Legal Differences Between Permanent Residents and Citizens, and Things to Consider Before Deciding to Naturalize
In the United States, legal residents generally have two faces: Lawful Permanent Residents and citizens. While it's difficult to distinguish between these two groups in daily life, a clear line becomes visible at specific moments. Places such as airport immigration counters, outside polling stations, family sponsorship applications, criminal court summons, and notary offices for wills are where this boundary reveals itself. Among those who have held permanent residency for 10 or 20 years, the question “Do I really need to become a citizen?” is often asked. Naturalization is a personal choice, making it difficult to give a definitive answer, but this information will serve as material for you to examine the actual legal boundary between the two statuses. This column will outline eight differences that frequently arise across immigration law, tax law, criminal procedure, and administrative regulations.
Asylum and Passport—The First Boundary to Appear
“A ballot and a passport ask the same question. ‘What country are you a member of?'
The first boundary is political participation. In federal elections and most state elections, the right to vote is reserved for citizens. 18 USC §611 criminalizes voting in federal elections by non-citizens, and legal permanent residents who violate this provision are subject to criminal penalties, as well as deportation and denial of naturalization. Although there are exceptions, such as in local elections in Tacoma Park, Maryland, or for Local School Councils (LSCs) in Chicago, where non-citizens are allowed to vote, the national principle is clear. Legal permanent residents are obligated to pay taxes and obey laws, and men between the ages of 18 and 25 are even required to register for Selective Service, yet they remain excluded from the voting rights that shape their policy destiny. Summonses for Grand Juries and Petit Juries are also issued only to citizens.
The second border is the US passport. Citizens enter and exit using their US passports, which allow visa-free or visa-on-arrival access to approximately 179 destinations based on the January 2026 Henley Passport Index. Permanent residents enter and exit using their home country's passport combined with their US Green Card. In emergency situations abroad such as loss or unrest, citizens can receive an emergency passport and consular protection from the nearest US embassy or consulate, whereas permanent residents would first receive protection from their home country's consular office. As seen in recent discussions like the Executive Order on Bank Citizenship Verification mentioned by Treasury Secretary Yellen, passports are increasingly extending their role beyond mere travel documents to serve as proof of identity at domestic administrative windows. The presence or absence of a passport creates a difference in the administrative density of one's life.
◆ Speed of calling family and time when the house can be left empty
“The scope of who can be called family and the amount of time one can be away from home are determined by the grammar of status.”
The third boundary is the scope and speed of family petitions. U.S. citizens can petition for immediate relatives without annual numerical limits: spouses, unmarried children under 21, and parents if the citizen is over 21. Additionally, they can petition for F1 (unmarried adult children), F3 (married children), and F4 (siblings). Green card holders are limited to F2A (spouses and unmarried children under 21) and F2B (unmarried children over 21). Parents, married children, and siblings cannot be directly petitioned by a green card holder. There is also a significant difference in processing speed. While a spouse's I-130 petition for a U.S. citizen generally reaches the green card application stage in about 14-15 months, depending on the service center, as of the April 2026 Visa Bulletin, F2A for green card holders has a final action date of February 1, 2024, approximately a 2-year wait. F2B has a final action date of May 2017, about a 9-year wait. F4 sibling petitions have a final action date of June 2008, resulting in a backlog of approximately 17-18 years. For families with members from the Philippines or Mexico, F4 petitions exceeding 20 years are not uncommon. Naturalization may seem like a simple paper process, but when it comes to family petitions, it directly translates into differences of years.
The fourth boundary is the regulation on overseas stays. Permanent residents who stay outside the United States for more than 180 days are subject to additional inspection upon re-entry, and if they stay for more than a year, they are presumed to have abandoned their residency in accordance with 8 CFR §211.1(a)(2). Those who plan to stay for a long time typically submit Form I-131 before departing and obtain a Re-entry Permit (Form I-327). The Re-entry Permit is valid for up to two years, and if you return within this period, it is difficult to be considered as having abandoned your residency solely due to a long absence. Citizens do not have such a restriction. Even with a long period of absence, their citizenship is maintained, and they are not asked “Why were you away for so long?” at the re-entry inspection. For those who need to care for parents in Korea or operate a business for a long period, this difference is directly linked to the freedom of family arrangements. Recently, there has been an increase in cases where permanent residents with cumulative frequent entry and exit records, even if their absence was only 5-6 months, are directed to secondary inspection. Therefore, the period of possible overseas stay ultimately defines the scope of ‘the right to return at any time.".
The Wall of Federal Public Office and the Shadow of Deportation
“The possibilities of the workplace and the risks of the courtroom reveal the weight of citizenship in different directions.”
