While a Green Card signifies lawful permanent residency (LPR) in the United States, it doesn't guarantee absolute immunity from deportation. Under specific circumstances, a Green Card holder can indeed be legally deported, also known as removal, from the country. This article delves into the intricacies surrounding the deportation of LPRs, outlining the grounds for removal, the legal processes involved, potential defences, and strategies to prevent deportation. Understanding these complexities is crucial for Green Card holders to protect their residency and future in the U.S.

The Conditional Nature of Permanent Residency:

It's essential to recognize that LPR status is not an unconditional right. While it grants the privilege to live and work permanently in the U.S., it comes with responsibilities and adherence to U.S. laws. Failure to uphold these responsibilities can lead to the revocation of LPR status and subsequent deportation. The government reserves the right to remove individuals who violate the terms of their residency or pose a threat to national security or public safety.

Grounds for Deportation of a Green Card Holder:

The Immigration and Nationality Act (INA) outlines various grounds for the deportation of LPRs. These grounds are categorized below with detailed explanations and examples:

Criminal Convictions:

This is perhaps the most common reason for Green Card holders to face deportation. Certain criminal convictions can automatically trigger removal proceedings, regardless of the time spent in the U.S. or the contributions made to the community.

• Aggravated Felonies: Aggravated felonies under immigration law encompass a wide range of offences, some of which may be classified as misdemeanours under state law but are still considered aggravated felonies for immigration purposes, depending on factors such as the nature of the crime and the sentence imposed.
• Murder: The unlawful killing of another human being with malice aforethought.
• Drug Trafficking: Engaging in the unlawful manufacture, distribution, or possession with intent to distribute controlled substances. Even a seemingly minor drug trafficking offence can be classified as an aggravated felony.
• Child Pornography: The production, distribution, or possession of sexually explicit material involving minors.
• Fraud over $10,000: Convictions for fraud, theft, or other offences involving a loss to the victim of more than $10,000. This can include tax fraud, credit card fraud, or insurance fraud.
• Crimes of Violence Punishable by at Least One Year: This includes offences such as aggravated assault, robbery, and kidnapping.
• Alien Smuggling: Knowingly assisting in the unlawful entry of another person into the United States for financial gain.
• Crimes of Moral Turpitude (CIMT): These are crimes that are considered morally reprehensible and involve a base, vile, or depraved act that shocks the conscience of society. Determining whether a crime qualifies as a CIMT can be complex and requires careful analysis of the specific statute and the facts surrounding the conviction.
• Theft: Unlawfully taking and carrying away another person's property with the intent to permanently deprive them of it.
• Fraud: Intentionally deceiving someone to gain an unfair or unlawful advantage, often involving financial gain.
• Domestic Violence: Acts of violence or abuse perpetrated against a family member or intimate partner.
• Assault with Intent to Cause Bodily Harm: Intentionally inflicting physical harm on another person.
• Drug Offences: Convictions for drug offences, with a very limited exception for simple possession of 30 grams or less of marijuana for personal use, can lead to deportation.
• Possession with Intent to Distribute: Possessing controlled substances with the intention to sell or distribute them.
• Manufacturing Controlled Substances: The illegal production of controlled substances.
• Distribution of Controlled Substances: The illegal selling or distributing of controlled substances.
• Firearms Offences: Unlawful possession, use, or trafficking of firearms can result in deportation.
• Unlawful Possession of a Firearm: Possessing a firearm in violation of federal or state laws.
• Trafficking Firearms: Illegally selling or transferring firearms.
• Crimes of Violence or Sexual Offences: Convictions for crimes involving violence or sexual offences, such as rape, sexual assault, or aggravated assault, are grounds for deportation.

National Security and Terrorism-Related Activities:

The U.S. government takes national security threats extremely seriously. Any involvement in activities that threaten the safety and security of the nation can have severe consequences for a Green Card holder.

• Espionage: Spying on the U.S. government or its citizens on behalf of a foreign power.
• Terrorism: Planning, participating in, or providing material support to terrorist activities, including:
• Providing financial support to terrorist organizations.
• Recruiting individuals to join terrorist groups.
• Planning or carrying out terrorist attacks.
• Sabotage: Intentionally damaging or destroying property to hinder the U.S. war effort or national defence.
• Membership in Organizations Hostile to the U.S.: Affiliation with organizations that advocate for the overthrow of the U.S. government or engage in activities that are detrimental to U.S. interests.

Fraud or Misrepresentation:

Obtaining a Green Card through fraudulent means or misrepresenting facts on immigration applications can lead to deportation. This underscores the importance of being truthful and accurate when dealing with immigration authorities.

