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 can be complicated. 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 #1: Inadmissibility Upon Entry, Adjustment of Status, or Violation of Status

• Inadmissibility upon entry or adjustment of status. A resident may have entered the country inadmissible if they evaded inspection upon entry. Also if the resident was admitted by an immigration officer or immigration authorities under false information. For example, if you possessed an invalid or false visa or green card, an aggravated felony conviction, or a mental or physical disorder that threatens the property, safety, or well-being of yourself or others.
• Violation of the conditions of your immigrant visa or green card. For example, leaving the country for more than 180 days or as long as the immigration laws allow.
• The conditional temporary resident legal status has ended. For example, if you have an investor visa and the business ended, making the investor no longer eligible.
• Providing help for someone from another foreigner to enter the country illegally as an undocumented person.
• Fraudulently marrying a U.S. citizen, for immigration purposes only.

Reason #2: Serious Crimes and Criminal Convictions

• Crimes of moral turpitude or “moral character” committed within the first five years of residence in the U.S., or for which a sentence of one year or more may be imposed. Immigration laws do not clearly define what crimes are included. However, misdemeanors or felonies that are considered to involve dishonesty or theft, it may be moral indecency. Examples of these types of crimes are domestic violence, sexual abuse, attempted robbery or homicide, prostitution, or aggravated driving under the influence.
• Multiple convictions, regardless of whether they are given in the same trial, including fleeing border control or not registering as a sex offender.
• Drug crimes and drug trafficking convictions. All substance addicts are eligible for deportation except for a single offense for possession for personal use of up to 30 grams of marijuana.
• 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 Exchange 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 contained in section 1182(a)(2)(H) of the Immigration and Nationality Act.

Reason #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 or 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 being.

Reason #4: Security Reasons

• Engaging in espionage or sabotage activities.
• Violating or evading any law 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.
• Participate in terrorist activities or activities against the federal government.
• Participating in activities that the Department of Homeland Security (DHS) considers will have adverse consequences on its international policies.
• Participate in genocides, acts of torture, extrajudicial killings, violations of religious freedom, or recruitment of child soldiers.
• Being a public charge within 5 years of entry for reasons that did not arise after entering the United States. USCIS considers a public charge a noncitizen who is “likely at any time to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense.”

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 be deported immediately.

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 immigration attorney to help you avoid deportation or removal proceedings.