Becoming a US citizen or holder of a US Green Card comes with specific rights, such as living and working permanently in the US. However, there are key distinctions between permanent residency and US citizenship. If you have been granted permanent resident status in the U.S., you possess a green card, also called a permanent resident card. The green card allows you to live and work in the country indefinitely. Nonetheless, there are certain restrictions. These differences significantly impact your rights and obligations.
U.S. citizenship is a lifelong status that offers greater security and protection against unforeseen circumstances. Green card holders have permanent status, but permanent residency does not provide the same level of security as US citizenship.
This article will explore the meanings and differences between lawful permanent residence (LPR) status for green card holders and U.S. citizenship.
US Citizenship vs. Green Card
Below are the main differences between U.S. Citizenship:
What is U.S. Citizenship?
A US citizen is an individual who belongs to the political community of the United States, pledges loyalty, and has specific rights. Depending on individual circumstances, there are various paths to citizenship.
A person can become a US citizen through naturalization, military service, being born in the U.S., or sometimes by being born abroad if their parent is a US citizen and meets specific criteria.
Naturalization is the most common method by which lawful permanent residents can gain U.S. citizenship by fulfilling the criteria set by Congress in the Immigration and Nationality Act (INA). Citizenship can also be acquired from U.S. citizen parents at birth or before turning 18.
Lawful permanent residents can also gain citizenship status through marriage to a U.S. citizen. However, this process requires proof of a genuine marriage and may involve an investigation.
In some cases, qualifying foreign nationals may be able to obtain U.S. citizenship by enlisting in the United States Armed Forces, especially during periods of hostilities. Doing this can expedite the naturalization process.
What is a U.S. Green Card?
A US Green Card, also called a Permanent Resident Card, permits non-US citizens to reside in the US indefinitely and provides access to various benefits similar to those of US citizens.
Several pathways to obtaining a green card can expedite or delay the process. For example, marrying a US citizen can significantly speed up the application process compared to obtaining a temporary visa as a skilled worker and then transitioning to green card status through a job offer. These pathways are known as family sponsorships and employer sponsorships.
The Diversity Visa (DV) Lottery is limited to individuals from countries with low U.S. immigration rates. Many nationalities are ineligible. However, most individuals reside in the U.S. for some time before they receive a green card.
Additionally, foreign nationals have the option to apply for asylum. This option is intended for those who fear for their safety or freedom in their home country due to persecution from their government based on their political beliefs, social group, religion, or race, often called political asylum. You can enter the U.S. on a travel visa while you file your asylum request, or in some cases, you can present your case to an immigration officer upon arrival at a port of entry.
Differences Between US Citizenship and Green Cards
There is confusion about the distinction between a US Green Card and citizenship. While Green Card holders can live permanently in the US like citizens, they are still classified as noncitizens. This case means that US citizens have more rights than Green Card holders.
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Risk of Deportation
While U.S. citizens cannot be deported for crimes, citizenship can be revoked (denaturalized) if obtained fraudulently, including cases involving serious offenses.
On the other hand, a green card holder could be subject to removal proceedings and potentially deported for serious crimes or legal violations. In summary, a green card holder may be deported from the U.S. if they:
- Engaged in marriage fraud
- Were not eligible for entry into the U.S. or for adjusting status, or breached the conditions of a visa, green card, or another immigration status. (Permanent residents who have been outside the U.S. for less than 180 continuous days generally do not face admissibility issues upon returning unless they have committed specific crimes)
- Knowingly assisted in smuggling another person into the U.S. before, during, or within five years of any entry into the country.
- Married less than two years before obtaining a U.S. green card based on that marriage, and then had the marriage annulled or ended within the next two years. They can be deported unless the immigrant can demonstrate that the marriage was genuine and not intended to bypass immigration laws.
- Failed to register as a sex offender.
- Convicted of a crime involving moral turpitude within five years of entering the U.S. (or ten years if they obtained a green card as a criminal informant) that carries a potential sentence of at least one year.
