- Rights of permanent residents (holders of green cards, or green cards)
- Responsibility of permanent residence USA
- When does the resident residency status in America actually begin?
Permanent residence in the United States is an immigration status that allows immigrants to live and work in the United States on an ongoing basis.
Foreigners who become lawful permanent residents receive a permanent resident card, also known as a green card or green card. EB-5 visa applicants become permanent residents upon approval of their application by the I-526 Immigration Service.
However, at this stage of the EB-5 visa process, they become conditional permanent residents. This allows candidates to come to the US to monitor their investments for a period of two years. At the end of this period, the investor applies for a full, unconditional permanent residence through application l-829.
Once this application is approved, the investor, their spouse, and unmarried children under the age of 21 can live and work in the United States on an ongoing basis until the end of their lives. They also have the opportunity to apply for US citizenship after 5 years.
Rights of permanent residents (holders of green cards, or green cards)
Permanent US residents, also known as green card holders, receive many rights. Permanent residents can live and work on a permanent basis in any part of the United States. Consequently, permanent residents can live and work in any US state according to their choice.
Permanent residents are fully protected by federal laws, as well as state and local laws of the United States. Resident residents have access to one of the world’s best higher education systems and can avoid additional payments that foreign students must make at colleges and universities. Living in the US, permanent residents also have access to world-class medical care.
Permanent residents, if they wish, can also travel outside the US at any time during their permanent residence. If desired, permanent residents can become US citizens, although this is not mandatory for permanent residents.
Rights of permanent resident in US
- live and work anywhere in the US;
- be protected by local laws, as well as state and federal laws of the USA;
- access to a world-class higher education system;
- access to a world-class healthcare system;
- ability to travel outside the US;
- possibility to obtain American citizenship;
Responsibility of permanent residence USA
In addition to numerous rights, permanent residents also have many responsibilities. They must pay all necessary taxes, as well as US citizens. This means that permanent residents must send a request for income tax refund to the Internal Revenue Service (IRS).
This taxation is based on the gross income of a permanent resident, received around the world. However, immigrants from countries that have a tax agreement with the United States can receive an amount in the income from paying taxes outside of the United States. Green card holders also have to pay all the necessary taxes to their staff.
Just like US citizens, permanent residents must register with the Wage Service if they are men between the ages of 18 and 25. This registration allows the state to call them to war in case the US enters military operations. Permanent residents also must demonstrate decent moral qualities.
Responsibility of permanent residents
- Pay required state taxes;
- Pay required federal taxes;
- Men from 18 to 25 years must be registered in the Employee Service;
- Have decent moral qualities;
- Meet the requirements of being in the US.
When does the resident residency status in America actually begin?
Often, US residents believe that their status has come into effect from the moment they receive their green card or meet the criteria of the Physical Presence Test. Many are surprised to learn that their US resident status began several months earlier than anticipated. Such a difference in terms can have a significant impact on the tax liabilities of a foreign citizen in the United States.
For example, suppose that a foreign citizen who is not a US resident sells his foreign business by selling tax-exempt shares in June 2015. The selling price must be paid in partial installments over a 5-year period. In November 2015, a foreign citizen meets the requirements of the Test of Physical Presence, becoming a resident of the United States.
The question of whether the sale of shares will be taxable in the United States when he will receive partial payments, already becoming a US resident, becomes paramount for an alien. Under US tax law, taxpayers are required to declare profits from sales with deferred payments at the time partial payments are received, unless the taxpayer makes a timely choice to waive phase-by-stage taxation.
However, foreigners, as a rule, do not see the reasons for applying for a refusal of a phased taxation when they are not yet subject to taxation in the United States.
Fortunately, the recommendations of the US Internal Revenue Service stipulate that the choice of foreign citizens in favor of refusing a step-by-step taxation is implied in the event that the taxable transaction took place before obtaining the status of a US resident.