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There are two main statuses held by lawful residents of the United States:
- Permanent Resident
- US Citizen
Both of these statuses grant certain rights to the people who hold them. There are some big differences that are important to understand if you are seeking one of these two statuses.
Lawful Permanent Residence (LPR)
Once you get an LPR card, you are a permanent resident of the US. An LPR card is also called a green card.
An LPR can live and work in the US permanently. With some exceptions, you can travel outside the US.
An LPR can petition for certain family members to join them in the US. These include:
- Spouse green card application, and
- Petition for an Alien Relative for unmarried children.
There are some limitations of rights associated with this status that separate it from citizenship. You cannot vote in US elections. You cannot apply for some government jobs. You are required to carry your LPR card and passport. You will need these to return to the US.
You are subject to admission requirements for any trips over 6 months. This could have a serious impact on public benefits.
If you plan to travel outside the US for more than 12 months, first contact USCIS for a reentry permit.
You can lose your status in certain situations.
You abandon your US residence if you:
- Leave the US to pursue residency in another country, or
- Spend 12 months living outside the US without requesting a reentry first.
You might be deported if you commit certain offenses, or failure to follow the USCIS LPR rules.
US Citizenship
If you were born in the US or born to US citizen parents living abroad, you are a US citizen. You can also acquire citizenship though the naturalization process. A US citizen:
- Cannot be deported,
- Cannot be subject to restrictions on travel,
- Has the right to permanently live outside the US,
- Has the right to vote in federal, state, and local elections,
- Can hold certain government jobs and offices, and
- Can seek certain benefits and scholarships reserved for US citizens .
When a US citizen petitions for others to receive permanent residence, they can do so for a longer a list of family members. This includes parents and siblings. The process could also be faster.
Acquiring US Citizenship
The first step to acquiring US citizenship is becoming a US Permanent Resident. You do this for the vast majority of cases. Permanent residents can apply for US citizenship after a minimum required waiting period. They must also complete the naturalization process. The application process can look at many factors including:
- Age
- Behavior while a permanent resident
- Continuity of physical presence in the US
- Ability to read, write and speak English
If you have questions about your eligibility or the general process of naturalization, you should seek assistance from an experienced US immigration attorney.
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Part of the Immigration rights library, sponsored by Skadden
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