Situations When Green Card Holders Can Be Deported From the US

If you have successfully applied for a US non-immigrant visa but then violate certain laws outlined in the Immigration and Nationality Act, the US Immigration and Customs Enforcement (ICE) may deport you back to your original country. To avoid deportability, it’s best to apply for naturalization as soon as you are eligible. The only way ICE can remove naturalized citizens is if they used fraudulent means to obtain their green card or citizenship. Read on to gain deeper insights into the grounds of deportability.

Deportability and Inadmissibility: Understanding the Differences

Before we delve into the specifics of deportability, let’s first clarify an important distinction: Deportability is not the same as inadmissibility. Deportability refers to situations when ICE removes an immigrant from the US, whereas inadmissibility refers to circumstances when the immigration department bars an individual from entering the country.

Most of the time, only first-time visa applicants face grounds of inadmissibility. However, in rare cases, even green card holders can be affected. Here are the circumstances where grounds of inadmissibility apply to green card holders:

• If they leave the US and spend more than 180 days overseas 
• If they leave the country during removal proceedings 
• If they have committed a crime in or outside the US

“If a green card holder leaves the country for any reason, once they return, border officials will check their records to confirm whether they have become inadmissible. This is especially critical for those dealing with family immigration issues or applying for victims of crimes visas,” says family immigration lawyer Zaira Solano of the Solano Immigration Law Firm.

The Grounds of Deportability 

With the differences between deportability and inadmissibility clarified, let’s examine the reasons ICE may remove green card holders from the United States based on the grounds of deportability.

US Immigration and Customs Enforcement (ICE) can deport you under the following circumstances:

• You were inadmissible at the time of entry or adjustment of status, or you violated the terms of your green card or other status.
• You enjoyed conditional permanent status, such as being a spouse or child of a US citizen, but this condition has been terminated.
• You knowingly helped smuggle an alien into the country before, during, or within five years of the date of entry.
• You committed marriage fraud.
• You got married less than two years before getting a green card for that status and had the marriage terminated within the following two years.
• You commit and are convicted of a crime involving moral turpitude within five years of admission to the US and are incarcerated for at least one year.
• You violate the Military Selective Service Act or the Trading With the Enemy Act.
• You violated the portion of a protective order meant to stop credible threats of violence, repeated harassment, or bodily injury.
• You commit or conspire to commit human trafficking inside or outside the US.
• You fail to inform immigration authorities of a change of address within ten days of the move unless you can prove your failure to do so was reasonably excusable or inadvertent.
• If you vote, it is a violation of state, federal, and local laws.

The Immigration and Nationality Act comprehensively lists more grounds of deportability. If you find yourself facing the actions of the Immigration and Customs Enforcement Department, it is essential to consult with a qualified immigration attorney. They will help you navigate the removal proceedings and advocate for the best possible outcome.