Green card holders in the US must be particularly vigilant about their legal rights to remain as lawful permanent residents in America. The Trump administration has asked US enforcement authorities to revoke the lawful permanent resident (LPR) status of immigrants or impose a fine if they are found not to be complying with the law.

Recently, a 60-year-old Green card holder living in Chicago was charged $130 when U.S. Immigration and Customs Enforcement (ICE) investigators discovered he was not carrying his identification while sitting in a park.

Therefore, all immigrants or non-citizens in America must ensure they have registered themselves under US laws and keep their registration document with them at all times.

Compulsory Registration

According to Section 262 of the INA, all immigrants 14 years of age or older who were not registered and fingerprinted when applying for a U.S. visa and who remain in the United States for 30 days or longer must apply for registration and fingerprinting.

Once the non-citizen has registered and appeared for fingerprinting, DHS will issue evidence of registration, which foreigners over the age of 18 must carry and keep in their personal possession at all times.

However, it must be noted that the registration is not an immigration status, and registration documentation does not create an immigration status, establish employment authorization, or provide any other right or benefit under the INA or any other U.S. law.

But, are the immigrants required to carry the registration document or the green card in person at all times?

Carrying a Green Card In-Person

According to USCIS rules, a Permanent Resident Card, also called the Green Card, is issued to all permanent residents as proof that they are authorized to live and work in the United States. A green card holder or a permanent resident age 18 or older is required to have a valid Green Card in their possession at all times.

Section 264(e) of the Immigration and Nationality Act requires every alien 18 years of age and over to carry with them and have in their personal possession their evidence of registration document, such as Form I-94, a valid EAD card, or green card at all times, including when traveling domestically or just going about daily life. A failure to carry a green card in person may result in a fine or penalty not exceeding $100 or be imprisonment for not more than thirty days, or both.

Further, USCIS website states – Any non-citizen required to register who is 18 years of age and older and who fails to comply with the requirement that they carry evidence of registration, and have in their personal possession evidence of registration will be guilty of a misdemeanor and will upon conviction for each offense be fined not to exceed $5,000 or be imprisoned not more than 30 days, or both.

Risks for Green Card Holders

Green card holders, through the process of Naturalization, obtain US citizenship. The risk of losing US citizenship still exists for them. The US government is actively working to revoke citizenship for some Americans, with the Department of Justice prioritizing this process.

Under-reporting income on a tax return can lead to being declared a non-US citizen.

The US has mandated that lawful permanent residents or green card holders must undergo ‘neighborhood investigations’, including testimonial letters from neighbors, employers, co-workers, and business associates.

Reportedly, there is increased scrutiny of US citizens’ and green card holders’ spouses during adjustment-of-status and consular interviews, requiring more in-depth questioning.