Four Reasons Why Legal Residents Can Be Deported

Even if you have a permanent residence or are a green card holder in the United States, there are still situations where you may be at risk of deportation. Understanding U.S. immigration laws can help you avoid deportation.

This information is intended to be helpful, but immigration laws are complex and always changing. Talk to an experienced immigration lawyer in your area​ to help you understand how to avoid deportation. Here’s an overview of the four reasons why lawful permanent residents can lose eligibility to stay in the U.S.:

Reason No. 1: Inadmissibility Upon Entry, Adjustment of Status, or Violation of Status

• Inadmissibility upon entry or adjustment of status. Residents may have entered the country illegally if they had evaded inspection upon entry​ or were admitted by an immigration officer or immigration authorities under false information.
• Violation of the conditions of your immigrant visa or green card. For example, leaving the country for more than 180 days can lead to a presumption of abandonment of residency.
• The conditional permanent resident legal status has terminated. For example, if you obtained a 2-year conditional green card through marriage or an EB-5 investment and did not successfully file to remove the conditions, your permanent resident status is terminated, and you become deportable.
• Providing help for someone from another foreign country to enter the country illegally as an undocumented person.
• Fraudulently marrying a U.S. citizen, for immigration purposes only.

The grounds for inadmissibility are different than those for deportability. Inadmissibility generally has more restrictions. For example, you are inadmissible if you have a mental or physical disorder that threatens the property, safety, or well-being of yourself or others.

Reason No. 2: Serious Crimes and Criminal Convictions

• A crime of moral turpitude (CMT) committed within the first five years of admission to the U.S., and for which a sentence of one year or more may be imposed or two or more CMTs at any time after admission. Immigration laws do not clearly define crimes of moral turpitude. However, misdemeanors or felonies that involve dishonesty or theft may be CMTs. Examples of these types of criminal offenses include domestic violence, sexual assault, robbery, homicide, prostitution, or aggravated driving under the influence.
• Multiple convictions for crimes that fall under deportable offenses, including fleeing border control or not registering as a sex offender.
• Drug crimes​ and drug trafficking convictions. Drug-related criminal convictions can be grounds for deportation, but substance addiction alone is not a ground for deportation.
• Convictions for trafficking or improper possession of weapons or destructive accessories.
• Convictions for conspiracy, sabotage, espionage, treason, or insurrection that may carry a possibility of five or more years in prison, or violation of the Selective Military Service Act or the Trading with the Enemy Act.
• Conviction of domestic violence, abuse, and violation of a court-issued protective order.
• Trafficking of drugs, people, weapons, money laundering, and other offenses that are grounds for deportation under the Immigration and Nationality Act.

Reason No. 3: Lack of Registration and Falsification of Documents

• Change of Address. Lawful permanent residents of the U.S. must report the change to the U.S. Citizenship and Immigration Services (USCIS) within ten days of moving to a new address. Registering a new address is a simple procedure, and you can do it online at the USCIS website.
• Conviction for marriage fraud, document fraud, or forgery related to obtaining your immigration status.
• Claiming to be a citizen or acting as such, for example, by voting. There is an exception for children of citizens​ who lived in the United States before the age of 16 and who reasonably believed they were citizens without actually being one.

Reason No. 4: Security Reasons

• Engaging in espionage or sabotage activities.
• Violating laws prohibiting the export of goods, technology, or sensitive information.
• Engaging in any activity that endangers national security or violates the control of the U.S. government.
• Participating in terrorist activities or activities against the federal government.
• Participating in activities that are considered threats to national security or foreign policy interests as defined by U.S. immigration laws.
• Participating in genocides, acts of torture, extrajudicial killings, violations of religious freedom, or recruitment of child soldiers.

Whatever the reason for claiming a loss of residency, the good news is that even if you have committed an offense that could be grounds for deportation proceedings​, as a legal resident, you will have the right to defend yourself in immigration court​ before an immigration judge, and you will not face immediate deportation​.

Are You at Risk of Deportation?

An experienced immigration lawyer can talk to you about your case, help you avoid deportation, and make sure you can continue to live and work in the U.S. Protect yourself and your family members, and contact a local deportation immigration attorney​ to help you avoid deportation or removal proceedings.