A Green Card allows non-citizens to enjoy many of the rights and protections of United States citizens, including residency. Can you get deported with a Green Card? Yes, if you are a Green Card holder and facing certain criminal charges, a conviction can lead to your deportation.
You can learn more about this situation with a Los Angeles immigration law violations lawyer from our team at the Simmrin Law Group.
When you call or complete our online contact form, our team can provide specific information about removal proceedings and answer all your questions.
Can the U.S. Deport You with a Green Card?
You can get deported with a Green Card and status as a permanent resident. The Immigration and Nationality Act (INA) allows for the deportation process for individuals convicted of specific crimes.
The deportation can occur no matter how long the offender has lived in the US or how established they are in the country. Even residents with dependent children who are US citizens can face deportation after committing a “deportable crime.”
The government provides specific information about “deportable aliens” and actions that can impact your resident status. You can learn more with an immigration attorney.
For a free legal consultation, call (310) 896-2723
What Crimes Can Lead to Deportation?
Not every crime fits the “deportable crimes” classification. The INA and 8 U.S. Code § 1227 establish deportable crimes. You can get deported with a Green Card for:
Crimes of Moral Turpitude (CIMT)
Crimes of moral turpitude involve intent to harm others or their property. CIMT crimes include theft and fraud, among others, and the classification can apply to driving under the influence (DUI) or domestic abuse. We can explain the results of a conviction for a violent crime.
Aggravated Felonies
Aggravated felonies can include drug or firearm trafficking, murder, and rape. No matter how many years have passed since your admittance to the US or your resident status, the court can deport you after a conviction for these acts.
Controlled Substance Offenses
In California, if convicted for the possession, distribution, or selling of illegal substances, you can be deported. There is an exception for holding only small amounts of marijuana for personal use.
Firearms Offenses
You can face deportation after a conviction for selling, purchasing, illegally owning, or carrying a firearm.
Crimes Against the US
The court system can deport you after a conviction for espionage, treason, or terrorism.
Familial or Relationship Violence
You can face deportation for domestic violence, stalking, or child abuse charges. An experienced immigration attorney can help you meet these charges head-on.
White Collar Offenses
Some white-collar crimes like money laundering or filing false documents can result in deportation regardless of your resident status. We can provide more information about these criminal offenses when you contact us for help.
Can You Return to the U.S. After Deportation?
If the court deports you because of an aggravated felony conviction, you can not return to the US. However, if your sentence applied to different charges, you may be permitted to return after a specified period.
You will likely have to wait 10 years to file the application and fees required for permission to re-enter the country. A Los Angeles criminal defense lawyer can help you face these charges before a conviction to protect your immigration status.
Can the Court Deport You Without a Conviction?
In most cases, INA 237 requires a conviction to deport a Green Card Holder. There are times when you can face deportation without a conviction.
These scenarios relate to the “Good Moral Character” (GMC) standard required for those pursuing or holding Green Cards or applying for citizenship. You may face deportation if:
- You used drugs or become addicted to drugs since entering the US
- You are suspected, with cause, by the government of engaging in prostitution or drug trafficking
- You are a “habitual drunkard”
An immigration lawyer can explain these deportable offenses in more detail and help you build a defense if you face these accusations.
Complete a Free Case Evaluation form now
How Quickly Does Deportation Occur?
If you are a Green Card holder and violate U.S. laws, you will not face immediate deportation. You have the right to a hearing before an immigration judge and 30 days to appeal the removal order.
Once the order is finalized, you have 90 days to report to US Immigration and Customs Enforcement (ICE) to arrange travel to your home country. If you are under expedited removal procedures, the order may be for immediate removal.
This situation does not allow for a hearing before an immigration judge and denies re-entry to the US for a minimum of five years. Expedited removals are typically issued to those who enter the US illegally or with forged documents.
How Can You Avoid Deportation Following a Conviction?
You may avoid deportation if you secure legal help. First, you need an attorney experienced in criminal defense and immigration who will explain your options, manage your case, and represent you in all court proceedings. Your lawyer may advise you to pursue one of these options to avoid deportation:
- Apply for a waiver granting legal forgiveness if your specific circumstances allow
- Claim the Department of Homeland Security (DHS) improperly served a Notice to Appear (NTA). The NTA begins the removal process
- Claim the DHS has not proved you are removable as charged
- Seek cancellation of the removal order.
The court may only cancel your removal order if you lawfully and continuously lived in the US for a minimum of seven years, had a Green Card for a minimum of five years, and avoided a conviction for aggravated felony charges.
What Is a Green Card?
A Green Card is proof of a non-citizen’s legal authorization to live and work permanently in the United States (US). You can apply for a Green Card if you meet the eligibility criteria. To fulfill eligibility, you must be able to pursue a Green Card through:
- Family
- Employment
- Special immigrant status
- Refugee or Asylum-seeking status
- Status as a victim of a crime or human trafficking
- Status as a victim of abuse
- Registry (if you have lived in the US continuously since 1972)
A conviction for certain crimes means you can get deported with a Green Card.
What Rights Does a Green Card Provide?
If you are not a US citizen but have applied for and received a Green Card, you have the status of “permanent resident.” Under this status, you can legally:
- Live in the US permanently as long as you do not commit acts that warrant your removal from the country under US immigration laws
- Pursue and maintain lawful employment
- Enjoy the protections of the laws of your local jurisdictions, the state in which you live, and federal laws
Green cards prove employment eligibility and allow you to apply for a Social Security Card and a state driver’s license. Once issued, they are valid for 10 years.
What Responsibilities Must Permanent Residents Uphold?
As a permanent resident, you must:
- Obey all local, state, and federal US laws
- Report income to the US Internal Revenue Service (IRS) and file income tax returns
- Support the US form of government
- Register with the military Selective Service if you are male and fall in the 18-25-year age range
You can contact a lawyer for more information and legal advice about handling charges that could impact your status as a permanent resident.
Find Out if You Can Face Deportation with a Green Card
Can you get deported with a Green Card? Yes, criminal convictions can lead to your removal from the country and prevent you from returning. Protect yourself and your family from the impact of your deportation, and secure legal representation from a skilled defense attorney.
Our team at the Simmrin Law Group can help you deal with criminal charges. Call or complete our online contact form to learn more.
Call or text (310) 896-2723 or complete a Free Case Evaluation form