Can A Green Card Holder Be Deported? Immigrants who have obtained a green card can live and work in the U.S on a permanent basis. Although green cards give immigrants permanent legal status, it does not exempt them from being deported in certain cases.
The word permanent resident mean you are a permanent resident of the United States of America. But it doesn’t mean that you are permanent forever. There are things, if you do, they will take away that permanent residency status and deport you back to your home country.
Before we proceed, let look at some frequently asked questions concerning deportation of U.S green card holder or permanent resident.
- What are the things where a permanent resident can be subjected to deportation?
- Can a permanent green card holder be deported?
- How can a green card holder be deported?
- When can a green card holder be deported?
- Can a green card holder be deported for a felony?
- Can a green card holder be deported for domestic violence?
This guide will help you understand why green card holders can be deported and how you can protect your legal rights in immigration courts.
Note: There are difference between a green card holder and a U.S citizen because a green card holder or permanent resident can be deported back to their home country while a U.S citizen cannot be deported.
Deportation and Immigration Law
Like all citizens, green card holders must abide by U.S laws. But for these residents, legal violations can lead to deportation depending on the circumstances of each case.
According to U.S law, any non-citizen may be subject to removal. In some cases, green card holders applying for U.S citizenship can face deportation as a result of discoveries made during background checks.
But non-citizens are more commonly deported due to criminal activities including the violation of immigration laws.
Crimes That Lead to Deportation for Green Card Holders
- Crimes of moral turpitude.
There are certain crimes can be severe, higher magnitude, which can lead you to deportation. For example:
- Felonies, you become a felon, aggravated felonies, you will be deported.
- Someone doing theft is subject to deportation.
- Someone doing fraud, you are subject to deportation.
- Destruction of properties of someone or government building, you might be subject to deportation.
As green card holder, you have to look what type of things you are going to do, you are working on the eggshell, you are permanent, yes, but some things can lead to your deportation.
Other things which can be going to make you be deported:
- Domestic abuse or domestic violence, can be one among the reasons people can be able to be deported.
- If they do the background check and they found out you have done some of these things, you’ll be into trouble.
- Driving under influence (DUI), that is subject to be deported or jailed.
Also, let’s say you have a car, maybe you had your beer and it’s half of the bottle, you put the container back and that bottle is still in your car.
But maybe the next day or two days later, one week later, you are not drunk even a sip of alcohol, but you get caught with the alcohol bottle already opened, even if you put it back, but it’s already drunk. It’s called open bottle.
You’ll be considered like almost similar to someone with driving under influence.
- If you commit sexual abuse, if you commit especially sexual abuse against the minors
- If you perjury, you go to the court and you start lying on the court.
- You do human trafficking,
- You do murder,
- You do money laundering,
- You do illegal drugs
You have to understand that by being given and labeled as permanent resident it doesn’t mean permanent, it is just a status which allows you to stay there without the status of applying for the visa all the time or asking for the work permit, or after ten years you’ll be renewing.
If you want to be fully enjoying everything, you have to become a U.S citizen. Because if you are a U.S citizen, naturalized, even if you commit any of these crimes mentioned above, they’re not going to do anything to you of the issue of deportation. Rather, you’ll be prosecuted, jailed, whatever it is like any other American.
In most cases, deportation proceedings are levied against immigrants who have committed crimes of moral turpitude or those classified as aggravated felonies.
There are additional criminal violations that may also lead to the deportation of green card holders.
Crimes of moral turpitude consist of the intent to harm other individuals or their property, theft, fraud, and larceny. Domestic abuse and driving under the influence may also fall under this classification.
In order for green card holders to be deported, crimes of moral turpitude must have been committed within the 5-year period following their admission into the U.S.
Committing two or more criminal acts of moral turpitude at any time after a non-citizen has been admitted into the U.S. may also lead to removal proceedings for green card holders.
Aggravated felonies include drug trafficking, murder, rape, money laundering, sexual abuse against minors, perjury, and other crimes.
Conviction of an aggravated felony will result in deportation. More importantly, convicted non-citizens won’t be allowed to re-enter the United States.
DISCLAIMER: This guide and content is designed for general information only and is NOT legal advice. The information presented in this guide should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. The information presented in this guide does not create an attorney-client relationship nor is it a solicitation to offer legal advice.
If you need legal advice, you may contact an attorney. You should seek the advice of an attorney in your jurisdiction before taking any legal action.
As such, I disclaim all liability with respect to actions taken based on any information presented. Nothing herein is intended to nor constitutes a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Every case is different and outcomes will vary depending on the unique facts and legal issues of your case. Thank you.
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