For permanent residents in the U.S., holding a green card doesn’t provide absolute immunity from deportation. While lawful permanent residents (LPRs) enjoy many of the same rights as citizens, certain violations can put their status at risk. But what exactly does the U.S. government need to prove before revoking a green card and initiating removal proceedings?
1. Criminal Convictions
One of the most common reasons for deportation is criminal activity. Not all crimes lead to removal, but those classified as "deportable offenses" can trigger proceedings. These include:
Aggravated felonies (e.g., murder, drug trafficking, fraud involving over $10,000)
Crimes of moral turpitude (e.g., theft, fraud, domestic violence)
Controlled substance violations (even some misdemeanor drug offenses)
Firearms offenses
What the Government Needs:
A final conviction (not just an arrest or charge)
Proof the crime falls under deportable offenses under the Immigration and Nationality Act (INA)
2. Immigration Fraud or Misrepresentation
Lying on immigration forms or during interviews can lead to revocation of status. Examples include:
Green card holders who stay outside the U.S. for too long (usually over 6 months without a re-entry permit) risk losing their status.
What the Government Needs:
Evidence of prolonged absence without valid reason
Proof the resident did not intend to return (e.g., sold home, took a foreign job permanently)
4. Violations of Immigration Conditions
Some green cards are conditional (e.g., based on marriage or investment). Failure to meet requirements—such as divorcing within two years of a marriage-based green card—can trigger deportation.
What the Government Needs:
Proof conditions were not met (e.g., divorce records, business closure)
5. Terrorism or National Security Threats
Any ties to terrorism, espionage, or threats to U.S. security can lead to immediate deportation.
What the Government Needs:
Credible evidence from law enforcement or intelligence agencies
Can a Green Card Holder Fight Deportation?
Yes. Options include: ✔ Cancellation of Removal (if resident for 5+ years with good moral character) ✔ Asylum/Withholding of Removal (if fearing persecution abroad) ✔ Adjustment of Status (if eligible for another visa or citizenship)
Final Thoughts
While green card revocation isn’t automatic, the government has broad authority to deport permanent residents who violate the law or immigration terms. Legal counsel is crucial for anyone facing removal—early action can mean the difference between staying and losing residency.
For affected individuals, consulting an immigration attorney is the best next step.
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