Can A Green Card Be Revoked And Get Me Deported?

Can A Green Card Be Revoked And Get Me Deported?

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Being able to remain legally and permanently in the United States (USA) is an achievement that is usually accompanied by peace of mind and general tranquility. However, we must not forget that even under this status a person’s residence can be removed and, depending on the case, the authorities can deport them. Can a green card be revoked? Yes, it is possible under such circumstances.

While it is true that permanent residents gain the right to live and work in the country long-term, their status is not completely secure and can be revoked if they fail to meet certain standards and/or commit specific legal violations, such as using a fake permanent resident card and not reporting it properly. 

It is logical that fears exist, especially if the immigrant has no idea of ​​the diversity of legal commitments that constitute his status in the United States. Therefore, we will dedicate the following article to exploring the various reasons why a person with a green card can have their residence removed. Here are three relevant points about whether a green card can be revoked and result in deportation:

• Criminal Activity: Committing certain crimes can lead to the revocation of a green card. Serious offenses, such as aggravated felonies or crimes of moral turpitude, can make a permanent resident deportable.

• Fraud or Misrepresentation: If an individual obtained their green card through fraudulent means or by misrepresenting facts on their application, their green card can be revoked, and they can be deported.

• Failure to Meet Residency Requirements: Permanent residents are required to maintain continuous residence in the United States. Extended absences or failing to establish that the U.S. is their primary home can lead to the loss of their green card and potential deportation.

Is there a difference between permanent residence and citizenship?

Before going into detail, it is necessary to answer a common question that arises when talking about deportation: is having permanent residence the same as having US citizenship? The answer is no.

The main difference between having permanent residence (carrying a Green Card) and citizenship lies in the rights and obligations granted by the US Constitution. Citizens, native-born and naturalized, enjoy full rights and responsibilities, including the right to vote in federal elections, the ability to obtain specific government jobs, and complete protection under immigration laws that guarantee they will not be deported. They also have additional responsibilities, such as serving on juries and sometimes performing military service. However, it’s important to note that while citizens cannot be deported, permanent residents can face the risk of having their status revoked under certain conditions, leading to deportation. So, the question arises: can a green card be revoked? Yes, it can be under circumstances such as committing certain crimes or failing to meet residency requirements.

On the other hand, the privileges of permanent residents, or holders of a Green Card, are more limited. Indeed, they can live and work legally in the country; however, they do not have the right to vote in federal elections, nor can they hold certain government positions. Additionally, they must maintain their status by complying with several rules, such as reporting address changes to USCIS, not committing certain crimes, and addressing a green card lost promptly, as these are reasons why a person’s residency can be removed.

Reasons why a person’s residence can be removed

Legal permanent residents in the US should be aware that, despite the name, their permanent residence status is not completely secure. There is an extensive list of reasons why non-citizens, including legal immigrants, can be deported to their country of origin.

The main reference is Section 237 of the Immigration and Nationality Act (INA), which indicates that not only people living illegally in the territory can be expelled, but also those with non-immigrant visas or green cards. Previously, we also mentioned the duties and rights of Green Card holders that can give an idea of ​​the responsibilities to be fulfilled.

From committing crimes to engaging in immigration fraud or failing to report a change of address to authorities, the grounds for deportation are broad and detailed. Understanding the reasons why a person’s residency may be removed and knowing the answer to “can a green card be revoked” is crucial, as it will allow you to take steps to protect your permanent residency status and avoid deportation.

Vote as a supposed US citizen

One of the actions that can cause a person to have their residency removed is voting as if they were a US citizen. As we already indicated, citizens have more rights and duties than legal permanent residents, and among them is voting.

If a permanent resident misrepresents their status to vote, they are committing one of the crimes for which you can lose your residency. This only sometimes happens intentionally; it can also happen inadvertently during a procedure as simple as renewing a driver’s license. Moreover, there is the question: can a green card be revoked? The answer is yes, and misrepresenting your status to vote is one of the reasons it can happen.

And there is the National Voter Registration Act, often known as the Motor Voter Act. Through this means, millions of people are able to register to vote or update their voter information by changing their driver’s license or identification card at the California Department of Motor Vehicles (DMV).

Additionally, can a green card be revoked if such an action is discovered? Yes, misrepresentation or fraudulent activities like these can lead to the revocation of a green card.

Curiously, the officials in charge may not distinguish between citizens and permanent residents, which can lead the latter to vote without knowing that they are not allowed. So, although it is a point of attention, it is not always possible to remove a person’s residence for this reason. Can I lose my green card and be deported? Yes, voting illegally is one such action that can lead to this severe consequence.

Failure to complete a change of address form on time

Another situation in which a person’s residency can be removed is for failing to inform the United States Citizenship and Immigration Services (USCIS) of a change of address within ten days of moving.

By having a permanent residence, it is logical that the person seeks to stabilize and advance processes before requesting naturalization. Among these processes, changing housing or residence usually occurs, but doing so without informing the main immigration authority will definitely create a problem.

