A green card does not offer complete protection from deportation, even though it allows for lawful permanent residency in the US.Many people think they can live in the United States without restrictions for the rest of their lives once they obtain a green card.Nonetheless, under certain legal conditions, even lawful permanent residents (LPRs) may be deported.
Anyone with a green card must be aware of the causes and know how to prevent them.
Deportable vs. Inadmissible: What’s the Difference?
It’s critical to understand the distinction between deportability and inadmissibility before talking about when a green card holder can be deported:
- Inadmissible: This pertains to those who attempt to enter or re-enter the United States but are turned away due to noncompliance with specific requirements.
- Deportable: This pertains to foreign nationals who are already in the United States and who break immigration laws or regulations that result in their removal.
A lawful permanent resident may occasionally become both deportable and inadmissible, for instance, if they depart the United States.for more than 180 days in a row or be found guilty of a major offense overseas before coming back.
Common Reasons Green Card Holders Are Deported
Green card holders can be deported from the US for a variety of reasons.
Among the most prevalent are:
1. Criminal Convictions
A green card holder may be deported if they commit an aggravated felony or a crime involving moral turpitude.These include crimes involving drugs, violence, fraud, or theft.
2. Immigration Fraud
One of the main reasons for deportation is obtaining a green card through fraudulent means, such as fake marriage or falsified documents.
3. Assisting Illegal Entry
A green card holder may be deported if they assist someone else in entering the country illegally, even if that person is a family member.
4. Failing to Report a Change of Address
Any change in address must be reported within ten days by all permanent residents.If this isn’t justified, failing to do so may result in fines and possibly deportation.
5. Extended Time Outside the United States
A lawful permanent resident could be deemed inadmissible upon return if they remain outside the country for more than 180 days in a row.
What Happens During Deportation Proceedings?
The U.S. government issues a Notice to Appear (NTA) before an immigration judge when a green card holder is deported.The judge considers the charges during this process and decides whether to deport the person.
The person who is going to be deported has the right to legal representation and the ability to provide documentation supporting their legal status.
How Can Green Card Holders Protect Themselves?
Naturalization, or obtaining U.S. citizenship, is the best defense against deportation.Once you become a citizen, you cannot be deported (except in rare cases of citizenship fraud).
Green card holders can take the following important actions to protect their residency:
- Avoid criminal activities or affiliations that might result in accusations.
- Follow immigration rules, like keeping residency and reporting changes in address.
- Consult an immigration attorney prior to extended international travel or following a legal dispute.
- Apply for U.S. citizenship as soon as you qualify, which is typically five years after you’ve lived there.
Deportation Doesn’t Always Mean Permanent Removal
In some circumstances, deported green card holders may be eligible to reenter the country through legal waivers or after a predetermined amount of time.Nevertheless, this procedure is intricate and frequently necessitates robust legal assistance.In these situations, having an experienced immigration attorney can make a big difference.
Final Thoughts
Deporting someone with a green card from the United States can have a profound impact on their life.Lawful permanent residency has obligations that must be properly adhered to, even though it permits long-term stay and employment rights.
The best ways to avoid deportation and safeguard your future in the United States are to be aware of immigration laws, keep a clean record, and adhere to all residency requirements.