• Providing False Information on an Immigration Application: Lying or providing misleading information on any immigration form, including applications for a Green Card, visas, or other immigration benefits.
• Marriage Fraud to Obtain a Green Card: Entering into a marriage solely for the purpose of obtaining a Green Card, without the genuine intention of establishing a life together as husband and wife.
• Using Fraudulent Documents: Using fake or altered documents, such as birth certificates, passports, or asylum documents, to gain immigration benefits.
• False Claims to U.S. Citizenship: Falsely claiming to be a U.S. citizen for any purpose, such as registering to vote or applying for a job. This is one of the most severe violations because there is generally no waiver available—it leads to permanent ineligibility for any immigration benefits.

The government can pursue deportation based on fraud or misrepresentation even years after the Green Card was initially granted. Not only can marriage fraud lead to removal, but it also carries a lifetime ban on obtaining immigration benefits under INA § 204(c). Even proving a bona fide second marriage later may not cure the issue.

Public Charge Grounds:

This ground for deportation is rarely enforced but remains a possibility. It applies to LPRs who become primarily dependent on government assistance shortly after entering the U.S.

• Becoming Primarily Dependent on Government Assistance (Welfare, Medicaid) within 5 Years of Entry: This means that the individual relies heavily on government benefits to meet their basic needs, such as food, housing, and healthcare.

It is crucial to understand that the public charge ground for deportation is usually only applied in cases where the individual intentionally misrepresented their ability to support themselves upon entering the U.S. Public charge deportability applies in extreme cases where an LPR misrepresented their financial status during the immigration process. Receiving benefits like Medicaid alone is not enough for deportation unless there is evidence of fraud or intentional deception.

Failure to Maintain LPR Status:

LPR status requires the individual to maintain a continuous residence in the U.S. Actions that demonstrate an intention to abandon U.S. residency can jeopardize the Green Card holder's status.

• Abandoning U.S. Residence: This is demonstrated by staying outside the U.S. for an extended period without the intention of returning. What constitutes an "extended period" is determined on a case-by-case basis by immigration officials, taking into account factors such as:
• Length of absence: Generally, absences longer than one year can raise serious concerns. Absences of six months or more can also raise questions. It is still the government's responsibility to prove their case. Having a re-entry permit (Form I-131) is helpful but not a guarantee—immigration officers can still question intent.
• Reasons for the absence: The purpose of the trip and reasons for remaining abroad are considered.
• Ties to the U.S.: Factors such as maintaining a home, bank accounts, employment, and family relationships in the U.S. are taken into account.
• Declaring Oneself a Non-resident for Tax Purposes: Filing taxes as a non-resident alien demonstrates an intention to abandon U.S. residency. LPRs are generally required to file taxes as U.S. residents, reporting their worldwide income.

If an LPR is absent for more than one year without a re-entry permit, their Green Card is considered abandoned automatically unless they obtain an SB-1 returning resident visa. However, even absences shorter than one year can still result in abandonment if the government believes the individual had no intent to maintain residency. Filing taxes as a non-resident alien strongly suggests abandonment of LPR status but does not automatically revoke it. The IRS and USCIS operate independently, though USCIS may use tax records as evidence of intent.

Violating Immigration Laws:

Certain violations of U.S. immigration laws can lead to deportation, even if they don't involve criminal convictions.

• Smuggling Illegal Immigrants into the U.S.: Knowingly assisting in the unlawful entry of another person into the U.S.
• Voting in U.S. Elections as a Non-Citizen: Voting in federal, state, or local elections is a privilege reserved for U.S. citizens. Non-citizens who vote in elections can face deportation and other serious consequences.
• Failure to Notify USCIS of Address Changes: Failing to notify the United States Citizenship and Immigration Services (USCIS) of a change of address within 10 days of moving is technically a violation of immigration law and can, in rare cases, lead to problems, although it is rarely the sole basis for deportation.

While this is a violation (under INA § 265), deportation for this alone is extremely rare and usually occurs only if combined with other violations.

The Deportation Process:
The deportation process, officially known as removal proceedings, is a complex legal process that involves several stages:

1. Notice to Appear (NTA): The process begins with the government issuing a Notice to Appear (NTA) to the Green Card holder. The NTA is a charging document that outlines the reasons why the government believes the individual is deportable. It includes:
   • The individual's name and address.
   • The alleged violations of immigration law.
   • The date, time, and location of the initial court hearing.
   It's crucial to seek legal representation immediately upon receiving an NTA. An experienced immigration attorney can review the NTA, assess the strength of the government's case, and advise on the best course of action. The date and time of the hearing are not always included on the initial NTA. The U.S. Supreme Court (in Niz-Chavez v. Garland, 2021) ruled that an NTA lacking date/time is defective, though a follow-up notice can correct this. Burden of Proof in Immigration Court: In removal proceedings, the government has the initial burden to prove deportability by "clear and convincing evidence" (INA § 240(c)(3)). If deportability is established, the burden shifts to the LPR to apply for relief.
    
