With increased immigration enforcement under the current administration, many lawful permanent residents (LPRs), also known as green card holders, are questioning whether they could face deportation. While a green card provides permanent residence, it does not offer absolute protection from removal.
In this article, we outline the main reasons green card holders may be placed in removal proceedings and what steps they can take to safeguard their status.
Can Green Card Holders Be Deported?
Yes, lawful permanent residents can be deported if they violate immigration laws or commit actions that make them removable under the Immigration and Nationality Act (INA).
The most common reasons include:
✔ Criminal Convictions
✔ Fraud or Misrepresentation in Obtaining a Green Card
✔ Abandonment of U.S. Residency
✔ National Security Concerns
Let’s explore these risks in detail.
1. Criminal Convictions Leading to Deportation
Green card holders may be placed in removal proceedings if convicted of certain crimes, particularly:
Crimes of Moral Turpitude (CIMTs)
- Crimes involving fraud, theft, or assault
- Convictions for domestic violence or child abuse
- Any offense that involves intent to cause harm or dishonesty
Aggravated Felonies
- Drug-related offenses (except minor marijuana possession)
- Firearm-related crimes
- Violent offenses, such as murder or rape
Important: Even less severe offenses may make a green card holder deportable, especially if they occur within five years of obtaining a green card or result in a sentence of one year or more in jail.
2. Fraud or Misrepresentation in Obtaining a Green Card
If a person obtains a green card through fraud or false information, USCIS can place them in removal proceedings. Examples include:
- Marriage Fraud – Entering into a sham marriage only for immigration benefits.
- False Documentation – Using fake degrees or employment records to qualify for a green card.
- Lying on Immigration Forms – Omitting past immigration violations or criminal history on applications.
Tip: If USCIS discovers fraud years later, they may initiate rescission proceedings, which could ultimately lead to deportation.
3. Abandonment of Green Card Status
A lawful permanent resident must maintain residency in the U.S. If a green card holder spends extended periods abroad, they risk being placed in removal proceedings or asked to voluntarily surrender their green card.
Factors that may suggest abandonment include:
- Living outside the U.S. for more than one year without a Re-Entry Permit (Form I-131).
- Not filing U.S. taxes as a resident or failing to maintain a U.S. address.
- Extended stays abroad without clear intent to return.
What Happens?
- CBP officers at the port of entry cannot revoke a green card but may challenge the person’s intent to reside permanently in the U.S.
- CBP may ask the individual to sign Form I-407 (Record of Abandonment of Lawful Permanent Resident Status).
- If the person refuses to sign, CBP may refer them to an immigration judge for removal proceedings.
Tip: If extended travel is unavoidable, apply for a Re-Entry Permit (Form I-131) before leaving the U.S.
4. National Security Concerns
Green card holders who are deemed a national security threat may face removal proceedings. Common reasons include:
- Suspected ties to terrorist organizations.
- Involvement in criminal enterprises or human rights violations.
- Participation in activities that endanger U.S. security.
USCIS and ICE have broad discretion in pursuing deportation cases under national security grounds.
Additional Risks Under Current Immigration Policies
The administration has announced stricter enforcement priorities, meaning more green card holders may face heightened scrutiny.
1. Stricter Immigration Enforcement
✔ Expansion of ICE investigations targeting lawful permanent residents (LPRs).
✔ More vetting in green card renewals and citizenship applications.
✔ Increased fraud investigations for marriage- and employment-based green cards.
2. Travel Restrictions & Secondary Screening
✔ Certain countries may face travel bans, even for green card holders.
✔ LPRs returning from abroad could be subject to additional questioning and delays.
Advice: If you are renewing your green card or applying for U.S. citizenship, expect additional scrutiny.
How to Protect Your Green Card Status
✔ Avoid Criminal Offenses – Even minor crimes can have immigration consequences.
✔ File U.S. Taxes – Failing to file as a resident may suggest abandonment of LPR status.
✔ Be Honest on Immigration Forms – Any misrepresentation could lead to rescission of LPR status.
✔ Be Cautious When Traveling Abroad – Extended absences may trigger abandonment concerns.
✔ Consult an Immigration Attorney – If facing legal issues, seek legal guidance immediately.
Final Thoughts: Can Green Card Holders Be Deported?
Yes, green card holders can be placed in removal proceedings if they:
- Commit certain crimes.
- Engage in fraud or misrepresentation.
- Abandon their U.S. residency.
- Are deemed a national security risk.
While green card holders enjoy many rights, they must stay compliant with immigration laws to avoid the risk of removal.
How NPZ Law Group Can Help
If you are a green card holder concerned about your status or facing removal proceedings, our experienced immigration attorneys can help.
✔ Defend against deportation proceedings.
✔ Assist with green card renewals and U.S. citizenship applications.
✔ Provide legal guidance on travel, residency, and compliance issues.
Contact NPZ Law Group today for a confidential consultation.