A lawful permanent resident is an immigrant who is living legally in the United States and who has received the right to live here indefinitely. This is also known as a green card. Green card holders are not citizens of the United States and there are plenty of differences between being a lawful permanent resident vs citizen in this country.
Whether you’re simply curious about the rights of a lawful permanent resident vs citizen or are a green card holder considering applying for citizenship through naturalization, this guide will compare the differences between being a lawful permanent resident vs citizen of the United States.
Lawful Permanent Resident vs Citizen: Voting
First, lawful permanent residents are not permitted to vote in federal or state elections in the United States. Only U.S. citizens are allowed to vote within the United States. With that said, depending on the laws of their country of origin, lawful permanent residents may still be allowed to vote in the country in which they currently have citizenship.
Lawful Permanent Resident vs Citizen: Military Service
Lawful permanent residents are allowed to join the military and serve just like citizens. In fact, a green card holder can earn the right to apply for citizenship through their service. Typically, a lawful permanent resident is required to have lived within the United States while maintaining their legal status for at least five continuous years (or three years if they’re married to a U.S. citizen) before they can apply for citizenship. Meanwhile, eligible foreign-born service members require no more than a single day of honorable service during a state of conflict (or one year of honorable service during peacetime) before they are allowed to apply for citizenship through naturalization.
This process begins with filling out a Request for Certification of Military or Naval Service (also known as Form N-426) and ends with being interviewed by an official from the USCIS followed by an oath of allegiance to the United States. Of course, to be eligible for citizenship through this method, there are several additional qualifications that must be met before applying.
Lawful Permanent Resident vs Citizen: U.S. Employment
Anyone with lawful permanent residency has the right to work in the U.S. for most employers just like citizens are, though there are some caveats that must be noted:
- In most cases, lawful permanent residents are legally not allowed to possess a job in the federal government, particularly any positions that require security clearance, unless no citizen can fill the position.
- A lawful permanent resident must have their green card available to prove their right to work in the country, but a citizen of the United States does not have this same obligation. A lawful permanent resident may not be able to start a new job if they lose their green card and may have to wait for a replacement green card before they begin working.
Should a lawful permanent resident ever find themselves suddenly without work, they will still qualify for unemployment just as a citizen would.
Lawful Permanent Resident vs Citizen: International Travel
Lawful permanent residents are allowed to freely travel outside of the United States with only two major restrictions that U.S. citizens do not have:
- If a lawful permanent resident is abroad for more than 180 days, they may be asked to provide evidence that they still have ties to the United States and that they intend to continue living there. Typically, documentation of ongoing employment within the US is more than enough to prove this, but the immigrant should discuss this with their lawyer in advance.
- Should a lawful permanent resident plan to remain abroad for more than 365 days, they must first apply for a re-entry permit, or else their permanent residence will be considered abandoned. Lawful permanent residents may apply for a re-entry permit that extends the permitted time abroad to two years. Lawful permanent residents may need to provide additional evidence to qualify for the re-entry permit, though employment documentation may be sufficient in this case as well.
Regardless, if a green card holder is out of the country for longer than a year, it will completely reset the required time to become a citizen. Plus, repeated long absences in a short period of time will call the legitimacy of their permanent residency into question. U.S. citizens have none of these same concerns and can leave the U.S. for years at a time without concern.
Lawful Permanent Resident vs Citizen: Paying Taxes
Lawful permanent residents must report and pay their taxes in the same manner as a United States citizen. This means that they must accurately report and pay taxes on their worldwide income and file a Form 1040 with the IRS.
Lawful permanent residents may need to consult specific tax treaties between the U.S. and their nation of origin when filing taxes. If they’re considered a dual-resident, they may have to file additional forms (such as a Form 1040NR). Additionally, lawful permanent residents who terminate their residency in the United States may trigger additional expatriation taxes.
Regardless of the exact reasons, consulting someone well-versed in the U.S. tax code through the immigration lens is usually beneficial for green card holders filing taxes.
Lawful Permanent Resident vs Citizen: Buying a Home
As green card holders in the United States, lawful permanent residents are generally allowed to purchase their own real estate, including a home for their own residency. Lawful permanent residents have the same property rights as U.S. citizens, which means they can buy, sell, and own property just as a citizen can.
Just like a U.S. citizen however, a green card holder may need to take out a loan of some kind to finance the purchasing of their home. This can take the form of a traditional mortgage or a specialty loan intended for lawful permanent residents.
Lawful Permanent Resident vs Citizen: A Journey
Acquiring U.S. citizenship as a lawful permanent resident is significantly easier journey when you have the right legal team helping you with your application. If you’re thinking make the transition from lawful permanent resident to naturalized U.S. citizen, contact Warren Law Firm. We have over 20 years of experience handling U.S. immigration issues of all kinds. We are experts at immigration law and have helped countless green card holders gain citizenship through naturalization.