Can ICE Take Away Your Green Card? Understand Your Rights

Can ICE Take Away Your Green Card?

If you are a lawful permanent resident (LPR), you might worry about whether U.S. Immigration and Customs Enforcement (ICE) can take away your green card. The short answer is no—ICE cannot simply take your green card away on the spot. However, they can issue a Notice to Appear (NTA), which starts the process of trying to revoke your status through immigration court. Losing your green card is a legal process that requires a hearing before an immigration judge. Until a judge officially revokes your status and orders deportation, you are still a lawful permanent resident.

When Can ICE Try to Revoke Your Green Card?

While ICE cannot immediately take away your green card, they can initiate removal proceedings if they believe you have violated U.S. immigration laws. Here are some common reasons this might happen:

1. Criminal Convictions

Certain crimes—known as deportable offenses—can put your green card at risk. These include:

  • Drug-related crimes
  • Aggravated felonies (such as murder, rape, or fraud)
  • Crimes of moral turpitude (such as theft or domestic violence)
  • Firearm-related offenses

Not all crimes lead to deportation, but if ICE believes your conviction makes you removable, they can issue an NTA and refer your case to an immigration judge.

2. Immigration Fraud or Misrepresentation

If you obtained your green card through fraud—such as a fake marriage, false documents, or misrepresenting facts on an immigration application—ICE can issue an NTA. The U.S. government must prove the fraud in court before your green card can be revoked.

3. Abandonment of Permanent Residency

You may be at risk of losing your green card if you spend long periods outside the U.S. without maintaining ties to the country. Common signs of abandonment include:

  • Staying outside the U.S. for more than six months without a reentry permit
  • Not filing U.S. taxes as a resident
  • Claiming “nonresident” status on tax returns

Even if you have been outside the U.S. for a long time, an immigration judge must decide whether you abandoned your residency—ICE cannot revoke your status on its own.

4. Violating Immigration Laws

Other violations, such as failing to notify USCIS of a change of address or engaging in unauthorized work, can also lead to removal proceedings.

What Happens If ICE Issues an NTA?

If ICE believes you are removable, they will not take your green card away immediately. Instead, they will issue a Notice to Appear (NTA), which starts the legal process. Here’s what happens next:

  1. You receive the NTA. This document outlines why the government believes you should be removed from the U.S.
  2. You are scheduled for an immigration court hearing. You must appear before a judge to present your case.
  3. You can defend yourself. You have the right to legal representation (at your own expense) and can challenge the government’s claims.
  4. The judge makes a decision. If the judge rules in your favor, you keep your green card. If they rule against you, you may face deportation.

How to Protect Your Green Card

To reduce the risk of removal proceedings, follow these steps:

  • Stay informed about immigration laws. Even small mistakes can have significant consequences.
  • Avoid criminal activity. If you are charged with a crime, consult an immigration attorney immediately.
  • Keep proof of your U.S. residency. Tax records, lease agreements, and employment documents can show you maintain strong ties to the U.S.
  • Consult an immigration attorney if ICE contacts you. Do not sign anything or make statements without legal advice.

Conclusion

ICE cannot take your green card on the spot, but they can issue an NTA and start removal proceedings if they believe you violated immigration laws. You have legal rights, including a hearing before an immigration judge. If you receive an NTA or are concerned about your status, consult an immigration attorney immediately.

Schedule a Consultation with an Immigration Lawyer

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