Can a Green Card Holder Be Deported? Know the Grounds Before You Act

If you hold a green card, or you worry about someone who does, you need a clear answer fast. A green card does not make your status permanent, but deportation is not automatic either. Removal requires a specific ground in federal law, and the government must prove it.

This page offers general information about some grounds for removal under federal immigration law. The facts of each case decide what applies.

Does a green card protect you from deportation?

Not automatically. A green card gives lawful permanent resident status, but the government can start removal proceedings when a legal ground applies.

The Office of Homeland Security Statistics explains how people gain lawful permanent resident status through family, employment, and humanitarian routes. Still, that status is not a promise of permanent residence. 8 U.S.C. § 1227 lists the grounds that make a noncitizen deportable after admission.

Deportability and inadmissibility are different. Deportability applies to someone already admitted. Inadmissibility asks whether a person may enter or adjust status. 8 U.S.C. § 1229a lets the government charge either kind of ground in removal proceedings.

An immigration judge decides these cases. For someone charged with deportability, the government must prove the charge by clear and convincing evidence. 8 C.F.R. § 1240.8 sets that rule.

Which criminal convictions can make a green card holder deportable?

Certain convictions can make a green card holder deportable, and the date of the crime often matters. The statute covers several kinds of offenses.

Immigration law uses the term “crime involving moral turpitude” for certain offenses. A conviction for a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255(j)) after admission, for which a sentence of one year or longer may be imposed, is a ground for removal. 8 U.S.C. § 1227 Two or more such crimes, not from a single scheme of misconduct, are a ground at any time after admission. See 8 U.S.C. § 1227.

Controlled substance convictions are also a ground after admission. The one exception is a single offense of possessing 30 grams or less of marijuana for one’s own use. The same section applies here.

Convictions for domestic violence, stalking, or child abuse, neglect, or abandonment also make a person deportable. So does violating the protective part of a court protection order, when the court finds the violation.

The law also uses the term aggravated felony. It covers serious offenses, and it can reach charges people do not expect.

Here is a practical point. A plea entered to end a criminal case can create an immigration problem that the criminal case never addressed. Immigration review should happen before a plea is final.

Which fraud, security, and smuggling grounds apply?

Fraud and security grounds are separate from convictions. Each one turns on its own proof.

The deportability grounds also cover conduct tied to fraud, misrepresentation, and security-related concerns. It addresses smuggling and false document cases too. These grounds look at specific conduct, not only at a conviction.

Whether one of these grounds fits depends on the facts. The documents filed and the statements made are part of that record. Every word in the record can matter.

If a government notice mentions fraud, read the exact charge. A notice to appear must name the statutory provisions the government says were violated.

What other grounds and status losses can apply?

Other grounds exist, and the statute includes a narrow exception for some voting cases.

The statute makes a person deportable for voting in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation. Under the exception in 8 U.S.C. § 1227, an alien who voted in a federal, state, or local election in violation of a lawful restriction of voting to citizens shall not be considered deportable on that basis if each natural parent of the alien (or, for an adopted alien, each adoptive parent) is or was a citizen, whether by birth or naturalization, the alien permanently resided in the United States before attaining age 16, and the alien reasonably believed at the time of the violation that he or she was a citizen. See 8 U.S.C. § 1227.

Abandonment of residence is another issue. The government may argue that a permanent resident gave up U.S. residence, often through long stays abroad. The facts decide that question. They include where a person lived, worked, paid taxes, and kept a home.

Keep records now. Save travel dates, tax returns, lease or home records, and employment letters. These records help show where a person’s life is centered.

Can a green card be taken away without a removal case?

Yes, in some situations. A conditional green card and certain adjusted statuses can be reviewed or reversed.

A green card based on a qualifying marriage can start as conditional. 8 U.S.C. § 1186a says the petition to remove those conditions must be filed during the 90-day period before the second anniversary of getting status, with exceptions the statute provides. If status is terminated, the person can ask for review in removal proceedings.

Adjustment of status can also be reversed. 8 U.S.C. § 1256 says that if, within five years, it appears a person was not eligible for adjustment, the Attorney General must rescind it. An immigration judge’s removal order is enough to rescind the status.

Can I be deported if I have a case pending? The answer depends on the facts of each case, so contact our office to discuss yours. Review each pending matter against the grounds above, because timing can change the options.

A missed hearing can be serious. Under 8 U.S.C. § 1229a, a person ordered removed in absentia after receiving oral notice of the consequences cannot get certain relief for 10 years. Exceptional circumstances, as the statute defines them, are the exception.

When can a green card holder be detained?

Immigration officers can arrest and detain a noncitizen while a removal decision is pending.

Returning from a trip abroad can raise different questions. Section 1229a allows an alien placed in proceedings to be charged with any applicable ground of inadmissibility under section 1182(a) of this title or any applicable ground of deportability under section 1227(a); it does not state a rule requiring the person to show time, place, and manner of entry. 8 U.S.C. § 1361 places that burden on the person.

Keep copies of your green card and any charging or conviction papers. Be careful about what you say to officers, because statements can matter later.

What defenses and relief are available?

Cancellation of removal is one form of relief for permanent residents, and it has strict conditions. 8 U.S.C. § 1229b lets the Attorney General cancel removal of an alien who is inadmissible or deportable from the United States if the statutory conditions are met. For lawful permanent residents, subsection (a) requires, among other conditions, 5 years as a lawful permanent resident and 7 years of continuous residence after admission in any status. One condition is no conviction for an aggravated felony.

The application uses Form EOIR-42. It goes to the Immigration Court that controls the record, and it must include the filing fee or a request for a fee waiver. 8 C.F.R. § 1240.20 governs applications for cancellation of removal under section 240A of the Act. The application is submitted on Form EOIR-42 to the Immigration Court that has administrative control over the record of the underlying removal proceeding.

Other relief and any waiver depend on the ground charged and the record. Each ground needs its own review. Our removal defense overview explains the options.

If an immigration judge rules against you, appeal and reopening routes exist, and they carry deadlines. The AILA motions to reopen guide covers federal procedures, deadlines, numerical limits, and exceptions.

What should you gather now, and how can you reach our office?

Start by gathering your green card, every government notice, and any court or criminal records. These documents shape the review.

A notice to appear starts removal proceedings. It must state the charges and the statutory provisions the government says were violated. It also tells the person they may have a lawyer. 8 U.S.C. § 1229 sets out these details, including the rule that the first hearing date shall not be scheduled earlier than 10 days after the notice to appear is served, unless the alien requests in writing an earlier hearing date.

Collect certified conviction and sentencing records, charging papers, arrest or immigration paperwork, travel dates, tax returns, and address history. Acting early gives more time to review the record and the deadlines.

Frequently asked questions