, can result in the revocation of a green card.
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Green card holders' responsibilities
Green card holders, or permanent residents, have certain responsibilities that they must fulfil to maintain their status. These responsibilities are essential to uphold and include the following:
Obeying the Law
Green card holders are required to obey all laws of the United States and its localities. This is a fundamental responsibility, and failure to abide by the laws can result in the revocation of their permanent resident status.
Filing Income Tax Returns
Green card holders are mandated to file income tax returns and report their income to the Internal Revenue Service (IRS) and relevant state taxing authorities. This requirement is similar to that of U.S. citizens, who must also pay taxes on their worldwide income.
Supporting the Democratic Form of Government
While green card holders are expected to support the democratic form of government, it is important to note that this does not include the right to vote in federal, state, or local elections. Green card holders are not permitted to vote, reflecting the distinction between permanent residents and citizens.
Selective Service Registration
Male green card holders aged 18 to 25 (or up to 26, according to one source) are required to register with the Selective Service System. This registration is akin to the draft registration that U.S. citizens of the same age group must undergo.
Maintaining Permanent Resident Status
Green card holders are expected to consider the United States as their home and maintain their permanent resident status. This means that extended stays outside the country, particularly those exceeding one year, can jeopardize their status. To avoid complications, green card holders should obtain a re-entry permit before extended stays abroad and carry their green card and passport when travelling internationally.
These responsibilities outlined above are crucial for green card holders to uphold as they navigate their rights and privileges as permanent residents in the United States.
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Green card holders' right to naturalization
Green card holders, or lawful permanent residents, have the right to naturalization, which is the process of voluntarily becoming a United States citizen. To be eligible for naturalization, green card holders must meet certain requirements, including:
- Being at least 18 years old when submitting Form N-400, Application for Naturalization.
- Demonstrating continuous residence in the United States for at least five years, with a physical presence in the country for at least 30 months out of those five years.
- Showing that they have lived for at least three months in a state or USCIS district with jurisdiction over their place of residence.
- Demonstrating good moral character and attachment to the principles and ideals of the U.S. Constitution.
- Being able to read, write, and speak basic English (depending on age).
- Passing a civics test on U.S. history and government.
It is important to note that green card holders are not considered citizens under the Constitution and do not have the right to vote in federal, state, or local elections. However, they do enjoy basic constitutional rights, such as the right to live and work permanently in the United States, the right to be protected by U.S. laws, and the responsibility to pay taxes and obey all laws.
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Green card holders' right to re-entry
Green card holders are considered legal permanent residents of the United States. They are afforded basic constitutional rights, including the right to live and work in the United States, and the right to be protected by U.S. laws. However, they do not have the right to vote in federal, state, or local elections.
With regards to the right of re-entry, green card holders are free to travel abroad. However, if a green card holder spends more than a year outside of the United States, they may be deemed to have abandoned their U.S. residence. To avoid this, they can apply for a re-entry permit, which allows them to maintain their U.S. residence for up to two years.
The re-entry permit is simply a travel document, and it does not guarantee the right to re-enter the United States. Green card holders may still face scrutiny and questioning from CBP officials upon their return, especially if they have a criminal record. To apply for a re-entry permit, green card holders must file Form I-131 from within the United States, and it is recommended to do so at least 60 days before travelling.
Obtaining U.S. citizenship is the best way to ensure that an individual can travel and return to the United States without facing issues related to their residence status.
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Green card holders' rights at airports and ports of entry
Green card holders, or lawful permanent residents (LPRs), have certain rights and responsibilities. They are granted the right to live and work permanently in the United States, provided they obey all laws and do not commit any actions that would make them removable under immigration law. They are also required to pay taxes and support the democratic form of government, although they do not have the right to vote in federal, state, or local elections.
At airports and ports of entry, LPRs are only required to answer questions establishing their identity and permanent residency, in addition to customs-related questions. Refusal to answer other questions may lead to delays but will not result in denial of entry into the United States. LPR status can only be revoked by an immigration judge, and green card holders cannot be refused entry unless their travel exceeded 180 days or they engaged in illegal activity after leaving the country.
LPRs do not have to answer questions about their religious beliefs and practices or political opinions, and they cannot be denied entry for declining to answer such questions. They do, however, have the right to request that any additional screening required for religious headwear be conducted by a person of their gender in a private area.
In terms of electronic devices, LPRs should be aware that Customs and Border Protection (CBP) officers claim the right to search and confiscate devices without suspicion of wrongdoing. Although providing a password is not mandatory, refusal may lead to delays or denial of entry. It is recommended to consult an immigration lawyer for specific advice regarding this matter. If devices are searched or confiscated, LPRs have the right to request a receipt and have the search conducted in front of a supervisor.
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Frequently asked questions
Green card holders have the right to live and work permanently in the United States, provided they obey all laws and do not commit any actions that would make them removable under immigration law. They are also protected by all laws of the United States, their state of residence, and local jurisdictions.
Yes, green card holders can be deported for committing certain crimes, such as terrorism, failing to notify immigration officials of a change in address, or engaging in marriage fraud. The federal government has broad authority to arrest and deport green card holders on terrorism grounds, even if they have not been convicted of a crime.
No, green card holders are not considered citizens under the US Constitution. However, they have many of the same basic constitutional rights as citizens, such as freedom of speech and the right to live and work in the United States. Green card holders can also become citizens through the naturalization process after residing in the United States for at least five years.
