Can a U.S. Green Card Holder Be Deported?

Understanding deportability for Permanent Residents

Many people think only undocumented immigrants can be deported, but U.S. law also allows for the removal of green card holders under certain circumstances. If a permanent resident violates immigration laws or commits specific offenses, they could face deportation. This article explains why a green card holder may be deported and how to avoid these risks.

Deportability vs. Inadmissibility: What’s the Difference?

There are two main ways a non-citizen can be removed from the U.S.:

  • Inadmissibility applies to people seeking entry to the U.S., such as visa or green card applicants.
  • Deportability applies to people already in the U.S., including green card holders.

However, green card holders who spend more than 180 consecutive days outside the U.S. can sometimes be treated as new arrivals. In such cases, they may be found inadmissible and deportable.

Top Reasons Green Card Holders Can Be Deported

A lawful permanent resident (LPR) may be subject to removal if they:

  • Were inadmissible at the time they received their green card.
  • Violate the terms of their immigration status.
  • Commit certain crimes, including:
    • Crimes involving moral turpitude (e.g., fraud, theft, or violence)
    • Aggravated felonies (e.g., murder, drug trafficking, or fraud over $10,000)
    • Drug offenses (except for small amounts of marijuana for personal use)
    • Domestic violence, stalking, child abuse, or violating a protective order
    • Firearms offenses
    • Espionage, sabotage, treason, or terrorism-related crimes
  • Engage in fraud or misrepresentation, including:
    • Marriage fraud
    • False claims to U.S. citizenship
    • Document fraud (forging visas, green cards, or passports)
  • Become a public charge (dependent on government assistance) within five years of entry.
  • Fail to report a change of address within 10 days of moving.

What Happens if You’re Facing Deportation?

If the government believes you are deportable, you will not be removed immediately. Most immigrants have the right to a hearing before an immigration judge, where they can challenge the charges or apply for relief (such as asylum or cancellation of removal).

In some cases, waivers or legal defenses may be available to avoid deportation.

How to Protect Yourself from Deportation

The best way to secure your status in the U.S. is to:

  1. Become a U.S. citizen as soon as you’re eligible. Naturalized citizens cannot be deported unless they obtain citizenship through fraud.
  2. Avoid criminal charges. If you’re arrested, consult an immigration lawyer and a criminal defense attorney before making any plea deals.
  3. Stay informed about immigration laws and comply with all visa and residency requirements.

Need Legal Help?

If you’re worried about your immigration status or facing deportation, consult an experienced immigration attorney. Please schedule a consultation with one of our experienced immigration lawyers for assistance.

Schedule a Consultation with an Immigration Lawyer

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