Can A Green Card Holder Be Deported?

While a Green Card grants an individual permanent resident status in the U.S., it does not offer absolute protection from being removed from the country. There are certain situations and actions that could lead to a Green Card holder being deported. Understanding these situations and the deportation process can help protect your legal rights if you find yourself facing such a scenario.

Common Reasons for Deportation of Green Card Holders:

Criminal Convictions:

Green Card holders who are convicted of certain crimes may face deportation. The most common crimes that can lead to deportation include:

• Aggravated felonies such as murder, drug trafficking, or violent crimes.
• Crimes of moral turpitude like fraud, theft, or assault.
• Drug-related offenses, even if the offense is non-violent.
• Domestic violence convictions.

Deportation can occur if the crime is classified as one that renders the person inadmissible or deportable under U.S. immigration laws.

Immigration Violations:

A Green Card holder can also be deported for violating U.S. immigration laws, such as:

• Fraud in obtaining the Green Card.
• Misrepresentation during the immigration process, such as providing false information.
• Failing to maintain status, such as not updating address information with USCIS.
• Overstaying a visa or engaging in activities that violate the conditions of the Green Card can also make a person deportable.

Abandonment of U.S. Residence:

If a Green Card holder is considered to have abandoned their U.S. residence, they could face deportation. This usually occurs if the individual:

• Lives outside the U.S. for extended periods without obtaining a re-entry permit or Advance Parole.
• Fails to maintain a permanent residence in the U.S.

The U.S. Citizenship and Immigration Services (USCIS) may consider the Green Card holder to have abandoned their permanent resident status if they are frequently out of the country without proper documentation.

Membership in Certain Organizations:

Green Card holders who are found to be members of certain terrorist organizations or involved in activities against U.S. national security may be subject to deportation.

Even if the individual was not directly involved in criminal activity, mere membership in such groups could be grounds for deportation.

False Information on Green Card Application:

If a Green Card holder is found to have lied or misrepresented information during the application process, the government can initiate removal proceedings, even years after the Green Card has been issued.

Common examples of fraud include providing false documents or statements about criminal history, family relationships, or employment history.

Failure to Pay Taxes:

Failure to comply with U.S. tax laws (such as not filing tax returns for several years) can raise suspicions about the individual’s intent to remain a permanent resident in the U.S. This can lead to deportation, particularly if it is determined that the person does not intend to remain in the U.S. permanently.

The Deportation Process for Green Card Holders:

Notice to Appear (NTA):

If Immigration and Customs Enforcement (ICE) determines that a Green Card holder should be deported, they will issue a Notice to Appear (NTA), which begins the deportation process.

The NTA is the formal document that informs the individual that they are being placed in removal proceedings.

Removal Proceedings in Immigration Court:

The individual will have a hearing in immigration court before a judge, where they will have the opportunity to contest the deportation charges and present evidence to support their case.

Deportation defense may include arguments such as:

• Seeking asylum or protection based on fear of persecution.
• Cancellation of removal, if they have been a Green Card holder for a long time and have a family in the U.S.
• Requesting a waiver of inadmissibility if there are reasons to allow them to stay despite the violation.

Right to an Attorney:

Green Card holders in removal proceedings have the right to seek legal representation. However, they must pay for their own attorney, as the government does not provide one.

Possible Consequences of Deportation:

If the court rules in favor of deportation, the individual will be removed from the U.S. and may be barred from returning for a certain period, depending on the offense.

Voluntary departure may be offered as an alternative, allowing the individual to leave the U.S. voluntarily rather than face deportation.

Appeals Process:

Green Card holders have the right to appeal the deportation decision if they believe the court made an error. The appeal is filed with the Board of Immigration Appeals (BIA).

In some cases, deportation can be deferred or delayed due to new evidence, legal technicalities, or changes in the law.

Example:

A Green Card holder who is convicted of drug trafficking might face deportation proceedings. If they are caught and arrested by ICE, they would receive a Notice to Appear (NTA) in court. During the court hearing, they could argue that they should not be deported due to family ties, length of residence, or other humanitarian grounds. However, if the judge rules for deportation, the individual would be removed from the U.S. and potentially barred from re-entering for several years.

Conclusion:

Although a Green Card provides permanent residency in the U.S., it does not guarantee immunity from deportation. Criminal convictions, violations of immigration laws, fraud, or abandonment of U.S. residence can all lead to deportation proceedings. Green Card holders have legal rights during the deportation process, and they can defend themselves in court, present evidence, and even appeal the decision. If you are a Green Card holder, it’s important to understand the potential risks and seek legal advice if you face deportation.