The list below is not exhaustive but things to consider before voluntarily relinquishing your green card:
1. If you relinquish your lawful permanent resident status but wish to regain it in the future you must qualify all over again for the status.
2. Abandonment of lawful permanent resident status is irrevocable.
3. After you give up green card and permanent residence status, you will have to apply for an appropriate visa to enter the U.S. again.
4.Your journey towards U.S. citizenship will come to an end after you give up green card.
5. You cannot sponsor your spouse and/or unmarried children for permanent status after giving up Green Card and any petition you filed for your family members before you give up green card will be deemed abandoned when you terminate your green card status.
6. After giving up green card, you will lose the right to apply for government-sponsored financial aid for education.
7. Your Green Card gives you the ability to work for any company located in any U.S. territory, regardless of job function, hours/week, etc. (except for certain companies that for national security reasons only hire U.S. citizens). With a Green Card there is no need for employer sponsorship.
8. Unlike permanent residence, if you come to the U.S. on a nonimmigrant visa, your spouse and children will lose their dependency status as soon as you lose yours (for instance, if you are in the U.S. on an H1B visa and your spouse and child(ren) are on H-4, then they will lose their status as soon as you are laid off from your H1B position). Note however, if you obtained a green card for your family, they will retain it even if you give up or lose your status.
9. If you are a Green Card holder, your spouse and minor unmarried children under 21 years of age can qualify for permanent residence as dependents, and once permanent residence is granted they are allowed to stay in the U.S. with the right to work and attend school, unlike many nonimmigrant visas. After giving up US green card, your spouse and children will have to obtain appropriate visas to study and work except in a few visa categories.
10. In many cases you cannot get a mortgage for home purchase if you are a nonimmigrant in the U.S. Many banks require green card or some other long-term visa before granting a mortgage.
11. Changes in immigration rules may hurt your chances of obtaining a nonimmigrant visa to the U.S. whereas you do not run the risk of losing your Green Card if there are changes in the immigration rules. You may lose your green card only when you violate the terms of your green card.
12. Green Card holders receive Social Security benefits when they retire, whereas a nonimmigrant visa holder does not.
Smith & Stephenson LLP resolves immigration concerns for individuals and businesses. We are a full-service Immigration Law Firm and represent clients in all areas of immigration law, including family based immigration and employment-based immigration. If you have immigration questions, we have answers. You can call our Law Offices 24/7 at (212) 400-7147. Our Immigration Law Firm is located in New York, New York. Our firm serves primarily clients from the Tri-state area, however, we offer telephone consultations and we can help clients all over the United States and throughout the world.
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