Green card holders, or lawful permanent residents (LPRs), enjoy many benefits, including the right to live and work permanently in the United States. However, holding a green card does not grant immunity from deportation. There are specific circumstances under which green card holders can face removal from the U.S. Understanding these risks is crucial for maintaining lawful status and avoiding deportation.
Grounds for Deportation of Green Card Holders
While green card holders have strong legal protections, the following situations can result in deportation:
1. Criminal Offenses
Certain criminal convictions can lead to deportation proceedings, including:
- Aggravated Felonies: Crimes such as murder, rape, or drug trafficking are considered aggravated felonies under immigration law.
- Crimes Involving Moral Turpitude (CIMT): Offenses that involve dishonesty or intent to harm others, such as fraud or assault, may fall into this category.
- Controlled Substance Violations: Convictions related to drug possession or trafficking can trigger deportation.
- Domestic Violence: Acts of domestic violence or violations of protective orders are also grounds for removal.
2. Fraud or Misrepresentation
Providing false information on immigration applications or committing fraud to obtain immigration benefits can result in deportation. For example, if someone lied on their green card application, their status could be revoked.
3. National Security Threats
Engaging in activities that pose a threat to national security, such as espionage or terrorism, is a serious ground for deportation.
4. Public Charge Concerns
Although rare, green card holders who become dependent on public benefits or fail to meet financial obligations, such as child support, could be investigated for deportation.
5. Abandonment of Residency
Green card holders must maintain their status by residing in the U.S. If an LPR spends an extended period abroad or demonstrates intent to reside permanently outside the U.S., they may be deemed to have abandoned their residency.
How Green Card Holders Can Protect Themselves
To avoid deportation risks, green card holders must prioritize maintaining their lawful status. First, it is essential to avoid legal trouble, as even minor infractions can escalate into serious immigration issues. Staying informed about local and federal laws and seeking legal advice promptly if arrested can help mitigate potential problems. Additionally, maintaining residency is crucial. Spending significant time abroad without proper documentation, such as a reentry permit, could lead to accusations of abandoning U.S. residency. Finally, staying updated on immigration policies is vital, as laws frequently change. Regularly consulting with animmigration attorney ensures compliance and awareness of new developments, helping green card holders protect their status and rights.
Conclusion
While green card holders have significant privileges, they are not immune from deportation under U.S. immigration law. By understanding the grounds for removal and taking proactive steps to maintain their status, lawful permanent residents can safeguard their right to remain in the U.S. If you or someone you know faces deportation, call us today, to explore your options and build a strong defense.
