Having a green card gives you certain rights in the U.S. However, even after you obtain a green card, you could be deported from the U.S. under certain circumstances.

WHAT DOES IT MEAN TO HAVE A GREEN CARD?

Having a green card means that someone is a permanent resident and is authorized to live and work in the U.S. by the U.S. Citizenship and Immigration Services (USCIS). You can receive permanent resident status if you fall under at least one of the following categories according to USCIS:

• through family — if you're an immediate relative of a U.S. citizen, another relative of a U.S. citizen or lawful permanent resident, fiancé of a U.S. citizen or the fiancé's child, widow(er);
• through employment;
• through asylee or refugee status;
• if you are a human trafficking victim, crime victim, or victim of abuse; or
• if you have lived continuously in the U.S. since before January 1, 1972.

Obtaining a green card grants you lawful permanent resident status, which is a significant step toward becoming a U.S. citizen. It allows you to live and work permanently in the United States and provides many protections under immigration law. However, it's important to understand that having a green card does not make you a U.S. citizen, and there are certain responsibilities and restrictions that come with this status.

Green card holders must maintain their status by residing primarily in the U.S., obeying all laws, and fulfilling any reporting requirements such as updating their address with USCIS. Failure to comply with these obligations can put your legal status at risk.

Additionally, green card holders have the right to apply for U.S. citizenship after meeting residency and other eligibility requirements, which can provide greater security and rights.

HOW CAN I BE DEPORTED IF I HAVE A GREEN CARD?

Despite having a green card, there are still reasons you could be deported from the U.S. To be deported, you would have to commit a crime or action that would result in being removed from the country. For example:

COMMITTING A CRIME

If you are convicted of certain crimes, that could be grounds for deportation. Those crimes include:

• aggravated felonies — these are considered serious crimes in the U.S. and include convictions for actions such as murder, rape, drug trafficking, fraud, or theft (if the total amount is more than $10,000), and illegal re-entry into the country after deportation.
• crimes involving moral turpitude — the courts define this as conduct that is vile or immoral in common society, including attempted murder, assault with a deadly weapon, and obstruction of justice. You could be removed from the U.S. if you committed one of these types of crimes within five years of receiving your green card and/or committed these types of crimes more than once.
• crimes of violence — this is defined as an offense when someone used, attempted to use, or threatened to use physical action against someone else or any other felony that involves those same specifications.

In addition to these categories, other criminal activities can also jeopardize your lawful permanent residence. For instance, drug offenses or domestic violence charges may lead to deportation proceedings. Immigration law experts emphasize that even a single conviction can trigger removal if it falls under the list of deportable offenses outlined in the Immigration and Nationality Act.

VOTING AS A U.S. CITIZEN

Being a U.S. citizen means a person is lawfully allowed to vote in elections compared to those who only have green cards. However, being a U.S. citizen also means that person is allowed to serve on juries. If someone who has a green card portrays themselves as a U.S. citizen and tries to vote, that person could be deported.

Those who have a green card are allowed to have a driver's license. Those who are renewing or making changes to their license should be careful not to register to vote while updating their driver's license since many bureaus of motor vehicles are also voting registration sites.

FAILURE TO CHANGE YOUR ADDRESS

If you move and have a green card, you are required to change your address with USCIS. For most people, this process can easily be done online on the USCIS website. However, those who have previously filed an I-751 abuse waiver will need to complete the change of address Form AR-11 and mail it in.

Failing to update your address within 10 days of moving can lead to complications with your immigration status, including missed notices from immigration officials or delays in processing your case. This administrative oversight can sometimes be used as grounds for removal proceedings, especially if it appears you are evading communication with the Department of Homeland Security or USCIS.

Additionally, green card holders should be aware that extended periods outside the U.S. without proper documentation or notifying immigration authorities may be interpreted as abandonment of residency, which can also trigger deportation.

Can You be Deported if You Have a Green Card?

Understanding these responsibilities and potential pitfalls is crucial for maintaining your legal immigration status and avoiding the risk of removal proceedings. If you ever find yourself uncertain or facing legal challenges, consulting an experienced immigration attorney can provide essential guidance and protection.

Green card holders, also known as lawful permanent residents, enjoy many rights and privileges in the United States. However, it's important to understand that having a green card does not grant immunity from deportation. Certain actions or circumstances can lead to removal proceedings initiated by immigration authorities.

Common grounds for deportation include committing certain crimes, such as aggravated felonies, crimes involving moral turpitude, or violent crimes. Additionally, fraud or misrepresentation during the green card application process or failure to maintain continuous residence in the U.S. can also jeopardize your status. Immigration officers and border officials have the authority to detain and initiate deportation processes when they suspect violations of immigration laws or national security concerns.

The deportation process involves several steps, including receiving a notice to appear before an immigration judge, who will then determine whether removal is warranted. Throughout this process, green card holders have due process rights, including the right to legal representation, the opportunity to present evidence, and to appeal decisions. However, navigating these complex immigration cases requires knowledgeable legal help to ensure your rights are protected.

It's also worth noting that the Trump administration implemented policies that heightened enforcement and scrutiny of green card holders, increasing fears of mass deportations even among those without criminal records. While lawful permanent residents have protections, the political climate can affect how immigration laws are applied.

WHAT TO DO IF YOU FEEL YOU MIGHT BE DEPORTED FROM THE U.S.

If you are concerned that you may be removed from the U.S. you'll want legal representation immediately. At Magilligan Law we've helped others facing deportation stay in the U.S. and with their families. We specialize in immigration law and know how to help you when you're facing a tough situation. Contact our offices today.