Having a green card, or lawful permanent resident (LPR) status, allows immigrants to live and work legally in the United States. However, many green card holders are surprised to learn that their status does not make them immune to deportation. While green card holders enjoy significant rights and protections, certain actions or circumstances can still lead to removal from the U.S.

What Are the Grounds for Deportation for Green Card Holders?

Green card holders can face deportation if they violate specific immigration laws or commit certain offenses. Some of the most common grounds for deportation include:

  • Criminal Convictions: Green card holders can be deported for certain crimes, including aggravated felonies, crimes of moral turpitude, drug-related offenses, and domestic violence. Even a seemingly minor crime may trigger removal proceedings under immigration law.
  • Fraud or Misrepresentation: Providing false information on your green card application, lying to obtain immigration benefits, or engaging in other forms of fraud can result in deportation.
  • Abandonment of Residency: If a green card holder leaves the U.S. for an extended period without maintaining ties to the country, they may be deemed to have abandoned their residency and face removal upon return.
  • National Security Concerns: Participating in activities that threaten national security, such as terrorism or espionage, can lead to deportation.
  • Violation of Immigration Laws: Examples include voting in U.S. elections as a non-citizen or failing to notify U.S. Citizenship and Immigration Services (USCIS) of a change of address.

Each of these situations carries specific legal definitions and requirements, and not all offenses will automatically result in deportation. Consulting an experienced immigration attorney is essential to understanding how these laws apply to your case.

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How Can Criminal Charges Impact Green Card Holders?

Criminal charges are one of the most common reasons green card holders face deportation. Immigration law divides deportable crimes into several categories, including:

  • Crimes of Moral Turpitude (CIMT): These are offenses that involve dishonesty, fraud, or immoral behavior, such as theft, fraud, or assault. Green card holders may face removal if convicted of one CIMT within five years of admission or two CIMTs at any time.
  • Aggravated Felonies: These include serious crimes such as murder, rape, drug trafficking, or certain types of fraud. Aggravated felonies have severe immigration consequences, including expedited removal and ineligibility for many forms of relief.
  • Controlled Substance Violations: Even minor drug offenses, such as possession of marijuana, can lead to deportation under immigration law.

It’s important to note that immigration law views criminal offenses differently than the criminal justice system. For example, a crime that is considered minor under state law may still qualify as a deportable offense under federal immigration law. If you are a green card holder facing criminal charges, working with both a criminal defense attorney and an immigration attorney is critical to protecting your status.

Can Green Card Holders Return After Abandoning Residency?

Green card holders are required to maintain their residency in the U.S. If you leave the country for an extended period, immigration authorities may conclude that you have abandoned your status. Common signs of abandonment include:

  • Remaining outside the U.S. for more than six months without a reentry permit
  • Failing to file U.S. taxes while abroad
  • Lacking a permanent address in the U.S. or significant ties to the country

If you are planning to travel abroad for an extended period, it’s essential to take steps to maintain your residency, such as applying for a reentry permit or keeping evidence of your ties to the U.S. If you are denied entry at the border due to abandonment concerns, an immigration attorney can help you fight for reentry and defend your green card status.

What Are the Defenses Against Deportation for Green Card Holders?

Being placed in removal proceedings does not mean deportation is inevitable. Green card holders have legal options to defend against deportation, depending on the circumstances of their case. Common defenses include:

  • Cancellation of Removal: Green card holders who meet certain criteria, such as having been an LPR for at least five years, living continuously in the U.S. for seven years, and having no aggravated felonies, may apply for cancellation of removal.
  • Waivers of Inadmissibility: In some cases, green card holders can apply for a waiver of deportation based on family ties, hardship, or rehabilitation.
  • Asylum or Withholding of Removal: If returning to your home country would put you at risk of persecution, you may qualify for asylum or protection under the Convention Against Torture (CAT).
  • Challenging the Charges: An immigration attorney can challenge the government’s evidence or argue that the alleged offense does not meet the legal definition of a deportable crime.

Each of these defenses requires a thorough understanding of immigration law and careful preparation of evidence. An experienced deportation defense attorney can evaluate your case and recommend the best strategy for fighting removal.

Call Hanlon Law Group to Speak With an Immigration and Deportation Attorney

Deportation proceedings are complex and intimidating, especially for green card holders who have built a life in the U.S. An immigration attorney can provide the expertise and guidance you need to navigate the process and protect your rights. Here’s how an attorney can help:

  • Evaluate your case and determine your eligibility for relief
  • Prepare and present evidence to support your defense
  • Challenge the government’s evidence and arguments
  • Represent you in immigration court and advocate for your rights

At Hanlon Law Group, we understand how devastating the threat of deportation can be. Our experienced team is here to fight for your future and ensure that your voice is heard in immigration court. If you are a green card holder facing deportation, don’t wait to seek help.

Contact us today to schedule a consultation and learn more about your legal options. Let us help you protect your status and stay in the country you call home.