The process is quite simple and follows the line of requests for legalization of foreigners in the US. It is done by submitting Form AR-11 to the Department of Homeland Security. Failure to comply with this requirement may lead to being considered deportable.

Failure to establish or abandon permanent residence

It is crucial that permanent residents establish and maintain residency in the US. A person’s residency can be removed if permanent residency is not established, for example. Maintaining it means paying taxes, buying a house or renting long-term, working and maintaining meaningful ties in the country.

Can I lose my green card and be deported? Yes, it can also be lost by maintaining a residence in another country for a long time (more than six months). This can be requested by traveling abroad by applying for a re-entry permit.

Commit a crime

Committing crimes can also be a cause to remove a person’s residence. Not only felonies, such as carrying a fake Green Card, but also misdemeanors and possession of controlled substances can result in deportation. This raises the question, can you lose your citizenship if you commit a crime, highlighting the importance of understanding the legal implications of one’s actions.

The specificity varies depending on the state and the details of the case, so it is advisable to consult an attorney. It is also good to know the ways to know if there are any arrest warrants for those in California.

Commit marriage fraud

Finally, a person can be stripped of their residency if they commit fraud during the green card application process. A clear example is entering into a fraudulent marriage with a US citizen to obtain residency. Regarding this, USCIS considers fraud when it pays a US citizen to get married and when it is done as a favor, as well as mail-order weddings.

If fraud is discovered, such as using a fake permanent resident card, the green card may be revoked and the person may be deported. Although there is also a risk if, for example, they do not present the necessary documentation to convert their conditional status to permanent status. 

How do I protect myself from being deported?

For immigrants, naturalization is the only way to be completely safe from deportation. Citizens cannot be expelled from the country, except in cases of fraud when obtaining their residency or citizenship card. Therefore, it is advisable to apply as soon as the requirements are met.

Let us remember that naturalization not only provides security against deportation; It also grants all the rights and privileges of a citizen, including the right to vote and access certain government jobs.

If you are arrested for a crime, it is essential to proceed with great caution. Accepting a guilty plea to avoid jail time may seem like an easy solution, but a conviction can remove a person’s residency.  Although a deportation can be appealed in certain cases, the ideal is to avoid it.

Can you get deported with a green card? Yes, certain criminal convictions can lead to deportation even for green card holders.

In addition to seeking naturalization, maintaining exemplary behavior and complying with all laws is essential to protect yourself from deportation. It is important to be well informed about your rights and obligations as a permanent resident and to act prudently in the event of any legal problem.

Summary

Therefore, it is crucial to seek legal advice before making any decision. Consulting with both a criminal defense attorney and an immigration attorney will allow you to better understand the implications of your legal situation and take steps to protect your immigration status. If you need help, at Kannan Law we have our contact section available and we will gladly address your case.

Frequently Asked Questions

What are the main reasons why a person’s residence can be removed?

The main reasons include: being inadmissible at the time of entry or adjustment of status; violate the terms of the visa or Green Card; commit marriage fraud; be convicted of certain crimes, including felonies and moral turpitude; providing false information or committing fraud related to immigration documents; engage in terrorist or espionage activities; failure to notify USCIS of an address change. [1]

What happens if I commit a crime while I am a permanent resident?

Committing certain crimes can result in a person’s residency being removed. This includes crimes of moral turpitude, felonies, drug crimes, and others. Each case is evaluated individually and it is advisable to consult an attorney to understand the specific implications.

Can I be deported if I do not notify USCIS of a change of address?

Yes, failure to report an address change to USCIS within 10 days of moving may be grounds for removing a person’s residency. It is essential to file Form AR-11 to comply with this requirement.

Can I lose my green card if I leave the country for an extended period?

Yes, green card holders who spend 180 days or more outside the US may face inadmissibility issues upon return. It is important to plan and, if necessary, obtain a re-entry permit if you plan to be away for an extended period.

What does marriage fraud entail and how can it affect my residency?

Marriage fraud involves entering into a marriage for the sole purpose of evading immigration laws. If a marriage is found to be fraudulent, a person can be stripped of their residency and deported.

Can American citizenship be lost?

The answer is no, although it can be waived. The situations described (crimes for which you can lose your residence) correspond only to Green Card holders, that is, permanent residents who have not yet obtained citizenship. The criteria for its loss are different. [2]

What should I do if I face deportation proceedings?

If you are facing deportation proceedings, it is crucial to get expert help from an immigration attorney. You may have the right to plead your case in immigration court and, in some cases, you may apply for a legal waiver, commonly known as a waiver.

How to avoid being deported?

The best way to protect yourself is to become a U.S. citizen, since citizens cannot be deported unless they obtained their status through fraud. Additionally, if you are arrested for a crime, you should consult both a criminal defense attorney and an immigration attorney before accepting any agreement. [3]