Once an applicant becomes a permanent resident or what is called a green card holder then this state of permanent residence has to be maintained, until the applicant:
- Applies for and initiates the naturalization process, or
- Loses or does away with the status of permanent residence.
There are some ways in which an applicant loses his or her status as a legal permanent resident.
CONDITIONS TO THE STATUS
The Immigration and Nationality Act of which Section 215 gives the applicant the provision for becoming a permanent resident based on the condition of marriage.
A sub-section, Section 216A of the INA allows the applicant based on investments.
Both these sections can enable USCIS to terminate the applicant’s conditional status if a fraud or an untoward incident treated as a crime is perpetrated.
That status could be lost if a final order against the applicant is issued by an immigration judge.
DOING AWAY WITH PERMANENT RESIDENT STATUS
The applicant will be doing away with the status if he or she:
- Moves away to another country with the intention of living there on a permanent basis.
- Stays outside the United States for a long period of time.
- Does not pay income tax while staying outside the United States for a long period
- Gives the declaration of “non-immigrant” status in the income tax returns.
