Resident Alien: Rights, Responsibilities & Path to US Citizenship

Jul 25, 2025

Understanding Resident Alien Status in the United States

Navigating the complexities of U.S. immigration law can be daunting, especially when trying to understand different immigration statuses. One such status is that of a "resident alien," also often referred to as a Lawful Permanent Resident (LPR) or green card holder. This article provides a comprehensive overview of the rights, responsibilities, and pathways to citizenship for resident aliens in the United States.

What is a Resident Alien?

A resident alien, according to U.S. immigration law, is a foreign national who has been granted the legal right to live and work permanently in the United States. This status is typically evidenced by a Permanent Resident Card, commonly known as a “green card.” The term "resident alien" can sometimes be confusing because it is also used in tax law, where the definition differs slightly. In immigration law, it specifically refers to individuals with LPR status.

Being a resident alien grants numerous privileges, but it also comes with certain obligations that must be met to maintain this status and eventually pursue U.S. citizenship.

Rights of Resident Aliens

Lawful Permanent Residents enjoy many of the same rights as U.S. citizens, with a few key exceptions. Here are some of the most significant rights granted to resident aliens:

Right to Live and Work Permanently: The most fundamental right is the ability to live and work in the U.S. indefinitely, subject to maintaining residency and adhering to U.S. laws.
Right to Work in Most Jobs: Resident aliens can work in almost any job in the U.S., with certain restrictions applying to government positions requiring U.S. citizenship.
Right to Own Property: They have the right to buy, sell, and own property in the U.S., just like U.S. citizens.
Right to Attend Public Schools and Universities: Resident aliens can attend public schools and universities, often at the same tuition rates as in-state U.S. citizens (depending on state residency requirements).
Right to Travel: Resident aliens can travel outside the U.S. and return, provided they do not stay outside the country for extended periods (typically more than one year) without proper documentation. Re-entry permits are crucial for longer absences.
Right to Sponsor Family Members: They can petition for certain family members (spouse, unmarried children) to obtain green cards and immigrate to the U.S. The waiting times for these petitions vary depending on the relationship and the country of origin.
Protection Under U.S. Laws: Resident aliens are protected by U.S. laws and have the right to due process, equal protection, and freedom from discrimination.
Right to Apply for Citizenship: After meeting certain eligibility requirements, resident aliens can apply for U.S. citizenship.

Limitations on Rights

While resident aliens have many rights, they also face certain limitations compared to U.S. citizens:

Right to Vote: Resident aliens cannot vote in federal, state, or local elections.
Right to Hold Certain Government Jobs: Many government positions, particularly those involving national security, require U.S. citizenship.
Right to a U.S. Passport: Resident aliens cannot obtain a U.S. passport. They must use their passport from their country of origin or a refugee travel document if applicable.
Deportation: Resident aliens can be deported for certain criminal convictions or violations of immigration law. This is a significant difference from U.S. citizens, who cannot be deported.

Responsibilities of Resident Aliens

Along with rights come responsibilities. Resident aliens are expected to uphold the laws of the United States and fulfill certain obligations. Failure to do so can jeopardize their residency status and future chances of becoming a U.S. citizen.

Obey All Federal, State, and Local Laws: This is paramount. Criminal convictions, even for minor offenses, can have serious consequences for resident aliens, including deportation.
Pay Taxes: Resident aliens are required to pay federal, state, and local taxes, just like U.S. citizens. Failure to pay taxes can lead to fines, penalties, and even deportation.
Register with the Selective Service (if applicable): Male resident aliens between the ages of 18 and 25 are required to register with the Selective Service System.
Carry Your Green Card: Resident aliens are required to carry their green card (or a copy) at all times as proof of their legal status.
Notify USCIS of Address Changes: Within 10 days of moving, resident aliens must notify the United States Citizenship and Immigration Services (USCIS) of their new address using Form AR-11.
Maintain Residency: Resident aliens must maintain their intention to reside permanently in the U.S. Extended absences from the U.S. can be interpreted as abandonment of residency.

Consequences of Failing to Meet Responsibilities

Failing to meet these responsibilities can have severe consequences, including:

Deportation: Criminal convictions, particularly for aggravated felonies or crimes involving moral turpitude, can lead to deportation. Violations of immigration law, such as overstaying a previous visa or engaging in fraud, can also result in deportation.
Loss of Green Card: Abandoning residency by living outside the U.S. for an extended period can result in the loss of green card status.
Denial of Citizenship Application: Failing to meet the requirements for naturalization, such as good moral character, can lead to the denial of a citizenship application.

Pathways to U.S. Citizenship for Resident Aliens

One of the most significant benefits of being a resident alien is the opportunity to apply for U.S. citizenship through a process called naturalization. Becoming a U.S. citizen grants all the rights and privileges of citizenship, including the right to vote and obtain a U.S. passport.