2. Immigration Court Proceedings: The Green Card holder is required to appear before an immigration judge. In court, the government must prove, by clear and convincing evidence, that the individual is deportable based on the grounds specified in the NTA. The individual has the right to:
   • Retain legal counsel at their own cost.
   • Present evidence and witnesses on their behalf.
   • Cross-examine government witnesses.
   • Apply for relief from deportation.
   The immigration court proceedings can be lengthy and complex. The immigration judge will make a final decision on whether the individual is deportable.
    
3. Appeals Process: If the immigration judge orders the individual deported, they have the right to appeal the decision to the Board of Immigration Appeals (BIA). The BIA is an administrative appellate body that reviews decisions of immigration judges. If the BIA upholds the immigration judge's decision, the individual can further appeal to a federal circuit court of appeals. The federal courts have the power to review the BIA's decision and can overturn it if it is found to be legally incorrect.
    
4. Final Removal Order: If all appeals are exhausted or unsuccessful, the individual will be subject to a final removal order. This means that Immigration and Customs Enforcement (ICE) will take the individual into custody and arrange for their deportation from the U.S.

Defenses Against Deportation

Even if the government proves that the Green Card holder is deportable, there may be defences available that can prevent deportation. These defences are known as "relief from removal."

• Waivers of Inadmissibility (I-601): A waiver of inadmissibility allows an individual who is otherwise inadmissible to the U.S. to be admitted despite their inadmissibility. The I-601 waiver is available for certain crimes, health-related issues, and immigration violations.
• Cancellation of Removal for LPRs (EOIR-42A): This is a discretionary form of relief that allows certain LPRs who have been convicted of certain crimes to remain in the U.S. LPRs seeking cancellation of removal are required to:
  • Have been an LPR for at least five years.
  • A minimum of seven years of continuous residence in the United States is required, commencing from the date of legal admission under any status.
  • Not have been convicted of an aggravated felony.
  The immigration judge will consider factors such as the individual's family ties, employment history, and contributions to the community when deciding whether to grant cancellation of removal.
• Asylum, Withholding of Removal, or CAT (Convention Against Torture): These forms of relief are available to individuals who fear persecution or torture in their home country.
  • Asylum: Granted to individuals who can demonstrate a well-founded fear of persecution based on their race, religion, nationality, membership in a particular social group, or political opinion.
  • Withholding of Removal: Comparable to asylum but provides fewer safeguards. It prevents deportation to a specific country where the individual fears persecution but does not grant LPR status.
  • CAT: Protects individuals from being deported to a country where they are more likely than not to be tortured.
• Adjustment of Status: If the Green Card holder is eligible for another immigration benefit, such as a family-based visa or employment-based visa, they may be able to adjust their status and obtain a new Green Card.
   

How to Avoid Deportation

The best way to avoid deportation is to take proactive steps to protect your LPR status and comply with U.S. laws.

• Avoid Criminal Activity: The most important step is to avoid any involvement in criminal activity. Even seemingly minor offenses can have serious immigration consequences.
• File Taxes as a U.S. Resident: File your taxes as a U.S. resident, reporting your worldwide income. This demonstrates your intent to maintain U.S. residency.
• Renew the Green Card on Time: Green Cards are valid for 10 years and must be renewed before they expire. Failing to renew your Green Card on time can raise questions about your intent to maintain LPR status.
• Follow All Immigration Laws: Comply with all U.S. immigration laws, including notifying USCIS of any change of address.
• Seek Legal Help if Facing Charges: If you are arrested or charged with a crime, seek legal help from an experienced immigration attorney immediately. An attorney can advise you on the immigration consequences of the charges and help you develop a defense.
• Consult with an Immigration Attorney Before Traveling Abroad for Extended Periods: Before traveling outside the U.S. for an extended period, consult with an immigration attorney to ensure that you are not jeopardizing your LPR status.

Conclusion:
The deportation of Green Card holders is a serious matter with life-altering consequences. While LPR status provides the right to live and work permanently in the U.S., it is not an absolute guarantee against removal. Certain criminal convictions, national security threats, fraud, abandonment of residency, and violations of immigration laws can all lead to deportation.

Understanding the grounds for deportation, the legal processes involved, and potential defences is crucial for Green Card holders to protect their residency and future in the U.S. Proactive steps to comply with U.S. laws, avoid criminal activity, and maintain strong ties to the U.S. are essential for preventing deportation.

If facing any potential immigration-related legal issues, seeking advice from an experienced immigration attorney is vital. Preserving your Green Card requires diligence and adherence to the laws and regulations governing immigration in the United States.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: imranwahab216@gmail.com, Ph no: 9836576565