7 Reasons Green Card Holders Can Be Deported: Criminal Convictions and Other Key Factors

The lawful permanent residents (green card holders) can be deported under certain circumstances. While it is generally more challenging to deport someone with a green card compared to revoking a visa or temporary status, several grounds can lead to deportation proceedings:

Crimes Involving Moral Turpitude (CIMT): These are offenses that gravely violate societal moral standards, such as fraud or theft. A green card holder may be deportable if convicted of a CIMT, especially if the crime was committed within five years of admission to the U.S. and resulted in a sentence of one year or longer.

Aggravated Felonies: Convictions for crimes classified as aggravated felonies, which often include serious offenses like murder, rape, or drug trafficking, can lead to deportation.

Multiple Criminal Convictions: Having two or more convictions for crimes involving moral turpitude, regardless of when they were committed or the sentences imposed, can make a green card holder deportable.

Fraud or Misrepresentation: If an individual obtained their green card through fraudulent means or by willfully misrepresenting material facts, they could face deportation.

National Security Concerns: Engaging in activities that pose a threat to national security, such as espionage or terrorism-related offenses, can result in deportation.

Abandonment of Permanent Residence: Staying outside the United States for extended periods (more than one-year) without maintaining ties to the U.S. can be interpreted as abandoning permanent resident status, leading to potential deportation.

Violations of Immigration Laws: Breaching certain immigration laws, such as smuggling other individuals into the U.S., can make a green card holder deportable.

Deportation Process

The process typically begins with the Department of Homeland Security (DHS) initiating removal proceedings. The individual has the right to a hearing before an immigration judge, where they can contest the charges and present defenses.

If the judge orders deportation, the individual may appeal the decision to the Board of Immigration Appeals and, subsequently, to federal courts.

The case of Mahmoud Khalil, a Palestinian activist and permanent resident in the U.S., illustrates the complexities of deportation proceedings. Khalil was arrested by federal immigration officials due to alleged activities aligned with Hamas, a designated terrorist organization.

His lawyers argue that there is no evidence supporting these allegations and that his arrest aims to suppress free speech. A federal judge has temporarily blocked his deportation, and legal proceedings are ongoing.

While certain criminal convictions can lead to deportation, not all offenses automatically result in such action. Each case is evaluated individually, considering factors like the nature of the crime, the time elapsed since the offense, and the individual’s overall conduct.

Green card holders facing potential deportation are advised to seek legal counsel to navigate the complexities of immigration law.

This is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.