Green Cards Attorney in Evanston, Illinois

How can I avoid jeopardizing my green card?

More In This Category

View Transcript

in terms of not jeopardizing your green
card a couple of things come to mind
number one it’s a common sense answer
and that is to stay out of trouble
because if you get in trouble depending
on the severity of the criminal
infraction it could jeopardize your
green card the second one really relates
to your travels abroad let me be
specific if you travel abroad and spend
let’s say 3 four 5 months traveling that
will generally not have an effect on
your green card
however if you spend one day longer than
6 months
abroad but less than 12 months then it
would raise a rebuttable presumption
that you have severed your continuous
presence in the United States thus
potentially calling your green card into
question if you spend 12 months and 1
day abroad then the presumption is no
longer rebuttable meaning you cannot
come back with evidence showing why you
spent so much time
abroad so it is critical to be mindful
of the times that you spend abroad
because they could potentially have a
dire effect on your legal permanent
residence and quite frankly your
prospects of filing for citizenship in
the future

Evanston, IL immigration attorney Alen Takhsh talks about how you can avoid jeopardizing your green card. He advises that protecting one’s green card requires both common sense and careful planning. First and foremost, staying out of legal trouble is essential, as certain criminal infractions—depending on their severity—can jeopardize permanent resident status. Second, international travel must be approached with caution. He explains that trips lasting three to five months abroad typically do not affect a green card. However, spending more than six months but less than twelve months outside the United States creates a rebuttable presumption that continuous residence has been broken, which could place the green card at risk. If an absence extends beyond twelve months and one day, that presumption becomes irrebuttable, meaning the individual cannot present evidence to justify the extended stay. He stresses that being mindful of time spent abroad is critical, as lengthy absences can not only threaten lawful permanent resident status but also undermine future eligibility for U.S. citizenship.

More Videos From This Lawyer