Can You Get Deported with a Green Card? What Every Immigrant Must Know
Shawn Sedaghat, Esq.
If you’re a lawful permanent resident (LPR), more commonly known as a green card holder, you may assume your status offers full protection against deportation. However, this is not entirely true. While having a green card allows you to live and work in the U.S. permanently, there are specific circumstances under which the United States government can initiate removal proceedings against you. This article will help you understand when and why a green card holder can be deported, how the deportation process works, and what you can do to protect your rights.
Deportation and Removal Laws for Immigrants
Deportation and removal laws in the U.S. are governed by the Immigration and Nationality Act (INA). These laws outline the various reasons a non-citizen, including green card holders, can face deportation proceedings. Whether it’s due to criminal activity, violations of immigration status, or other legal issues, deportation is a serious consequence that can affect anyone who isn’t a U.S. citizen.
The removal process begins when the government believes that an immigrant has violated immigration law. If you find yourself facing deportation, it’s essential to be aware of your rights and legal options. Often, consulting with an experienced immigration attorney is the first step in fighting deportation and protecting your future.
Grounds for Deportation
Several circumstances can trigger deportation proceedings for green card holders. Let’s explore the most common reasons:
1. Criminal Acts
One of the most common reasons a green card holder can be deported is for committing certain criminal acts. These can range from aggravated felonies to crimes involving moral turpitude (such as fraud or theft). Some of the offenses that could trigger removal proceedings include:
- Drug crimes
- Violent crimes, including domestic violence
- Firearms offenses
- Crimes involving fraud or theft
- Human trafficking or involvement in gang-related activities
Even relatively minor offenses, if considered severe under immigration law, can lead to deportation proceedings. It is crucial to understand that being convicted of any of these crimes can result in your green card being revoked and your removal from the U.S.
2. Marriage Fraud
Another reason for deportation is marriage fraud. Marriage fraud occurs when someone enters into a marriage solely to obtain immigration benefits. If the United States government finds that your marriage was not genuine and was intended to bypass immigration law, you could face deportation.
3. Violations of Immigration Status
Green card holders must follow the conditions of their immigration status. If you violate these terms, you could be subject to removal proceedings. Some common violations include:
- Failing to notify immigration authorities of a change of address
- Spending extended periods of time outside the U.S. without proper reentry documentation
- Engaging in unlawful employment or activities that violate your immigration status
4. Failure to Renew Green Card
If you fail to renew your green card after its expiration, you could face issues with your immigration status. While not renewing your green card itself may not trigger deportation proceedings, it can cause legal complications if you’re arrested or detained by immigration authorities.
How the Deportation Process Works
Now that we’ve discussed the reasons for deportation, let’s dive into how the deportation process works for immigrants, particularly green card holders.
1. Notice to Appear (NTA)
The deportation process begins with the Notice to Appear (NTA). This legal document is issued by immigration authorities and outlines the charges against you. It specifies why the government believes you should be removed from the U.S. and when you are required to appear in immigration court.
2. Master Calendar Hearing
The first hearing in immigration court is called the master calendar hearing. During this hearing, the immigration judge will review the charges against you, and you’ll have an opportunity to respond. You can either admit or deny the charges, and the judge will schedule a future hearing if needed. If you choose to deny the charges, this is when your legal defense begins.
3. Individual Hearing
After the initial hearing, the case proceeds to the individual hearing where you will have the chance to present evidence and arguments in your defense. The immigration judge will listen to both sides, including testimony from witnesses if applicable. Having an experienced immigration attorney to represent you during this stage is crucial.
4. Removal Order
If the immigration judge rules against you, they will issue a removal order. This means you will be formally removed from the U.S. However, there are options for appealing this decision, which we’ll cover later.
Voluntary Departure
In some cases, immigrants facing deportation can opt for voluntary departure. This allows you to leave the U.S. on your own terms rather than being forcibly deported. One of the main benefits of voluntary departure is that it allows you to avoid the harsher consequences of a formal deportation order, such as long-term re-entry bans.
However, if you fail to leave by the designated date, the voluntary departure order will automatically convert into a formal deportation order, which comes with more severe penalties.
Defenses Against Deportation
Facing deportation proceedings does not mean you have no options. There are several defenses you can use to fight deportation and remain in the U.S. Let’s take a look at some common defenses:
1. Cancellation of Removal
One of the most effective ways to avoid deportation is through cancellation of removal. If you meet specific criteria, such as having been a green card holder for at least five years and continuously living in the U.S. for at least seven years, you may be eligible for cancellation. This option is also available to non-permanent residents under certain circumstances.
2. Adjustment of Status
If you are eligible to adjust your status to that of a lawful permanent resident, this could be a defense to deportation. Adjustment of status typically applies to individuals who have close family ties in the U.S. or are sponsored by an employer.
3. Asylum or Withholding of Removal
If you have a credible fear of persecution in your home country due to your race, religion, nationality, political opinion, or membership in a particular social group, you may qualify for asylum. Asylum can prevent your deportation and allow you to remain in the U.S.
4. Waivers of Inadmissibility
If your deportation is based on certain criminal offenses or other grounds of inadmissibility, you may qualify for a waiver of inadmissibility. These waivers are designed to allow individuals to remain in the U.S. despite violations of immigration law.
5. Voluntary Departure
If all else fails, requesting voluntary departure may be the best option. Although you will have to leave the U.S., you won’t have a formal deportation order on your record, which makes it easier to return legally in the future.
Can You Appeal a Deportation Order?
If the immigration judge issues a deportation order, you still have the option to appeal. You can appeal the judge’s decision to the Board of Immigration Appeals (BIA). In some cases, you can even take your appeal to a federal court.
It’s important to act quickly if you want to appeal a deportation order because there are strict deadlines for filing appeals. Consulting with an experienced immigration attorney during this stage is critical.
Conclusion
While having a green card grants you many rights, it does not protect you from deportation if you violate certain laws or conditions of your immigration status. Understanding the deportation process and knowing your rights can make all the difference in defending yourself against removal proceedings. If you’re facing deportation, it’s crucial to consult with an experienced immigration attorney who can guide you through the legal process and help you explore your defense options.
FAQs
1. Can I be deported with a green card?
Yes, green card holders can face deportation for several reasons, including committing certain criminal acts, marriage fraud, or violating the terms of their immigration status.
2. What is the role of an immigration judge in deportation proceedings?
An immigration judge oversees removal proceedings and makes decisions about whether an immigrant should be deported. They will consider evidence, arguments, and defense strategies presented in immigration court.
3. Can I return to the U.S. after being deported?
If you are formally deported, you may be subject to re-entry bans that range from five to 20 years, depending on the circumstances of your case. However, in some cases, you may be permanently barred from re-entering the U.S.
4. What is voluntary departure, and should I consider it?
Voluntary departure allows you to leave the U.S. on your own terms, avoiding a formal deportation order on your record. This can make it easier to re-enter the U.S. in the future.
5. Can I appeal a deportation order?
Yes, you can appeal a deportation order to the Board of Immigration Appeals and, in some cases, to a federal court. Consult with an experienced immigration attorney for guidance on the appeals process.