What Are the Rights & Responsibilities of Resident Legal Aliens?
- The term Resident Alien encompasses two major distinctions. An alien is any non-U.S. citizen currently in the United States. Aliens may be further classified as: illegal, in the U.S. without permission; nonresident, permitted to be in the United States for a short period of time; and resident, permitted to reside in the U.S. for a set period of time. All resident aliens are issued a green card as proof of their residency and must periodically renew it to keep it valid.
- Resident aliens enjoy many benefits over those of nonresidents and illegal or undocumented aliens. Among these are: the ability to enter and leave the United States at will as long as the green card is valid; ability to apply for financial aid and security clearance; ability to travel freely throughout the United States; and the ability to apply for health insurance and social security benefits. Green-card holders may also start their own businesses and incorporate in the United States.
- First and foremost, resident aliens are required to maintain their Green Card and residency status at all times. Green cards expire every 10 years and should be renewed before that date to avoid any complications. Furthermore, resident aliens must notify customs and immigration whenever their permanent, U.S. address changes. The resident alien is also responsible for maintaining residency in the U.S.; traveling outside of the country for more than two years without a re-entry permit, or more than one year with the permit, can terminate residency status. Men between the ages of 18 and 25 are also required to register for Selective Service. Finally, resident aliens are expected to pay taxes and abide by all U.S. laws.
- Except for voting rights, resident aliens are protected by the due-process clause of the 14th amendment and thus enjoy the same rights offered to U.S. Citizens.
The type of green card a person is issued affects his rights and his family's rights. Family green cards cover the entire immediate family and also allow the holder to sponsor members of his extended family. Employment green cards on the other hand, only cover the holder's dependents. Those dependents must then apply for their own green card status to work or obtain financial aid.
A resident alien has the option of applying for citizenship, or dual citizenship if the parent nation allows it, at any time. Applying for citizenship is not required, however.
Important Definitions and Statuses
Benefits of a Resident Alien
Responsibilities of a Resident Alien
Other Concerns for Aliens
Source...