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| As an immigrant, you must file income tax returns and report your income to the Internal Revenue Service (IRS) and your state, city, or local tax department, if required. If you do not file income tax returns while living outside of the U.S. for any length of time, for US-Resident, if you say that you are a “non-immigrant” on your tax returns, the U.S. government may decide that you have given up your permanent resident status. . |
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| The United States is a law-abiding society. Immigrants in the United States must obey all laws. If you are a permanent resident or non-permanent resident and engage in or are convicted of a crime in the U.S., you could have serious problems.You could be removed from the country, not allowed back into the U.S. if you leave the country, and, in certain circumstances, lose your eligibility for U.S. citizenship. |
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Examples of crimes that may affect your permanent resident status include: |
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• A crime defined as an “aggravated felony,” which includes crimes of violence that are felonies with a 1-year prison term.
• Murder,Terrorist activities, Rape, Sexual assault on a child, Trafficking in drugs, firearms, or people.
• A crime of “moral turpitude,” which in general is a crime with an intent to steal or defraud; a crime where physical harm is done or threatened; a crime where serious physical harm is caused by reckless behavior; or a crime of sexual misconduct. There are also serious consequences for you as a permanent resident if you:
• Lie to get immigration benefits for yourself or someone else. Say you are a U.S. citizen if you are not.
• Vote in a federal election or in a local election openonly to U.S. citizens. Are a “habitual drunkard”—someone who is drunk or someone who uses illegal drugs most of the time.
• Are married to more than 1 person at the same time.
• Fail to file tax returns when required. |
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Important Message
What you do now as a Non-permanent in the U.S. can affect your ability to become a U.S. Resident, or U.S. citizen later. |
| As a Non-permanent, you have the right to: |
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If You Are a Conditional Resident
You may be in the U.S. as a conditional resident (CR).You are a CR if you were married for less than 2 years to your U.S. citizen or permanent resident spouse on the day your permanent resident status was granted. |
If you have children, they also may be CRs. Some immigrant investors are also conditional residents. A CR has the same rights and responsibilities as a permanent resident. Conditional residents must file either Form I-751, Petition to Remove the Conditions on Residence, or Form I-829, Petition by Entrepreneur to Remove Conditions, within 2 years of the date they were granted conditional permanent resident status. This date is usually the expiration date of your Permanent Resident Card.You should file these forms within 90 days of the 2-year anniversary of when you got your conditional resident status. If you do not do this, you can lose your immigration status. |
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Beware of Immigration Consultant Fraud!
Many immigration practitioners are well qualified and honest and can provide good services to immigrants. However, there are some people who take advantage ofimmigrants.Before you |
decide to get help with immigration matters, and before you pay any money, you should do some research so you can make the right decision about what kind of legal help you need. Protect yourself from becoming a victim of immigration fraud.
• No private organization or person offering help with immigration issues has a special connection with USCIS. Ask questions of people who make promises that sound too good to be true or who claim to have a special relationship with USCIS. Do not trust people who guarantee results or faster processing. If you are not eligible for an immigration benefit, using an immigration lawyer or consultant will not change that.
• Some consultants, travel agencies, real estate offices, and people called “notaries public” offer immigration services. Be sure to ask questions about their qualifications and ask to see copies of their BIA accreditation letter or bar certificate. Some people who say they are qualified to offer legal services are not.These people can make mistakes that cause serious problems for you.
• If you use an immigration consultant or lawyer, get a written contract. The contract should be in English and in your own language, if English is not your native language. The contract should list all services that will be provided to you and how much they cost. Ask for references before you sign the contract.
• Try to avoid paying cash for services. Make sure you get a receipt for your payment. Be sure to keep your original documents.
• Never sign a blank form or application. Make sure you understand what you are signing. Get help if an immigration consultant has cheated you. Call your state or local district attorney, consumer affairs department, or local police department. |
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There are some things you must do to maintain your permanent resident status.These are also important to remember if you plan to apply for U.S. citizenship in the future.
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Permanent residents who leave the United States for extended periods, or who cannot show their intent to live permanently in the U.S. , may lose their permanent resident status. If you think you will be out of the U.S. for more than 12 months, you should apply for a re-entry permit before leaving the country. You should file Form I-131, Application for a Travel Document. A re-entry permit is valid for up to 2 years and shows that you are returning from a temporary visit abroad.You may show the re-entry permit at a port of entry. You can get this form at http://www.uscis.gov or by calling the USCIS Forms Line 1800-375-5283.You must pay a fee to file Form I-131.
If you are not able to return to the U.S. before your re-entry permit expires or you did not apply for a re-entry permit before leaving the U.S. and have been outside the U.S. for more than 12 months, you may be able to get a special immigrant Returning Resident (SB-1) visa overseas from the Department of State.There are special requirements for this visa.Visit http://www.state.gov or your nearest Department of State Consular Office overseas for more information.
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Keep copies |
| Keep copies of all forms you send to USCIS and other government offices. When sending documents, do not send originals. Send copies. Sometimes forms get lost. Keeping copies can help avoid problems. |
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If you need help with an immigration issue, you can use the services of a licensed and competent immigration lawyer.You can check with your local bar association for help finding a qualified lawyer.
If you need legal help on an immigration issue, but do not have enough money to hire a lawyer, there are some low-cost or free assistance options.You can ask for help from: |
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A Recognized Organization. These are organizations that are recognized by the Board of Immigration Appeals (BIA). For an organization to be “recognized,” it must have enough knowledge and experience to provide services to immigrants, and can chargeor accept only very smal or |
| acceptonly very small fees for those services.For a list of these BIA-recognized organizations, see |
An Accredited Representative. These are people who are connected to BIA “recognized organizations.” These representatives can charge or accept only very small fees for their services. For a list of these BIA accredited representatives.
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A Qualified Representative. These are people who will provide free services. These representatives must know about immigration law and the rules of practice in court. Examples of qualified representatives include law school students and graduates and people with good moral character who have a personal or professional affiliation with you (relative, neighbor, clergy, co-worker, friend).
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Free Legal Service Providers. The Office of the Chief Immigration Judge has a list of recognized free legal service providers for people who are in immigration proceedings (see http://www.usdoj.gov/eoir/probono/states.htm ).This is a list of attorneys and organizations that may be willing to represent immigrants in proceedings before the Immigration Courts.The attorneys and organizations on this list have agreed to help immigrants pro bono (free of charge) only in immigration proceedings, so some of them may not be able to help you with non-court related matters (that is, visa petitions, naturalization, etc.).
Pro Bono Program . Local lists of recognized pro bono (free of charge) organizations and their representatives are usually available at each local USCIS office. |
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