The rights of United States permanent residents

The rights of United States permanent residents are the set of legal, economic and social privileges the United States government extends to foreign nationals granted Lawful Permanent Resident (LPR) status. This status is evidenced by the Permanent Resident Card — popularly known as the “green card” — which allows the holder to live, work and study in the United States indefinitely without renouncing their original citizenship.

Compared with non-immigrant visas such as the H-1B, L-1 or E-2, permanent resident status brings considerably greater stability and rights. Green card holders are no longer tied to a sponsoring employer, face no visa time limit, and have a clear route to becoming a United States citizen after 5 years (or 3 years for the spouse of a citizen). This article analyses in detail the groups of rights of United States permanent residents under the official USCIS rules.

The right to live and work indefinitely

This is the foundational and most important right of United States permanent residents. According toUSCIS, permanent residents are permitted to reside permanently in any state or city in United States territory without time limit.

On the right to work, permanent residents may practise freely in any lawful job suited to their professional qualifications. No separate work permit (Employment Authorization Document) is needed, there is no tie to a specific employer as with the H-1B visa, and they may change jobs at any time without reapplying for a visa.

Permanent residents are permitted to open their own business in the United States, invest in startups, buy and sell shares and take part in every lawful economic activity. This is an important difference from non-immigrant visas, which usually restrict the kinds of business activity permitted.

However, note that certain positions in the federal government and roles relating to national security are reserved to United States citizens. Fields such as the FBI, the CIA, the senior ranks of the military, and many positions requiring security clearance all exclude permanent residents.

The legal protection rights of United States permanent residents

Permanent residents enjoy the full protection of federal law, state law and local regulation as United States citizens do. These rights are guaranteed by the United States Constitution and the civil rights statutes.

The basic constitutional rights comprise freedom of speech (the First Amendment), protection from searches without a warrant (the Fourth Amendment), the right to remain silent when questioned (the Fifth Amendment), and the right to defence counsel (the Sixth Amendment). Before the courts, permanent residents receive a fair trial and have the right to appeal adverse decisions.

Permanent residents are protected against discrimination under Title VII of the Civil Rights Act 1964 and several related statutes. This applies in employment, housing, education and access to public services. States and localities may provide protection beyond the federal level.

Unlike citizens, permanent residents have no right to vote in federal, state or local elections. This is the clearest dividing line between LPRs and citizens. Some cities such as New York and San Francisco allow permanent residents to vote in a few limited local elections, but these are exceptions.

The right to sponsor family members

Family sponsorship is one of the rights of United States permanent residents of greatest economic and emotional value. Permanent residents may petition for immigrant visas for certain eligible family members.

Those who may be sponsored comprise a lawful spouse (F2A) and unmarried children under 21 (F2A), together with unmarried children aged 21 and over (F2B). Unlike citizens, permanent residents cannot sponsor parents, siblings or married children — an important limitation to weigh when planning family migration.

The sponsorship process begins with filing Form I-130 (Petition for Alien Relative) with USCIS. Once approved, the case moves to the National Visa Center for further processing. The waiting time depends on the family relationship and country of origin, ranging from 2 to more than 20 years in some cases.

One of the reasons many permanent residents choose to naturalise once eligible is to widen the scope of family sponsorship. United States citizens may sponsor parents immediately (as immediate relatives), as well as siblings and married children — categories permanent residents cannot sponsor.

Social security and healthcare benefits

Permanent residents have access to many United States social welfare programmes provided they meet the requirements on time worked and tax contributions. This is the group of rights most often misunderstood.

Social Security is the main United States retirement system. Permanent residents qualify for Social Security benefits after accumulating 40 credits (equivalent to around 10 years of taxed work). Those who paid Social Security in the United States before receiving a green card still have that period counted towards the total credits.

Medicare is the federal health insurance programme for those aged 65 and over. Permanent residents may enrol in Medicare Part A free of charge where they have paid Medicare tax for at least 10 years. Where 10 years is not reached, Medicare Part A may be bought for a monthly premium.

Supplemental Security Income (SSI) is a support programme for people with disabilities and low-income older people. Permanent residents qualify for SSI but must meet continuous residence requirements and other additional conditions, including having been a permanent resident for at least 5 years in most cases.

