The Green Card is a coveted status in the United States, granting its holder the ability to live and work permanently in the country. For many, this is the pinnacle of their immigration journey. Yet, despite the many benefits, the reality is that even with a Green Card, a person can still face deportation under certain circumstances. This is a question that many permanent residents wonder about: Can you get deported with a Green Card? It’s a sobering thought, but the fact is, Green Card holders are not exempt from the laws that govern immigration. Violating specific laws, committing crimes, or failing to adhere to certain residency requirements can put you at risk.
In this article, we’ll examine the nuances of deportation risks, the legal process, and most importantly, how Green Card holders can protect their status. Whether you’re already a Green Card holder or working toward permanent residency, understanding these risks can help you safeguard your future in the U.S.
Can You Get Deported with a Green Card? Here’s What Every Immigrant Needs to Know
Criminal Convictions That Can Trigger Deportation
One of the most significant risks for Green Card holders is criminal convictions. While the U.S. immigration system grants many rights to permanent residents, committing certain crimes can lead to deportation proceedings. Here are some of the criminal offenses that carry severe consequences:
Crimes of Moral Turpitude (CMT)
A crime of moral turpitude refers to an act that is considered inherently immoral or unethical. Common examples include:
- Fraud: Such as tax evasion or misrepresentation in official documents.
- Assault: Especially violent or aggravated assault cases.
- Theft: Stealing or other criminal acts involving property.
These crimes are serious and often result in deportation, even if they are not aggravated felonies. However, the severity and consequences depend on the type of offense and whether it occurred within a certain time frame of receiving your Green Card.
Aggravated Felonies
Aggravated felonies are the most serious crimes under U.S. immigration law and include:
- Murder or manslaughter
- Rape or sexual assault
- Drug trafficking
- Firearms offenses
- Child exploitation
If you are convicted of any of these, deportation is almost certain. Unfortunately, due to the nature of these crimes, appeals are typically difficult to win.
Domestic Violence and Other Violent Crimes
While less severe than aggravated felonies, some violent crimes, including domestic violence and battery, can still result in removal proceedings, especially when the violence is against a spouse, child, or partner. In many cases, a conviction could be grounds for deportation if it involves domestic abuse or stalking.
Immigration Violations That Can Lead to Deportation
Aside from criminal convictions, immigration violations are another pathway to deportation for Green Card holders. This could happen if you fail to comply with the rules associated with your residency status.
Fraudulent Green Card Applications
If you initially obtained your Green Card through fraudulent means—such as lying on your application or providing false documents—you could be subject to removal. This can include situations where someone marries for the sole purpose of obtaining a Green Card.
Involvement in Terrorist Activities
Engaging in, supporting, or having connections to terrorist organizations can result in deportation, even for Green Card holders. U.S. immigration law is very strict on individuals involved in terrorism or terrorism-related activities.
The Deportation Process for Green Card Holders
If deportation proceedings are initiated, understanding the process is crucial. It can be a complex and daunting experience, but knowing what to expect can help you prepare.
Notice to Appear (NTA)
The first step in the deportation process is the Notice to Appear (NTA), which is a legal document issued by U.S. immigration authorities. The NTA details why the government believes you should be deported and schedules a hearing in front of an immigration judge.
Immigration Court Hearing
The immigration court hearing is where the case will be reviewed. This is where you can present evidence and argue why you should not be deported. The judge will consider the facts of your case and make a ruling.
Deportation Relief Options
If you face deportation, there are relief options you may pursue to avoid removal:
- Cancellation of Removal: If you’ve lived in the U.S. for a long period, you may apply for cancellation of removal based on factors like family law ties and hardship.
- Adjustment of Status: In certain situations, you may qualify for a change of immigration status, preventing deportation.
- Asylum or Refugee Status: If you are at risk of harm in your home country, applying for asylum may allow you to remain in the U.S. legally.
Can You Stay in the U.S. While Facing Deportation?
While facing deportation doesn’t automatically mean you will be removed immediately, there are a few avenues to remain in the U.S. while your case is being resolved.
Deferred Action
Deferred action is a temporary stay of deportation granted by immigration authorities. It can delay your removal for a specified time, allowing you to stay in the country while awaiting a court decision.
Stay of Deportation
If you are awaiting an appeal, you may be eligible for a stay of deportation, which is a legal delay in your removal. It’s generally granted based on hardship or if your case is under review.
Real-Life Scenarios: How Green Card Holders Face Deportation Risks
To better understand how the deportation process works, let’s look at a couple of examples:
Case Study 1: Deportation Due to Criminal Conviction
Samantha, a Green Card holder for 10 years, was convicted of a serious drug-related felony. While she had lived in the U.S. lawfully, her conviction led to an NTA. After several months of court hearings, she was ultimately deported. However, she had the chance to appeal and was able to delay her deportation with a stay, which gave her time to work with an immigration lawyer on alternative options.
Case Study 2: Deportation Due to Fraudulent Green Card Application
Carlos obtained his Green Card through a marriage that was later determined to be fraudulent. The marriage was intended for the sole purpose of acquiring permanent residency. Once the government discovered the fraud, Carlos was placed in deportation proceedings. After an appeal, he was able to apply for cancellation of removal based on his long-term residence in the U.S.
FAQs
Q. Can a Green Card holder be deported for committing a crime?
A. Yes, serious criminal offenses like aggravated felonies, fraud, or domestic violence can lead to deportation proceedings.
Q. What happens after a Notice to Appear (NTA) is issued?
A. You’ll be scheduled for a hearing in immigration court where you’ll have the chance to present your defense.
Q. Can I stay in the U.S. while facing deportation?
A. Yes, you may be eligible for temporary relief, such as deferred action or a stay of deportation, while your case is under review.
Q. Can I appeal a deportation decision?
A. Yes, you can appeal a deportation decision in immigration court, and there may be opportunities to seek relief through different legal avenues.
Q. How can I prevent deportation?
A. The best way to prevent deportation is by maintaining a clean criminal record, staying compliant with immigration laws, and seeking legal representation if you face any deportation proceedings.
Conclusion
The Green Card offers numerous benefits, but it comes with responsibilities. A Green Card holder must comply with U.S. laws, both criminal and immigration-related, to maintain their status. The risk of deportation is real, but with proper legal advice and action, it is possible to fight removal and protect your residency. If you are concerned about the possibility of deportation, it’s crucial to seek immediate counsel from an immigration attorney. They can help you navigate the complex legal process, explore possible defenses, and ensure that your rights are protected throughout the proceedings.