Can Green Card holders be deported? understanding deportation risks for permanent residents
Yes – Green Card holders can be deported
Are green card holders safe from deportation? It’s a common question—and a critical one. Many people believe that holding a green card means having permanent, unshakable status in the United States. The truth is more complicated. Yes, lawful permanent residents (LPRs) can be deported, and it happens more often than you might think. According to the American Immigration Council, around 10% of all people deported from the U.S. each year are green card holders.
Common grounds for deportation of Green Card holders
Criminal convictions
Certain criminal offenses can trigger removal proceedings against a permanent resident. These include:
- Aggravated felonies such as drug trafficking, sexual abuse of a minor, or violent crimes.
- Crimes involving moral turpitude (CIMT), which may include fraud, theft, or multiple DUIs. Even relatively minor, nonviolent offenses can have serious immigration consequences.
Fraud and misrepresentation
If a green card was obtained through fraud—for example, a sham marriage or submitting false documents—it can be revoked. The person may then face deportation proceedings for misrepresentation.
Violations of immigration status
LPRs are still subject to certain rules. Deportable violations include:
- Failing to inform USCIS of a change of address
- Smuggling other individuals into the U.S.
- Spending extended time abroad without a reentry permit, which can be viewed as abandonment of residency
National security and terrorism grounds
Though rare, any involvement in terrorism, espionage, or other activities deemed a threat to national security can lead to immediate removal.
The deportation process for a permanent resident
Notice to Appear (NTA) and charges
Deportation begins when a permanent resident is issued a Notice to Appear in immigration court.
Immigration Court Hearings
This includes a Master Calendar Hearing to confirm charges and an Individual Hearing to present defenses. LPRs may be detained during this process but can request bond.
Possible outcomes
A judge may either cancel the removal or issue a deportation order. If removal is ordered, the LPR may appeal to the Board of Immigration Appeals and potentially to federal court.
Rights and options for Green Card holders facing deportation
Right to a hearing and representation
LPRs are entitled to due process. They have the right to a court hearing and to be represented by an attorney (though not at government expense). ACLU
Potential reliefs and defenses
- Cancellation of removal: LPRs may be eligible if they:
- Have lived in the U.S. for at least 7 years
- Have held LPR status for 5 years
- Have not committed an aggravated felony
- Waivers for certain inadmissibility grounds
- Asylum or withholding of removal, if facing persecution
Impact of Criminal vs. Civil Violations
Civil violations (e.g., overstaying abroad) may be more easily defended than aggravated criminal charges, but both can lead to removal.
How to protect your Green Card status
Avoiding deportation triggers
- Stay crime-free
- If arrested, consult with an immigration attorney before accepting a plea deal
Keeping records and documents
- File taxes annually
- Keep proof of U.S. ties: job, property, family
- Update address with USCIS
Seeking legal advice when trouble arises
Early intervention can save your status. Law Group International offers experienced legal support for green card holders facing any issues that could jeopardize their residency.
How an immigration attorney can help permanent residents
Legal defense in court
Attorneys can represent you at every stage, challenge inadmissibility claims, and advocate for relief.
Waivers and appeals
They can file:
- Waivers for crimes or fraud
- Appeals to the BIA
- Motions to reopen or reconsider denied cases
Peace of mind and counsel
At Law Group International, our attorneys have helped many green card holders avoid deportation and secure their future. We offer clarity, strategy, and support.
Staying safe as a Green Card holder
Green cards offer a path to a secure life in the U.S., but that path requires care. Deportation risks for green card holders are real, especially in today’s strict immigration climate. By staying informed and proactive, you can protect your status.
If you or a loved one is a permanent resident concerned about deportability or past legal issues, don’t wait. Reach out to Law Group International for personalized guidance and strong legal defense. We’re here to help you stay on the path to permanent security.