What Might Make a Green Card Holder Deportable?

Possessing a green card means that you have lawful permanent residence in the United States. However, the term “permanent” may be a deceiving interpretation of your status. This is because, as a green card holder, you are not immune to the U.S. Department of Homeland Security (DHS) initiating a hearing before an immigration judge and claiming that they have clear and convincing evidence that you should be removed from the country. Read on to discover the reasons why a green card holder might become deportable and how one of the seasoned Lancaster, PA green card lawyers at Lupton Law LLC can fight for your stay here.

Do green cards grant permanent residence in the United States?

When you are first issued a green card, it will be a conditional green card. This means that there are conditions and restrictions to your stay in the United States, and you must comply with them at all times. Specifically, this mainly entails remaining in line with federal immigration laws and not committing certain criminal offenses. Otherwise, you may be subject to deportation.

If not, after two years, these conditions may be removed, and you may get a permanent green card. This permanent green card is valid for 10 years with eligibility for renewal. However, if you are found to violate an immigration law or commit a crime at one point in these 10 years, you may be denied a renewal and similarly subject to removal from the country.

With all that being said, the only way you can earn a truly permanent residence in the U.S. is through citizenship. And so, if you meet these aforementioned criteria, and you have maintained continuous residence as a lawful permanent resident for five years (or three years if your green card is through marriage), you may apply for citizenship through naturalization.

As a green card holder, what might make me deportable from the United States?

As one example, say that you acquired a green card by marrying a United States citizen. Then, say you annulled or terminated your marriage in less than two years; that is, while you are still holding a conditional green card. Well, not only may you have more difficulty with obtaining a permanent green card, but the DHS may go as far as accusing you of marriage fraud. That is, you got married as a means of gaining immigration status and benefits. If you cannot prove to an immigration judge that you entered your marriage in good faith, they may issue a final order of removal.

In another example, say that you received a guilty verdict for a crime involving moral turpitude, and you committed it within five years of being issued your green card, and the punishment involved a year or longer in prison. Or, if you committed two crimes involving moral turpitude at any time during your stay, not from the same scheme of misconduct. Well, this also may end with the DHS’s Immigration and Customs Enforcement (ICE) coordinating your deportation.

There are many more examples and factors than what can fit in this blog. We understand just how overwhelming all of this can be for you. So, if you have any remaining questions, please consult with one of the competent Lancaster, PA deportation defense lawyers. The team at Lupton Law LLC is willing and able to provide you with legal assistance in any capacity.