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The journey to becoming a US permanent resident can be long and difficult for many applicants. When they finally reach the end of that journey and get their Green Card, it seems like there is no turning back. No matter what challenges they encountered along the way, the last thing on their mind is deportation.
Still, if you are a permanent resident and have ever wondered whether Green Card holders can be deported, check out the reasons below that could certainly lead to deportation.
Fraud or Misrepresentation
If you misrepresented yourself or committed fraud to gain your permanent resident status, you will be subject to losing your Green Card if caught. Once this happens, deportation proceedings will follow. Examples of fraud include:
• Entering a marriage with a US citizen or permanent resident solely to gain immigration benefits.
• Using forged or altered documents while applying for permanent resident status or another immigration benefit.
• Making false statements on an immigration application or during an interview, which is considered fraud based on misrepresenting facts.
Any of these actions can lead to a Green Card holder’s deportation.
Criminal Conviction
Having a criminal conviction is one of the most common reasons for a Green Card holder to be deported. This can primarily happen if you have committed a Crime Involving Moral Turpitude (CIMT). This type of crime is defined as one that is morally reprehensible and carries a prison sentence of at least one year. CIMTs can include fraud, theft, or certain drug offenses. Serious aggravated felonies, such as murder, rape, and drug trafficking, also fall under CIMT. Additionally, having multiple CIMT convictions can lead to deportation for a Green Card holder.
Failing to Remove Conditions on a Green Card
If your spouse sponsors you for permanent resident status and it is approved, you will be given a conditional Green Card valid for two years. As your status approaches expiration, you will have a 90-day window to file an application to remove the conditions on your Green Card. If you fail to remove the conditions within this required timeframe, your permanent resident status will be revoked, and you will become eligible for deportation.
Ineligible to Receive Green Card
Most people are unaware that a permanent resident can lose their status if the U.S. Citizenship and Immigration Services (USCIS) believes they were erroneously granted that status in the first place. Although this is an uncommon way to lose a Green Card, it does happen. In that case, the USCIS will send you a Notice of Intent to Rescind. If you are still determined to be ineligible for permanent resident status after undergoing rescission proceedings, your Green Card will be revoked. Once you lose your Green Card, the Department of Homeland Security can begin deportation proceedings against you at any time. The one caveat is that if you held permanent resident status for at least five years before the error was discovered, the USCIS cannot revoke your Green Card.
If you believe your permanent resident status may be at risk, or you have questions regarding an immigration legal matter, contact U.S. Immigration Law Counsel for a strategy session to discuss your case.
