Can Your Green Card be Revoked?
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Obtaining a green card is a long and difficult process, and when you finally receive one, it brings a tremendous amount of relief. Unfortunately, having status as a green card holder is not a guarantee that you will always enjoy the protections these documents bring. The Immigration and Nationality Act (INA) provides many grounds for which the United States Citizenship and Immigration Services (USCIS) can deport a non-citizen, including green cardholders.
While having a green card revoked is possible, it is not easy. Below are the grounds outlined under the law, and how to get the help you need if you are in fear of having your green card revoked.
Fraud
It is crucial that you are honest and include all relevant information within your green card application. If you are dishonest or omit important information, it is likely the USCIS will learn the truth, and at that time, they may begin the deportation process. For example, when a foreign national marries a citizen of the United States for the sole purpose of remaining in the country, this would provide reason for revoking a person’s green card.
Criminal Activity
Although not all criminal offenses will make you subject to a revocation of your green card, certain crimes may lead to deportation. Specifically, these include aggravated felonies, certain drug-related offenses, and crimes of moral turpitude. Crimes of moral turpitude are defined as offenses that rise to a conduct that would shock the public conscience, such as kidnapping, voluntary manslaughter, murder, and aggravated assault.
Abandonment
Individuals who obtain a green card are required to call the United States their home and intend to live within the country on a permanent basis. If you do not meet these requirements, you may face having your green card revoked. Traveling outside of the country for a brief period of time is generally admissible under the immigration laws of the country. However, a person is generally found to have abandoned their lawful permanent resident status if they:
- Relocate to a foreign country with the intention of living there permanently,
- Leave the United States and remain in another country for a long period of time, usually for a timeframe that exceeds 183 days,
- Do not file appropriate income tax returns during their stay outside of the United States, or
- Define themselves as a “non-immigrant” on their United States tax returns.
Any time you fear losing your green card due to abandonment or any other reason, you should call a Chicago immigration lawyer who can help with your case.
Schedule a Consultation with Our Illinois Immigration Lawyers
Having a green card brings many protections and rights to immigrants, and the fear of losing it is devastating. At Kriezelman, Burton & Associates, LLC, our Chicago immigration lawyers are here to help. We know the defenses available that can help you retain your green card and the right to remain in the country. Call us today or contact us online to schedule a consultation and to learn more about how we can help.
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