Lawful Permanent Resident (LPR / Green Card Holder)
Updated May 2026
A Lawful Permanent Resident (LPR), often called a "green card holder," is a non-U.S.-citizen authorized to live and work permanently in the United States. The classification is created by INA section 101(a)(20) and documented by the Form I-551 Permanent Resident Card (the "green card"). LPRs have substantial rights but the status is not absolute and can be lost through abandonment, criminal grounds, or fraud.
What it means to be an LPR
Lawful permanent resident status is the most stable non-citizen immigration status in the United States. LPRs can:
- Live in the United States permanently.
- Work for any U.S. employer without separate work authorization.
- Travel internationally and return to the United States.
- Sponsor a spouse and unmarried children for their own green cards.
- Apply for U.S. citizenship after a qualifying period.
- Receive social security retirement and Medicare benefits based on work history.
- Buy property, get loans, open bank accounts, and engage in most activities U.S. citizens engage in.
What LPRs cannot do:
- Vote in federal elections (or most state and local elections; rare exceptions exist).
- Hold most federal employment positions.
- Hold some security clearances.
- Stay outside the U.S. indefinitely without losing status.
- Sponsor parents, siblings, or married children for green cards (those categories are limited to U.S. citizens).
How to become an LPR
The four primary paths to LPR status:
Family-based
The largest source of LPRs each year. A U.S. citizen or LPR family member files Form I-130 for a qualifying relative. Once the petition is approved and a visa is available, the beneficiary applies for the green card through adjustment of status (I-485) or consular processing.
Employment-based
An employer (or self-petitioner in narrow categories) files Form I-140 for the beneficiary. After I-140 approval and visa availability, the beneficiary files Form I-485 or pursues consular processing. The five employment-based categories (EB-1, EB-2, EB-3, EB-4, EB-5) cover everything from extraordinary-ability workers to investor immigrants.
Humanitarian
Includes:
- Asylees and refugees. Eligible to adjust to LPR status one year after grant of asylum or refugee status.
- VAWA self-petitioners.
- U visa holders. See our U Visa Bona Fide Determination guide; LPR eligibility comes 3 years after U status is granted.
- T visa holders. LPR eligibility after 3 years in T status.
- Special Immigrant Juveniles (SIJS).
Diversity Visa Lottery
The annual Diversity Immigrant Visa program selects approximately 55,000 winners from countries with low rates of immigration to the U.S. Winners must apply for the green card through consular processing or adjustment of status before the fiscal year ends.
Conditional vs unconditional LPR status
Two populations receive conditional LPR status, marked by a 2-year green card rather than the standard 10-year card:
Conditional marriage-based green cards (CR-1)
A spouse whose marriage to the U.S. citizen or LPR petitioner is less than 2 years old at the time of green card approval receives conditional status. The conditional LPR must file Form I-751, Petition to Remove Conditions on Residence, jointly with the petitioner spouse during the 90-day window before the 2-year anniversary of the green card. Approved I-751 produces a 10-year green card.
If the marriage has ended in divorce, the conditional LPR can file I-751 with a waiver of the joint-filing requirement on grounds including good-faith marriage that ended through no fault, battery or extreme cruelty, or extreme hardship.
Conditional EB-5 investor green cards
Most EB-5 investors receive a 2-year conditional green card. The conditions are removed by filing Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, during the 90-day window before the 2-year anniversary. Approval requires evidence that the investment was sustained and the required 10 U.S. jobs were created.
How LPRs lose status
Abandonment
LPRs who spend extended time outside the United States risk losing status by abandonment. The general rules:
- Under 6 months abroad: Usually no question of abandonment.
- 6 months to 1 year abroad: CBP may question whether the trip was temporary. The LPR should be prepared to explain the trip's purpose.
- Over 1 year abroad without re-entry permit: Generally results in loss of LPR status. The LPR must apply for a returning resident visa (Form DS-117) at a U.S. consulate, which is approved sparingly.
- Returning resident visa (Form DS-117): Available in limited cases where the LPR's prolonged absence was caused by reasons beyond their control.
An LPR planning an extended absence (more than 6 months but less than 2 years) should file Form I-131 for a re-entry permit before leaving. The re-entry permit can be valid for up to 2 years and preserves LPR status during the absence.
Criminal grounds
LPRs convicted of certain crimes become deportable under INA section 237. Common deportability grounds:
- Aggravated felonies (defined at INA section 101(a)(43), broader than common usage).
- Crimes involving moral turpitude.
- Controlled substance violations (with narrow personal-use marijuana exception).
- Domestic violence convictions, including child abuse and stalking.
- Firearm offenses.
- Espionage, terrorism, or treason.
A removal order against an LPR can be appealed to the Board of Immigration Appeals and, in many cases, to the federal courts of appeals. Cancellation of removal under INA section 240A(a) is available to LPRs of at least 5 years' residence who meet specific criteria.
Fraud or misrepresentation
If USCIS or ICE later discovers that the LPR obtained the green card through fraud or misrepresentation, the green card can be rescinded and the person placed in removal proceedings. Examples: sham marriage, fraudulent labor certification, misrepresentation of identity, false claim to U.S. citizenship.
