Guardian Immigration

Can US Permanent Residents Be Deported?

2.75 MINUTE READ

“Many people believe that once you have applied for a Permanent Resident Card, also known as a Green Card, you can not be deported from the United States. However, it could not be further from the truth. Even permanent residents are not safe against deportation. Certain circumstances may lead to your deportation while your Green Card application is being processed. 10% of all people deported from the United States include permanent residents.”

Many people believe that once you have applied for a Permanent Resident Card, also known as a Green Card, you can not be deported from the United States. However, it could not be further from the truth. Even permanent residents are not safe against deportation. Certain circumstances may lead to your deportation while your Green Card application is being processed. 10% of all people deported from the United States include permanent residents. 

You or your immigration attorney may request the immigration judge to reschedule or continue your removal case until your Green Card application can be processed. However, it is up to the judge to grant your request. 

What Crimes Can Get You Deported from the United States?

Crimes that result in deportation are known as “deportable offenses” and the US Citizenship and Immigration Service (USCIS) provides a complete list of such crimes. If you have been convicted of such a crime, then it is best to contact an immigration attorney to help your case. 

These crimes include:

Inadmissibility at the Border: 

Your admissibility is evaluated every time you reenter the United States. If the Customs and Border Protection (CBP) officials determine that you are inadmissible, then you could be denied entry to the US. This may happen to permanent residents if they have been outside the US for more than 180 days without receiving special permissions. 

Conditional Permanent Residents: 

As a conditional permanent resident, you risk being deported if your marriage was terminated or determined to be a fraud. As an entrepreneur, you may be deported if you fail to meet the terms of your investment in the aforementioned period. 

Fraud- Marriage, Voting, Document: 

Misrepresenting facts to gain immigration benefits is considered fraud and is a deportable offense. This includes getting married to get a Green Card then annulling the marriage. 

Smuggling: 

This includes helping someone illegally enter the US

Firearm Crimes: 

Carrying certain firearms causes deportation. This also includes violation of selling, possessing or carrying offenses. 

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Crimes of Moral Turpitude: 

It is a vague category under the immigration law that can include misdemeanors or felonies. It is up to the US court to determine which category the crime falls into. The following crimes are considered crimes of moral turpitude:

  • Murder
  • Voluntary manslaughter
  • Child abuse
  • Incest
  • Kidnapping
  • Robbery
  • Aggravated assault
  • Mayhem
  • Animal fighting
  • Theft 
  • Fraud 
  • Involuntary manslaughter, in some cases
  • Rape
  • Spousal abuse
  • Conspiracy, attempt or acting as an accessory to a crime of moral turpitude

These crimes make you inadmissible to enter the country and also prevent you from meeting the good moral character requirement for US citizenship.

Aggravated Felony: 

This comes under federal law and is often applied to crimes prosecuted under state law. This includes crimes that could be misdemeanors or felonies. Ultimately, the immigration authorities determine if it is a deportable offense. The following crimes are included:

  • Murder
  • Rape
  • Sexual abuse of a minor
  • Drug trafficking
  • Trafficking of firearms and destructive devices
  • Other offenses including firearms or explosive materials
  • Spying, treason, or sabotage
  • Commercial bribery, counterfeiting, forgery, or trafficking in vehicles
  • Failure to appear in court on a felony charge for which a sentence of 2 years in prison may be imposed
  • Racketeering
  • Money laundering of more than $10,000
  • Fraud or tax evasion of more than $10,000
  • Theft or violent crime with a sentencing order of at least one year
  • Perjury with a sentence of at least one year
  • Kidnapping
  • Child pornography
  • Trafficking in persons or running a prostitution business
  • Immigrant smuggling
  • Obstruction of justice, perjury, or bribery of a witness, if the term of imprisonment lasted at least 1 year
  • Controlled Substances (Crimes related to drugs)