The Green Card, formally known as a Permanent Resident Card, is often seen as a symbol of stability and security in the United States. It provides individuals with the right to live and work in the country permanently. However, many Green Card holders believe the misconception that once they obtain their Green Card, they are immune from deportation. This is a myth. In reality, even lawful permanent residents can face deportation under certain circumstances.
Here’s why a Green Card holder’s status does not guarantee safety from removal and what you need to know to protect yourself.
Criminal Convictions Can Lead to Deportation
One of the most common reasons Green Card holders face deportation is because of criminal convictions. Certain criminal offenses can make a permanent resident removable from the U.S.
Such offenses include:
- Aggravated Felonies: A broad category of serious crimes, such as murder, sexual abuse, or drug trafficking.
- Crimes Involving Moral Turpitude (CIMT): Offenses that are considered inherently immoral, like fraud or theft.
- Drug Offenses: Even relatively minor drug-related offenses can trigger deportation proceedings.
It's important to remember the definition of what constitutes an aggravated felony or CIMT can be complex and may not always be the same as state law definitions.
Violations of Immigration Law
Even if a Green Card holder has never been convicted of a crime, violations of immigration law can still result in deportation.
These violations can include things like:
- Fraud in the Immigration Process: If it is discovered that a Green Card was obtained through fraudulent means, the individual may be subject to removal.
- Failure to Follow Residency Requirements: Permanent residents are expected to maintain their primary residence in the U.S. Long absences from the country or establishing residency in another country can lead to deportation.
Failure to Renew or Update Information
Although Green Cards are usually valid for ten years and must be renewed, failing to renew on time does not, by itself, result in deportation. However, it can lead to complications if the Green Card holder has other issues, such as pending criminal charges or unresolved immigration matters. Additionally, failure to update address changes with the U.S. Citizenship and Immigration Services (USCIS) can sometimes lead to problems, particularly if it affects communication regarding important legal proceedings.
Security and Public Safety Concerns
The U.S. government may start removal proceedings against Green Card holders who are considered threats to national security or public safety. This can include individuals involved in espionage, terrorism, or other activities against national security interests.
Legal and Policy Changes
Immigration laws and policies can change over time, potentially affecting Green Card holders. For instance, changes in immigration enforcement priorities or new legislation could impact a person’s status, even if their current status is lawful.
What Can Green Card Holders Do to Protect Themselves?
Given these potential risks, it is crucial for Green Card holders to:
- Understand the Laws: Familiarize yourself with the laws and regulations that could affect your status.
- Seek Legal Advice: Consult with an immigration attorney, especially if you face criminal charges or other legal issues that could impact your residency status.
- Stay Informed: Keep up to date with changes in immigration policies and laws that could affect your status.
Conclusion
The belief that a Green Card provides permanent immunity from deportation is a misconception that can lead to severe consequences. While the Green Card does offer significant rights and protections, it does not make one entirely immune from removal proceedings. By staying informed and seeking legal counsel when needed, Green Card holders can better protect themselves and their status in the United States.
If you have any concerns about your immigration status or need legal assistance, don’t hesitate to reach out to us at The Law Office of Jesse K. Sanchez for expert guidance tailored to your specific situation. Understanding your rights and responsibilities is the first step toward ensuring your continued security and peace of mind, and we are here to help! Call or text us today at (317) 721-9858 or visit us online!