Eligibility Requirements for Naturalization

To be eligible for naturalization, resident aliens must meet several requirements, as outlined in the Immigration and Nationality Act (INA). These requirements include:

Age: Applicants must be at least 18 years old.
Continuous Residence: Applicants must have resided continuously in the U.S. as a lawful permanent resident for at least five years prior to filing the application (or three years if married to a U.S. citizen).
Physical Presence: Applicants must have been physically present in the U.S. for at least half of the required continuous residence period (30 months out of 5 years, or 18 months out of 3 years if married to a U.S. citizen).
Residence in a State or USCIS District: Applicants must have resided for at least three months in a state or USCIS district prior to filing the application.
Good Moral Character: Applicants must demonstrate good moral character for at least five years prior to filing the application (or three years if married to a U.S. citizen) and until the time of naturalization. This includes not having any criminal convictions that would bar them from citizenship.
Knowledge of English: Applicants must demonstrate an understanding of the English language, including the ability to read, write, and speak English. There are exceptions for certain individuals who are over 50 or 55 years old and have resided in the U.S. for a certain period.
Knowledge of U.S. History and Government: Applicants must demonstrate a knowledge and understanding of the fundamentals of the history, principles, and form of government of the United States (civics).
Attachment to the Constitution: Applicants must be attached to the principles of the U.S. Constitution and be willing to take the Oath of Allegiance.

The Naturalization Process: Step-by-Step Guide

The naturalization process typically involves the following steps:

Determine Eligibility: The first step is to carefully review the eligibility requirements and ensure that you meet all the criteria.
Complete Form N-400, Application for Naturalization: This is the primary application form for naturalization. It requires detailed information about your background, immigration history, and eligibility for citizenship.
Gather Supporting Documents: You must gather all the necessary supporting documents to prove your eligibility, such as a copy of your green card, marriage certificate (if applicable), and documentation of your residence in the U.S.
Submit the Application: Once the application and supporting documents are complete, you must submit them to USCIS along with the required filing fee.
Biometrics Appointment: USCIS will schedule a biometrics appointment, where you will be fingerprinted and photographed for background checks.
Interview: You will be scheduled for an interview with a USCIS officer. During the interview, the officer will review your application, ask you questions about your background, and test your knowledge of English and U.S. civics.
English and Civics Tests: You will be required to pass the English and civics tests during the interview. The English test includes reading, writing, and speaking components. The civics test involves answering questions about U.S. history and government.
Decision: After the interview, USCIS will make a decision on your application. If approved, you will be scheduled for a naturalization ceremony.
Naturalization Ceremony: At the naturalization ceremony, you will take the Oath of Allegiance to the United States and receive your Certificate of Naturalization, officially becoming a U.S. citizen.

Common Reasons for Naturalization Application Denial

Many factors can lead to the denial of a naturalization application. Understanding these factors can help applicants avoid common pitfalls and increase their chances of success.

Criminal History: A significant criminal history, including arrests, convictions, and periods of incarceration, is a common reason for denial. Certain crimes, such as aggravated felonies and crimes involving moral turpitude, can permanently bar an applicant from naturalization. Even minor offenses can raise concerns about an applicant's good moral character.
Failure to Pay Taxes: Failing to pay taxes or filing fraudulent tax returns can be a serious issue. Applicants must demonstrate that they have met their tax obligations and are in good standing with the IRS.
Failure to Comply with Selective Service Requirements: Male applicants who were required to register with the Selective Service but failed to do so may be denied naturalization.
Fraud or Misrepresentation: Providing false information or misrepresenting facts on the naturalization application or during the interview can lead to denial.
Inability to Pass the English and Civics Tests: Failing to pass the English and civics tests is a common reason for denial. Applicants must adequately prepare for these tests and demonstrate the required knowledge and skills.
Abandonment of Residency: Spending extended periods outside the U.S. can be interpreted as abandonment of residency and can lead to denial.
Insufficient Evidence: Failing to provide sufficient evidence to support the application, such as documentation of continuous residence and good moral character, can result in denial.

Maintaining Resident Alien Status

Maintaining lawful permanent resident status is crucial for continuing to live and work in the United States. It also is vital for those wishing to eventually apply for U.S. citizenship. Several factors can jeopardize LPR status, leading to potential deportation or loss of the green card. Understanding these factors and taking proactive steps to avoid them is essential.

Avoiding Abandonment of Residency

One of the primary ways resident aliens can lose their green card is by abandoning their residency. Abandonment can occur when a resident alien spends an extended period outside the United States, demonstrating an intention to no longer reside permanently in the U.S. There is no specific time limit that automatically triggers abandonment; rather, USCIS considers various factors to determine the resident alien's intent.