The fifth boundary is federal public service. According to Presidential Decree 11935, the competitive service of the federal government is open only to citizens and nationals. While there are exceptions in some agencies (U.S. Postal Service, Tennessee Valley Authority, certain FBI positions) and some specialized professions, the principle is clear. Access to classified information (Security Clearance) is also, in principle, granted only to citizens under Presidential Decree 12968, with only Limited Access Authorization being exceptionally allowed. Commissioning officers in the U.S. Army, Navy, and Air Force also requires citizenship. If a permanent resident becomes eligible for federal employment, they must submit Form N-400 within six months after acquiring naturalization eligibility (five years for permanent residents, or three years if married to a U.S. citizen) to maintain anti-discrimination protection. When federal public service or careers in defense or intelligence agencies are discussed in career counseling for children, this difference becomes one of the reasons to expedite the acquisition of citizenship.
The sixth consideration is the possibility of deportation. Citizens are generally not subject to deportation. Deportation proceedings are only initiated if denaturalization is ordered due to a finding of material misrepresentation during the naturalization process. This is a separate civil case that requires a high standard of proof from the court. Permanent residents are different. INA §237(a)(2) lists various criminal records as grounds for deportation. A single Crime Involving Moral Turpitude (CIMT) committed within five years of admission, or two or more CIMTs at any time, can lead to deportation. More severe is an ‘aggravated felony.’ INA §101(a)(43) defines over 30 categories as aggravated felonies, and conviction of one generally precludes most forms of relief from removal (such as asylum, cancellation of removal, or voluntary departure), in addition to mandating deportation. Even if a record is expunged under state law, it still exists in immigration records. Cases where a minor offense from decades ago resurfaces unexpectedly at the airport upon returning to the country are not uncommon, which is why it is advisable for permanent residents, especially those who have held the status for a long time, to review their past records at least once.
◆ Taxes, Inheritance, and Children's Nationality
“A single tax return and a single page of a will record the standing of two generations together.”
The seventh boundary concerns taxes and inheritance. Green card holders are classified as U.S. residents for tax purposes and must report their worldwide income to federal tax authorities, just like citizens. However, a distinction arises when it comes to inheritance. In 2026, the federal estate and gift tax unified credit will operate at around $15 million, applied equally to both citizens and green card holders. The key difference emerges in spousal transfers. While citizens benefit from the Unlimited Marital Deduction for their spouses, this doesn't apply directly to spouses of green card holders. Instead, they must establish a Qualified Domestic Trust (QDOT) to maintain the deduction. The annual gift tax exclusion for gifts between spouses is also limited to approximately $194,000 in 2026 for gifts to non-citizen spouses. For couples where one spouse is a citizen and the other is a green card holder, a common scenario in many Korean households, this distinction must be considered when designing wills and living trusts. If the spouse later obtains citizenship, adjustments can be made to resolve the deferred estate tax on assets tied up in a QDOT.
The eighth boundary is a child's nationality. The Child Citizenship Act of 2000 prescribed the following requirements under INA §320: A child under the age of 18 automatically acquires citizenship when all three conditions are met simultaneously: one parent acquires citizenship, the child possesses lawful permanent resident status, and the child resides in the United States in the legal and physical custody of a U.S. citizen parent. This does not apply retroactively to children who were already over 18 before February 27, 2001. Children who turned 18 while in lawful permanent resident status must undergo the individual naturalization process. Even for children who automatically acquired citizenship, it is advisable to apply for a Certificate of Citizenship using Form N-600 or obtain a U.S. passport to have documentary evidence. The principle that the parent's naturalization timing is the most common variable influencing a child's path to citizenship is repeatedly confirmed in practice.
Closing remarks
You also need to be aware of the naturalization process itself. The N-400 application fee, as of April 2026, is $710 online and $760 on paper. This fee is reduced to $380 if household income is 400% below the federal poverty line. Generally, it takes 6 to 12 months from application submission to the interview and oath ceremony. Requirements include holding a green card for over 5 years (3 years if your spouse is a U.S. citizen), physical presence in the U.S. for at least 2.5 years out of the 5 years, proof of English proficiency and knowledge of U.S. civics and history, and a good moral character assessment. As previously discussed, USCIS has strengthened the moral character assessment since 2025, adjusting the test to include 20 questions out of 128.
Acquiring citizenship is not a matter solely determined by numbers and regulations. The Korean Nationality Act generally does not permit dual citizenship for adults, so acquiring citizenship entails renouncing Korean nationality and subsequently dealing with practical matters related to inheritance, real estate, and military service. It is an area where decisions involving remaining family in Korea, the possibility of returning, and emotional considerations about nationality also play a role. Rather than definitively stating “I must obtain citizenship,” a more appropriate approach would be to examine “how these boundaries actually work for our family.”.
Permanent residency is a stable status, but it still carries the nature of a ‘permit.' There are renewals, restrictions on overseas stays, and vulnerable points related to crimes and administrative violations. On the other hand, citizenship is a status guaranteed by the U.S. Federal Constitution, and it can only be revoked under strict judicial review. The eight lines on a card ultimately represent the density of a family's relationship with this country. I recommend that families review each of these boundary lines together.
Disclaimer: This column is for general information purposes only and is not legal advice for your specific case. You should always consult with an attorney who specializes in immigration law for your individual case.
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