Why can a green card holder be deported, and what to do in such a case?

Foreigners in the United States illegally or without stable immigration status aren't the only ones who need to be concerned about this. People with nonimmigrant visas or green cards, despite having the right to live and work in the United States, can also be arrested, detained, and subsequently deported if they violate regulations or commit certain offenses, writes NOLO.

First, it's important to distinguish between the two concepts. If you already have a visa or green card, your case was previously assessed against a list of "grounds for inadmissibility." This list applies only to those seeking entry into the United States. Grounds for deportation are set out in a different part of the law and apply to those who have already been admitted to the country: either by actually crossing the border or by receiving approval for a visa, green card, or other status.

In some cases, green card holders may face both inadmissibility and deportation. This applies, for example, to those who have spent 180 or more consecutive days outside the United States, left the country during deportation proceedings, committed a crime, or engaged in illegal activity abroad. Upon return, such individuals may be subject to additional screening at the border, including a review of their immigration history to determine grounds for denial of entry (see INA § 101(a)(13)(C)).

On the subject: A Ukrainian man legally in the United States was detained in Texas and faces deportation.

Even if they are allowed back, they are considered re-entry applicants, so any grounds for denial of entry can be applied to them as well – making them both “inadmissible” and subject to deportation.

A brief overview of the grounds for deportation of green card holders

A green card holder may be found deportable if he or she meets one of the following criteria:

• Was inadmissible at the time of entry into the United States or adjustment of status, or violated the terms of a visa, green card, or other status. Permanent residents who have been absent from the United States for fewer than 180 consecutive days are generally not subject to re-screening upon return, except in cases involving certain crimes.
• Had conditional permanent resident status (this applies to certain spouses, children of US citizens and investors with families), but this status was revoked.
• Before, during, or within 5 years thereafter, knowingly assisted in the illegal entry into the United States of another alien.
• Has committed a marriage fraud.
• Married less than 2 years before receiving a green card based on marriage, and then the marriage was dissolved or annulled within the next 2 years, unless he or she can prove that the marriage was genuine.
• Was convicted of an immoral crime committed within 5 years of entry (or 10 years if status was obtained as an informant), if the penalty for that crime is at least one year's imprisonment, regardless of the actual sentence.
• Was convicted of two or more immoral crimes committed at different times and not part of the same episode.
• Was convicted of a particularly serious crime at any time after entering the United States.
• He was convicted of attempting to evade immigration control.
• Failure to register as a sex offender.
• Convicted of a drug-related crime, or of attempting or conspiring to commit one, in the United States or abroad. The exception is the single offense of possession of up to 30 grams of marijuana for personal use.
• Is or was a drug user or suffers from addiction. This ground does not require a court verdict; a confession or medical evidence is sufficient.
• Was convicted of illegal operations involving firearms, explosives or other weapons.
• Was convicted of espionage, sabotage, treason or mutiny, if the penalty for this is not less than 5 years' imprisonment.
• Violated the law on military service or the law on trading with the enemy.
• Violated regulations regarding documents or travel, or was involved in the importation of people for immoral purposes.
• Convicted of domestic violence, stalking, child abuse, child neglect or abandonment.
• Violated a restraining order to prevent threats of violence, harassment, or harm.
• Participated in, facilitated, or benefited from human trafficking, including cases involving family members.
• Failure to notify immigration authorities of a change of address within 10 days of moving unless he can prove that this was done for a good reason or without intent.
• Was convicted of providing false information when registering with immigration authorities or for misusing visas and other documents.
• Received a final deportation decision for document forgery or similar violations.
• Impersonated a U.S. citizen for personal gain, except in limited circumstances related to family circumstances.
• Engaged in espionage, sabotage, violation of export restrictions, or other activity that threatens the security of the United States or is directed against the United States government.
• Has participated in, or is known to be likely to participate in, support, or be associated with terrorist organizations.
• Its presence could cause serious damage to US foreign policy, according to the US Secretary of State.
• Participated in Nazi crimes, genocide, torture, extrajudicial executions, religious persecution, or the recruitment of minors into war.
• Within 5 years of entry, became dependent on government assistance for reasons that existed prior to entry.
• Has voted illegally in a United States election, except through good faith misrepresentation of one's citizenship.

Driving while intoxicated (DUIs/DWIs) could be added to this list in the future if the Protect Our Communities From DUIs Act, proposed in 2025, is passed. It has already passed the House of Representatives, but its fate in the Senate is unclear.

What happens to those who fall under the grounds for deportation?

Even if immigration authorities deem a person deportable, they are generally not expelled immediately. In most cases, they have the right to defend their position in immigration court. Mistakes in charges—both factual and legal—are possible. Furthermore, relief from deportation may be available for certain reasons.

Exceptions are cases where a deportation order already exists. This happens, for example, if a person missed a notice to appear in court or never received one. If a person fails to appear, the court typically issues a decision in the person's absence. If the person is subsequently found, deportation can be carried out immediately.

The risk of detention during the trial should also be considered. This practice is becoming increasingly common and is mandatory for some categories of cases.

If a final decision on deportation is ultimately made, the person is sent to their country of citizenship or, if they do not have citizenship, to another country willing to accept them.

How to reduce the risk of deportation

The only reliable protection against deportation is obtaining U.S. citizenship. Citizens cannot be deported unless citizenship was obtained fraudulently. Therefore, it makes sense to apply for naturalization at the earliest opportunity, keeping in mind that existing grounds for deportation can not only lead to denial but also jeopardize your green card.

You may be interested in: top New York news, stories of our immigrants, and helpful tips about life in the Big Apple - read it all on ForumDaily New York

If you've been arrested on a criminal charge, it's important to approach any plea bargains with the prosecution with extreme caution. Pleading guilty for a more lenient sentence could result in deportation. In such situations, it's essential to consult with both a criminal defense attorney and an immigration lawyer.

If you are facing deportation proceedings or are at risk of being deported, you should consult an experienced immigration lawyer. They will help you assess your situation, identify potential defenses, prepare documents, and represent you in court.

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The Trump administration is seeking millions of dollars in litigation from migrants for illegally staying in the United States.

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