- Convicted of an aggravated felony at any time after entering the U.S.
- Convicted of two or more crimes involving moral turpitude at any point after entering the U.S., provided the offenses did not stem from a single act of wrongdoing.
- An individual may face deportation if, after entering the U.S., became a drug abuser or addict. A formal court conviction is not required for deportation under this rule; a personal admission of drug use or information from a medical report may suffice.
- Those convicted of a drug-related offense (including conspiracy or attempts) at any time after entering the U.S., whether in the U.S. or abroad, are also subject to deportation. However, there is an exception for a single offense involving the possession of 30 grams or fewer of marijuana for personal use.
- Additionally, individuals convicted of illegally buying, selling, possessing, or dealing with firearms, weapons, or explosive devices after U.S. admission can face deportation.
- Convictions for espionage, sabotage, treason, or sedition are punishable by a minimum of five years in prison and can result in deportation.
- Violations of specific travel and documentation laws or the importation of aliens for immoral reasons can result in deportation as well.
- They misrepresent themselves as a U.S. citizen to obtain immigration or other advantages. An exception applies if the individual’s parents (biological or adoptive) are or were U.S. citizens, the individual resided in the U.S. before turning 16, and they genuinely believed they were U.S. citizens.
- Has been issued a final deportation order due to document fraud, forgery, counterfeiting, or similar offenses
- Breaches of the Military Selective Service Act or the Trading With the Enemy Act are grounds for deportation.
- Have been found guilty of domestic violence, stalking, child abuse, child neglect, or child abandonment at any point after entering the U.S.
- Have breached a protective order designed to prevent credible threats of violence, ongoing harassment, or physical harm.
- They have not informed U.S. immigration authorities in writing about a change of address within 10 days of moving unless they can demonstrate that the oversight was justifiable or unintentional.
- Have engaged in or planned human trafficking, whether within the U.S. or abroad, or have knowingly assisted someone involved in serious human trafficking; this includes being the trafficker’s spouse or child or receiving financial or other benefits from such illegal activities in the last five years.
- Have been convicted of providing false information related to the requirement to register with U.S. immigration authorities or for other offenses involving fraud and misuse of visas, permits, and entry documents.
- Has participated in or is likely to participate in terrorist activities, has encouraged such activities, is associated with a terrorist organization that supports or promotes terrorism, is a member of a terrorist group (unless they can prove ignorance of its terrorist goals), or advocates for terrorist actions.
- Is involved in or engages in espionage, sabotage, or breaches of laws related to the export of goods, technology, or sensitive information, or any other criminal acts that threaten public safety or national security
- Individuals who have voted in violation of any federal, state, or local laws are generally disqualified, except for those who believed they were U.S. citizens due to their parentage. These include participation in Nazi persecution, genocide, torture, extrajudicial killings, serious violations of religious freedom, or the recruitment and use of child soldiers.
This is also a concern if someone becomes a public charge (dependent on government assistance) within five years of entering the U.S. for reasons unrelated to their entry.
In some rare situations, the authorities may take away a foreign national’s citizenship if serious and substantial misrepresentations occur during any part of the U.S. immigration process.
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Voting Rights
In the US, lawful permanent residents (LPRs), often known as green card holders, enjoy many of the same rights and privileges as citizens. However, voting is not one of them. Generally, green card holders cannot vote in federal elections and are usually barred from participating in state and local elections, although exceptions exist.
The rules surrounding voting rights for green card holders are complicated and vary by state, making it essential to understand local laws before voting. Even registering without proper authorization can result in severe penalties. Green card holders may face fines, imprisonment, or even deportation if they register to vote, regardless of whether they cast a ballot. The government views registering to vote as fraudulent since it implies that the individual is a U.S. citizen.
To vote in U.S. elections, individuals must fulfill specific criteria. Voting without meeting these criteria is illegal and can have significant consequences.