Factors that USCIS considers when determining whether a resident alien has abandoned their residency include:

Length of Absence: Longer absences are more likely to raise concerns about abandonment. While absences of less than six months generally do not raise significant issues, absences of more than one year can create a presumption of abandonment.
Purpose of the Trip: The reason for traveling outside the U.S. is a crucial factor. Traveling for a temporary purpose, such as business, vacation, or medical treatment, is less likely to be considered abandonment than traveling to live and work abroad indefinitely.
Family Ties: Maintaining close family ties in the U.S., such as having a spouse, children, or other close relatives residing in the U.S., can indicate an intention to maintain residency.
Property Ownership: Owning property in the U.S., such as a home or business, can demonstrate an intention to remain connected to the U.S.
Employment: Maintaining employment in the U.S. or having a U.S.-based business can indicate an intention to continue residing in the U.S.
Filing U.S. Taxes: Filing U.S. taxes as a resident alien is a strong indicator of intent to maintain residency.
Maintaining a U.S. Address: Having a U.S. address and maintaining connections to the community can demonstrate an intention to reside permanently in the U.S.

To avoid abandonment of residency, resident aliens who need to travel outside the U.S. for extended periods should take certain precautions:

Obtain a Re-entry Permit: If you plan to be outside the U.S. for more than one year, you should apply for a re-entry permit before leaving. A re-entry permit allows you to re-enter the U.S. after an extended absence without jeopardizing your green card.
Maintain Ties to the U.S.: Continue to maintain strong ties to the U.S., such as owning property, maintaining a U.S. bank account, and filing U.S. taxes.
Document Your Intent: Keep records of your travel dates, purpose of your trip, and any other evidence that demonstrates your intention to return to the U.S.

Avoiding Criminal Convictions

Another significant threat to LPR status is criminal convictions. Certain criminal offenses can lead to deportation, even if the resident alien has lived in the U.S. for many years and has strong ties to the community. The types of crimes that can lead to deportation include:

Aggravated Felonies: Aggravated felonies are a broad category of serious crimes that can result in deportation. Examples of aggravated felonies include murder, drug trafficking, and certain types of theft and fraud.
Crimes Involving Moral Turpitude: Crimes involving moral turpitude are offenses that are considered inherently immoral or base. Examples include theft, fraud, and certain violent crimes.
Drug Offenses: Convictions for drug offenses, even minor ones, can lead to deportation.
Domestic Violence: Convictions for domestic violence can also result in deportation.

It is essential for resident aliens to avoid criminal activity and to seek legal advice if they are arrested or charged with a crime. Even a seemingly minor offense can have serious immigration consequences.

Complying with Immigration Laws

In addition to avoiding criminal activity, resident aliens must also comply with all other immigration laws and regulations. This includes:

Reporting Address Changes: Resident aliens are required to notify USCIS of any change of address within 10 days of moving. This can be done by filing Form AR-11.
Renewing Green Card: Green cards are typically valid for ten years and must be renewed before they expire.
Avoiding Immigration Fraud: Engaging in any type of immigration fraud, such as providing false information on immigration applications, can lead to deportation.

By maintaining a clean criminal record, complying with immigration laws, and maintaining strong ties to the U.S., resident aliens can protect their green card status and maintain their eligibility for U.S. citizenship.

Seeking Legal Assistance

Immigration law is complex and constantly evolving. If you are a resident alien with questions about your rights, responsibilities, or pathways to citizenship, it is highly recommended that you seek legal assistance from a qualified immigration attorney. An attorney can provide personalized advice and guidance based on your specific circumstances.

When to Consult an Immigration Attorney

Here are some situations in which you should consider consulting an immigration attorney:

You have a criminal record: Even if you believe your criminal record is minor, it is important to consult with an attorney to assess the potential immigration consequences.
You have spent a significant amount of time outside the U.S.: If you have been outside the U.S. for more than six months in a year, you should consult with an attorney to ensure that you have not abandoned your residency.
You are applying for naturalization: An attorney can help you prepare your application, gather supporting documents, and prepare for the interview.
You have received a notice of deportation: If you have received a notice of deportation, it is crucial to seek legal assistance immediately.

Finding a Qualified Immigration Attorney

When selecting an immigration attorney, it is important to choose someone who is experienced, knowledgeable, and reputable. Here are some tips for finding a qualified immigration attorney:

Check the attorney's credentials: Make sure the attorney is licensed to practice law and is a member of the American Immigration Lawyers Association (AILA).
Ask about the attorney's experience: Find out how many years the attorney has been practicing immigration law and whether they have experience with cases similar to yours.
Read reviews and testimonials: Check online reviews and testimonials to get an idea of the attorney's reputation and client satisfaction.
Schedule a consultation: Meet with the attorney for a consultation to discuss your case and ask questions.

By seeking legal assistance from a qualified immigration attorney, you can ensure that you understand your rights and responsibilities as a resident alien and that you are taking the necessary steps to protect your immigration status.

Conclusion

Being a resident alien in the United States comes with both significant rights and important responsibilities. Understanding these rights and responsibilities is crucial for maintaining legal status and for pursuing the path to U.S. citizenship. By adhering to U.S. laws, maintaining continuous residency, and demonstrating good moral character, resident aliens can successfully navigate the complexities of U.S. immigration law and ultimately achieve their goal of becoming U.S. citizens. Seeking legal advice from an experienced immigration attorney can provide invaluable assistance in navigating this process and ensuring a successful outcome.