Medicaid and CHIP (the Children’s Health Insurance Program) provide health insurance for people on low incomes. Permanent residents usually have to wait 5 years after receiving a green card before qualifying for federal Medicaid, apart from certain exceptions such as refugees, or children and pregnant women in some states.

Access to education and finance

Permanent residents have access to the United States state education system from kindergarten to grade 12 free of charge. This applies to the children of permanent residents whatever the child’s own immigration status.

At university level, permanent residents pay “in-state tuition” at public universities in their state of residence — usually 50-70% lower than “out-of-state” or “international” fees. For example, UCLA fees for in-state students are around USD 14,000 a year against USD 46,000 a year for international students.

On financial aid, permanent residents may file the FAFSA (Free Application for Federal Student Aid) to receive Pell Grants, low-interest federal loans and government scholarships. This is a great advantage over international students, who cannot access these sources.

On banking and credit, permanent residents may open bank accounts, apply for credit cards and take out home and car loans on the same terms as citizens. After building 6-12 months of credit history, interest rates are usually on a par with citizens’ — without the differential applied to non-immigrant visa holders.

International travel rights

Permanent residents may enter and leave the United States freely without a visa, needing only to present a valid green card at the border. This right brings considerable flexibility for those who travel regularly on business or have international family ties.

However, there are important rules to observe to avoid losing the status. Permanent residents must not be continuously absent from the United States for more than 6 months — an absence of between 6 months and 1 year may lead to questioning by CBP (Customs and Border Protection) about the intention to reside. An absence of more than 1 year leads to automatic loss of status, unless a Re-entry Permit (Form I-131) was obtained before departure.

A Re-entry Permit allows permanent residents to remain abroad for up to 2 years without losing status. It must be applied for while still in the United States and cannot be filed after departure. For those who need to be abroad longer for work, the Returning Resident Visa (SB-1) may be an alternative.

Permanent residents should avoid making their main home abroad, paying tax abroad as a “resident” of that country, or taking any action suggesting no intention to reside in the United States. Such conduct may be treated as “abandonment of LPR status” even where the absence has not exceeded 6 months.

Obligations and limitations to observe

Alongside the rights, permanent residents have certain compulsory legal obligations. Failure to comply may lead to loss of status or removal.

Tax obligations are the most important. Permanent residents are treated as “resident aliens” under United States tax law and must report worldwide income to the IRS and the state tax authorities. Failing to file or filing incompletely may result in financial penalties and affect a later naturalisation application.

The obligation to register for Selective Service applies to men aged 18 to 25. Failing to register may lead to refusal of naturalisation and loss of federal financial aid and other benefits. Registration does not mean compulsory military service — it is only a contingency registration.

Permanent residents must update their new address with USCIS within 10 days of moving, using Form AR-11 or the online system. They must carry a valid green card at all times (for those aged 18 and over). The green card is valid for 10 years and must be renewed using Form I-90 before it expires.

The route from green card to United States citizenship

Naturalisation is the summit of the migration journey, turning a permanent resident into a United States citizen with full rights. This route opens up several important additional rights.

Permanent residents become eligible to file for naturalisation after 5 years holding a green card (3 years where married to a United States citizen). The conditions comprise continuous residence, physical presence for at least half the required period, basic English fluency, knowledge of United States history and government, and demonstrating “good moral character”.

The additional rights on becoming a citizen comprise the right to vote in every election, wider family sponsorship (parents, siblings), the right to a United States passport, never being subject to removal, and passing citizenship to children born abroad. The United States recognises dual nationality, meaning Vietnamese people may keep both citizenships.

The details of the naturalisation process are set out in the article onUnited States naturalisation. Applicants may also read further aboutthe United States permanent resident cardto understand the legal nature of the green card clearly.

Conclusion

The rights of United States permanent residents make up a comprehensive package of economic, social and legal benefits, falling short of citizenship in only a few specific respects such as the right to vote and the scope of family sponsorship. For Vietnamese investors, holding a green card through programmes such asvisa EB-5, EB-2 NIW, or family sponsorship brings long-term stability and the chance to grow in the world’s largest economy.

However, permanent resident status is not the final destination for everyone. The worldwide tax obligations, the residence maintenance requirements, and the risk of losing status in particular circumstances need weighing carefully. Strategic planning with the support of an immigration lawyer and a tax specialist from the outset is an important step in making the most of the rights and avoiding the hidden risks throughout a long-term settlement journey in the United States.