According to the law, voters need to be:
- A citizen of the United States
- A resident of the state where they are voting
- Registered to vote (before their state’s deadline)
- At least 18 years old on or before Election Day
To become a U.S. citizen, one must:
- Have been a permanent resident for a minimum of 5 years
- Possess basic English skills
- Be at least 18 years old
- Maintain continuous residency for 5 years
- Be physically present in the U.S. for 30 months
- Reside in the same state or USCIS district for 3 months
- Demonstrate good moral character.
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Travel Restrictions
Green card holders are allowed to travel outside the United States. However, taking long trips can jeopardize their status as lawful permanent residents and affect their chances of applying for U.S. citizenship. While this may not be a significant issue for many residents, you should consider if you plan to visit family abroad or leave the U.S. for an extended time for any other reason.
Essential Documents When Travelling
Before you leave, ensure you have all the required documents for traveling outside the country. Most green card holders should show their passport from their home country or, in some cases, a refugee travel document.
You should also carry your green card throughout your trip. Keep in mind that entry requirements vary by country. Some countries may require a visa upon arrival, so you should contact the embassy of your destination for specific information. For general travel tips, visit the U.S. Department of State’s “Before You Go” webpage.
When you return to the United States, you must present your green card (officially known as Form I-551, Permanent Resident Card) along with your passport. You can also provide additional identification, such as a U.S. driver’s license or a foreign national I.D. Customs and Border Protection (CBP) officers will review these documents to decide if you can reenter the country.
Applying for Reentry Permits
If you plan to be outside the country for 6 months to a year, you should apply for a reentry permit. For trips exceeding one year, obtaining a reentry permit is mandatory. Not applying for one poses a significant risk of losing your green card upon your return.
While this permit does not guarantee entry into the U.S., it can help show your intention to reside permanently there. To apply for a reentry permit, complete Form I-131, the “Application for Travel Document.”
Keep in mind that the reentry permit is valid for only 2 years. If you anticipate being away longer, consider applying for an SB-1 or “Returning Resident Visa.” You can do this at your local U.S. Embassy or consulate. As part of the application, you will undergo a medical examination and prove your eligibility for an immigrant visa.
On the other hand, having U.S. citizenship removes these restrictions and opens up more opportunities for long-term travel or living overseas. U.S. citizens generally have more advantages when sponsoring eligible family members who wish to move to the U.S. and apply for permanent residency.
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Eligibility For Federal Jobs
This aspect is the main distinction between having a green card and being a citizen. While evident, it includes more than the ability to vote or run for office. Ensure you have the financial backing before acquiring a green card.
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Family Sponsorship Benefits
Citizenship for children abroad requires a U.S. citizen parent meeting residency requirements according to The Immigration and Nationality Act Section 320. On the other hand, a Green Card holder can only apply for permanent residence cards for their dependents based on their relationship.
For instance, a Green Card holder can petition for their spouse and unmarried children under 21 to receive a permanent residence permit. Unmarried children of lawful permanent residents aged 21 or older can also qualify for a Green Card.
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US Passports
Only US citizens are eligible for a US passport, which allows them to enter many countries without needing a visa. Conversely, Green Card holders must first become citizens to obtain a US passport.
The United States allows dual citizenship, so citizens can hold both a US passport and one from their country of origin unless their home country has restrictions against it. When traveling, permanent residents must carry their home country passport and permanent resident card.
Find an Immigration Law Firm Near Me
There are many differences between permanent residency and citizenship. You might be content as a permanent resident, but curious about the steps needed to become a U.S. citizen. You might also know about the advantages of becoming a citizen but wonder if they are worthwhile. Also, the technical immigration paperwork could raise questions about needing an immigration lawyer.
Whether you keep renewing your green card or pursue U.S. citizenship, you should ensure you are making the right decisions and have a reliable immigration attorney like the California Immigration Attorney to guide you. With years of experience in various U.S. immigration matters, we specialize in immigration law and have successfully assisted many Green Card holders in becoming citizens through naturalization. Contact us today at 424-789-8809 to set up your consultation.