Can Green Card Holders Be Deported? What to Know

Many lawful permanent residents are surprised to learn that holding a green card does not make someone immune from deportation. While residency offers significant protections, it is not the same as U.S. citizenship.

At Aftalion Law Group, we help families navigate evolving immigration policies. Below is a breakdown of why green card holders face removal and how you can protect your status.

Key Takeaway: A Green Card is “Permanent Residency,” not a guarantee of permanent stay. Only U.S. Citizenship provides absolute protection from deportation.

5 Common Reasons Green Card Holders Face Deportation

Immigration authorities may initiate removal proceedings for several reasons. The most common triggers include:

1. Criminal Convictions

Not all crimes lead to deportation, but federal law is strict on specific categories:

• Aggravated Felonies: Including serious theft, violence, or trafficking.

• Crimes Involving Moral Turpitude (CIMT): Fraud, larceny, or intent to harm.

• Drug & Firearm Offenses: Most controlled substance violations.

• Domestic Violence: Even minor state-level convictions can trigger federal removal.

2. Immigration Fraud or Misrepresentation

If USCIS discovers that your green card was obtained through “willful misrepresentation,” your status can be revoked. This includes:

• Marriage Fraud: Entering a marriage solely for immigration benefits.

• Lying on Forms: Omitting a past arrest or using a false name.

3. Abandonment of Residence

Your green card can be considered “abandoned” if you spend too much time outside the U.S.

• The 6-Month Rule: Trips over 6 months raise red flags.

• The 1-Year Rule: Absence for more than 1 year usually requires a Re-entry Permit; without it, residency is often considered lost.

4. Failure to Follow USCIS Requirements

Simple administrative errors can lead to increased scrutiny:

• Failure to report a change of address within 10 days.

• Failure to register for the Selective Service (for males ages 18-26).

How the Removal Process Works

Possible Defenses: How to Stay in the U.S.

Being placed in removal proceedings is scary, but it is not a final sentence. Common legal defenses include:

• Cancellation of Removal: For long-term residents (7+ years) with good moral character.

• 212(h) Waivers: Forgiveness for certain criminal acts based on “extreme hardship” to a U.S. relative.

• Adjustment of Status: Re-applying for residency if a new pathway (like a new family petition) is available.

How Aftalion Law Group Can Help

At Aftalion Law Group, our experienced team works with green card holders facing deportation risk by:

• Assessing individual risk factors and recent policy impacts

• Representing clients throughout the immigration court process

• Preparing and filing applications for relief, waivers, or cancellation of removal

• Coordinating immigration strategy alongside related legal matters

• Providing tailored guidance on compliance and documentation obligations

We assist clients in understanding how federal immigration policies apply to their unique circumstances and in developing strategies grounded in current immigration law.