Can you deport a green card holder

This article discusses the bases upon which a permanent resident can be deported. Deportability Isn't the Same as Inadmissibility First, let's get clear on which part of the law we're talking about. Again, permanent residents who have been absent from the United States for fewer than continuous days don't have to worry about admissibility upon return except if they have committed certain crimes.

Had conditional permanent resident status applicable to certain spouses, sons, and daughters of U. Before, during, or within five years of the date of any U. Committed marriage fraud. Got married less than two years before getting a U. Is convicted of a crime involving moral turpitude that was committed within five years after the date of U. Has been convicted of two or more crimes involving moral turpitude at any time after U. Has been convicted of an aggravated felony at any time after U.

Has been convicted of high-speed flight from an immigration checkpoint. Fails to register as a sex offender. Has been convicted of a drug crime or a conspiracy or attempt to commit one , whether in the U.

There's an exception for a single offense involving possession for personal use of 30 grams or less of marijuana. Is, or at any time after U. No actual court conviction is needed to be deportable under this section. The person's own confession to drug use, or evidence on a medical report, could be enough. Has been convicted of illegally buying, selling, possessing, or engaging in other transactions concerning firearms, weapons, or destructive devices, at any time after U. Has been convicted of committing, or conspiring to commit espionage, sabotage, treason, or sedition, if punishable by at least five years in prison.

Has violated the portion of a protective order that's meant to stop credible threats of violence, repeated harassment, or bodily injury. Has committed or conspired to commit human trafficking inside or outside the U. Failed to advise U. Has been convicted of providing false information in connection with a requirement to register with U. Never vote or register to vote unless you are a United States citizen. Sometimes before elections, people will try to help others register to vote in their district.

However, if you are a lawful permanent resident and you register or vote, you can become deportable. If you have more than one offense for possession of 30 grams or less of marijuana, you are deportable.

If you have one offense for possession of 30 grams or more of marijuana you are deportable. Even though a number of states have legalized marijuana use, it is still considered illegal by Immigration and the U. If you abuse drugs or are addicted to drugs you can become deportable even without a criminal conviction for a controlled substance. If you change addresses, you must tell Immigration within ten days of moving or you are deportable. This does not happen often, but if you are a lawful permanent resident and have not told Immigration of your new address, tell them now.

Until you become a United States citizen, you must inform Immigration every time you change your address. Certain convictions require you to register as a sex offender and keep your registry current. If you have been convicted of a crime that requires you to register as a sex offender and you do not, you can be deported.

Moral turpitude means that someone has done something so bad that their community would consider it shocking, or evil. You may become deportable for committing crimes of moral turpitude in one of two ways:. If you are convicted of more than one crime involving moral turpitude, you can be deported. Even if you are only arrested once and you only have one trial, as long as you are charged with and convicted of more than one crime involving moral turpitude, you may considered deportable.

These small details can make a huge difference in your case. This is why it is critical that your criminal attorney work with a good immigration attorney. The overlap of criminal law with immigration law is unique. Not all immigration attorneys practice in this area.

A lawful permanent resident can be deported if they are convicted of an aggravated felony at any time after receiving their green card. However, the State of Wisconsin often defines aggravated felony very differently than Immigration. In other words, just because the state did not charge you with aggravated felony, it does not automatically mean that Immigration will not. Sources: uscode. The most common deportation defense for green card holders is asking the judge to grant cancellation of removal for a lawful permanent resident.

To qualify for cancellation, you have to show that you meet the following three requirements. First, you must show that you have been a lawful permanent resident for at least five years. You will simply have to provide copies of your green card to submit as evidence.

Second, you have to show the judge that you have resided in the United States continuously for at least seven years after having been admitted through any status.

It is really important to know that you stop accruing time toward your minimum seven years required as soon as you commit a crime that triggers your deportation or you get a notice to go to court. For example, if Peter is arrested for having a small amount of cocaine two years after getting his green card, he can only show that he had two years as a lawful permanent resident.

This means he is deportable and not eligible for cancellation of removal for lawful permanent residents. Learn more in our Proving Continuous Residence blog post. Third, you have to show the judge that whatever your criminal conviction was, it was not a conviction for any aggravated felony. This is something your lawyer needs to explain to the judge, so it is very important to get your lawyer all of the court documents they need.

You cannot get cancellation of removal twice. It is a one time thing. If the issue is left unaddressed, the foreign national will lose permanent resident status. Permanent residents who choose to naturalize as U.

In other words, criminal convictions that would result in deportation for a permanent resident do not apply to a U. Generally, the only way immigration officials can remove a U. Many permanent residents who have resided in the United States for at least five years are now eligible to file Form N, Application for Naturalization.

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