Why can a green card holder be deported from the USA

Both having a visa and owning a green card does not guarantee that you cannot be expelled from the United States. There are a number of legal reasons for this.

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Although people who have non-immigrant visas, as well as holders of a green card, have the right to legally reside in the United States, this right is completely dependent on them subject to certain rules and to avoid certain types of legal violations, recalls Nolo.

The U.S. Immigration and Citizenship Act sets out numerous reasons on which non-citizens can be deported (deported) back to their country of origin. Only after an immigrant has successfully become a US citizen can he be protected from deportation. US citizens cannot be expelled unless they have used fraud to obtain their green card or citizenship.

We list the reasons why they can deport a permanent resident who is not considered to be an “arriving alien” (whoever left the country and underwent the expulsion procedure upon return).

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An immigrant may be deported from the United States if he:

• considered non-entry into the United States when entering the country or at the time of changing status, or violated the terms of his visa, green card or other status (permanent residents who have been absent from the United States for less than 180 days in a row do not need to worry about admission upon their return , unless they have committed certain crimes);
• had a conditional permanent resident status (applicable to certain spouses, sons and daughters of US citizens, as well as to investors / entrepreneurs with their spouses and children), but this status was terminated;
• Before, during, or during 5 years from the date of any entry into the United States, he deliberately assisted in smuggling any other foreigner attempting to enter the United States;
• committed marital fraud;
• having married less than 2 of the year before receiving the US green card on this basis, annulled or divorced the marriage during the next 2 years (if the immigrant cannot prove that the marriage was not fraud, which would mean evading any immigration clause laws);
• was convicted of a crime of moral indecency committed during 5 years after the date of entry into the United States (or within 10 years if a person received a green card as a criminal informant) and is punishable by deprivation of liberty for a term of at least one year;
• was found guilty of committing two or more crimes related to moral indecency at any time after entering the United States, when these two crimes are not connected with the misconduct of one scheme;
• was convicted of a felony at any time after entering the United States;
• was convicted of escaping or evading an immigration checkpoint in a car, followed by escaping from law enforcement agencies in excess of the legal speed limit;
• has been denied registration as a sex offender;
• was convicted of a drug offense (or conspiracy, or attempted to commit it) in the United States or in another country, at any time after entering the United States. The exception is only one offense related to the storage of marijuana in the amount of 30 grams or less;
• is, or at any time after entering the United States, has been drug addict or drug addict. Please note that under this section, no actual conviction of the court is required. The recognition of this person in drug use or evidence in a medical report may be sufficient;
• was found guilty of illegally buying, selling, owning or participating in transactions involving firearms or other weapons or destructive devices at any time after entering the United States;
• has been convicted of conspiracy or conspiracy to commit espionage, sabotage, high treason or rebellion, if this is punishable by imprisonment for a term of at least 5 years;
• violated the Law on Military Elective Service or the Law on Trade with the Enemy;
• violated certain travel restrictions and documentation or imported foreigners into the United States for immoral purposes;
• Convicted of domestic violence, harassment, child abuse, neglect, or leaving a child unattended at any time after entering the United States;
• violated part of the protective order, which is designed to stop the probable threats of violence, reprisal or bodily harm;
• committed or participated in a conspiracy to commit trafficking in persons inside or outside the United States or was an assistant, instigator, conspirator with someone in serious forms of trafficking; or is the spouse, child of a trafficker who, during the last 5 years, knowingly received any financial or other benefit from illegal activities;
• Did not inform the U.S. immigration authorities in writing of the change of address within 10 days after the move, unless the person can prove that such a refusal was reasonably justified or was not intentional;
• He was convicted of providing false information in connection with the requirement to register with the immigration authorities or for other violations related to fraud and misuse of visas, permits and other entry documents;
• Received a final deportation order for falsification of documents, falsification, counterfeiting or related violations;
• falsely pretends to be a U.S. citizen with a view to obtaining immigration or other benefits. An exception is made if the person’s parents (individuals or adoptive parents) are or were US citizens, the person lived in the United States until 16 years, and the person reasonably considered himself a US citizen;
• currently or at any time after entering the United States, participated in espionage, sabotage or violations or evasion of any law prohibiting the export of goods, technologies or confidential information, or in any other criminal activity that poses a threat to public or national security, Against or attempting to control or overthrow the US government by force, violence or other illegal means;
• currently participates, can participate in terrorist activities, or provoked terrorist activities, or is a representative of a terrorist organization or group that supports terrorist activities, or is a member of a terrorist organization (if it does not prove that it did not know about its terrorist purposes), or approves or supports terrorist activities, or convinces others of this, or has undergone military training in or on behalf of a terrorist organization, or is the spouse or child of a terrorist, if the relevant activity has taken place over the past 5 years;
• his presence in the United States could lead to potentially serious adverse consequences for foreign policy;
• participated in Nazi persecution, genocide, torture or extrajudicial killings, gross violations of religious freedom, the recruitment or use of child soldiers;
• during 5 years after entering the United States, he found himself on state support (depending on state assistance based on needs) for reasons that did not arise after the person entered the United States;
• voted in violation of any federal, state or local laws. The exception is people who, by origin, reasonably considered themselves US citizens.

Even if the immigration authorities believe that you are subject to deportation, you will not be expelled from the country immediately. In most cases (if, for example, in your case there is no unfulfilled procedure for expulsion), you have the right to defend yourself in an immigration court. For some types of deportation, the law may provide for a waiver (legal forgiveness) for which you can apply.

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Be sure to contact a lawyer for help if you are facing an expulsion procedure or if you think you have done something for which you may be subject to deportation.

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