Voluntary abandonment (Form I-407)
An LPR can voluntarily relinquish status by filing Form I-407 at a U.S. embassy or consulate abroad, or by signing it at a U.S. port of entry. Voluntary abandonment is typically chosen for tax planning reasons, when the person no longer intends to maintain U.S. residence.
The path to U.S. citizenship
LPRs become eligible to apply for U.S. citizenship through naturalization after a qualifying period:
- 5 years as an LPR for most applicants, with at least 30 months of physical presence in the U.S. during those 5 years.
- 3 years as an LPR for applicants married to and living with a U.S. citizen spouse for those 3 years, with at least 18 months of physical presence.
- Reduced periods for military service under INA sections 328 and 329.
Naturalization requires Form N-400, the civics test, the English language test (with disability exceptions), and good moral character for the qualifying period. See our N-400 Civics Test 2026 guide and N-400 Interview Preparation guide.
Form I-90 green card renewal
The physical green card is valid for 10 years (or 2 years for conditional residents). LPR status itself does not expire; only the card does. To renew the card, the LPR files Form I-90, Application to Replace Permanent Resident Card. The 2026 fee is $415 plus an $85 biometrics fee, totaling $500.
Reasons to file I-90:
- Card is expiring within 6 months.
- Card has been lost, stolen, or destroyed.
- Card was issued with incorrect biographic information.
- The LPR's legal name has changed.
- The LPR's biographic information needs updating (e.g., gender marker change).
- The current card is an older version that USCIS no longer issues.
Frequently asked questions
What is a Lawful Permanent Resident?
A Lawful Permanent Resident (LPR), commonly known as a 'green card holder,' is a non-citizen authorized to live and work permanently in the United States. The classification is created by INA section 101(a)(20). LPRs may travel abroad temporarily, work for any U.S. employer, sponsor close relatives for green cards, and become U.S. citizens after a qualifying period. The status is not absolute; it can be lost through abandonment, criminal grounds, or fraud.
What is the difference between a conditional LPR and an unconditional LPR?
Conditional LPR status applies to certain new green card holders: marriage-based green card holders whose marriage was less than 2 years old at the time of green card approval, and most EB-5 investors. Conditional LPRs receive a 2-year green card. To remove conditions, they must file Form I-751 (marriage cases) or Form I-829 (EB-5 cases) before the 2-year expiration. Once conditions are removed, the LPR receives a 10-year green card and is functionally identical to other LPRs.
How long does the green card last?
An unconditional green card is valid for 10 years. LPR status itself does not expire; the card is what expires. LPRs renew the physical card by filing Form I-90, Application to Replace Permanent Resident Card. The status continues unbroken as long as the LPR has not committed an act that triggers abandonment, removal, or denaturalization.
How does an LPR lose status?
Common ways to lose LPR status: abandonment by extended absence from the U.S. (generally more than 6 months without re-entry permit, or more than 1 year without a returning resident visa); criminal conviction triggering deportability under INA section 237; failure to file U.S. tax returns as a resident; fraud or misrepresentation in obtaining the green card; or formal renunciation. The status can also be lost through removal proceedings.
When can an LPR apply for U.S. citizenship?
Most LPRs can apply for naturalization 5 years after becoming a permanent resident, with at least half that time physically present in the United States. LPRs married to U.S. citizens may apply after 3 years if they have been continuously married to and living with the citizen spouse for those 3 years. Special rules apply for military service members under INA sections 328 and 329.
Can an LPR petition for family members?
Yes. LPRs may petition for a spouse and unmarried children (any age) using Form I-130. These petitions fall in family preference category F2A (spouse and unmarried minor children) or F2B (unmarried adult sons and daughters). LPRs cannot petition for parents, siblings, or married children; those categories are limited to U.S. citizen petitioners.
What is Form I-90?
Form I-90, Application to Replace Permanent Resident Card, is the form LPRs use to renew an expiring 10-year green card, replace a lost or stolen card, or update the card after a legal name change. The 2026 filing fee is $415 plus an $85 biometrics fee. Form I-90 does not affect LPR status itself; it only renews the physical card.
Can I travel internationally as an LPR?
Yes, but with limits. Short trips abroad (under 6 months) are generally fine. Trips longer than 6 months can raise abandonment concerns at re-entry, and trips longer than 1 year without a re-entry permit (Form I-131) generally result in loss of LPR status. LPRs planning extended absences should apply for a Form I-131 re-entry permit before leaving the U.S.
Go deeper
For paths to LPR status, see our Family Petition pillar, the Employment Visas pillar, the Investor Visas pillar, and the Asylum pillar. For the path from LPR to citizenship, see the Naturalization pillar. For specific forms, see Form I-130, Form I-485, Form I-140, and other glossary entries.
Talk to a Claxton Law immigration attorney
LPR status is stable but not invincible. Whether you are maintaining your green card during extended travel, removing conditions on a 2-year card, dealing with a criminal-grounds concern, or moving toward U.S. citizenship, the choices you make today shape what comes next. Claxton Law represents LPRs across the full range of permanent-residence issues.