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Can Green Card Be Revoked?

Regrettably, yes, a green card can be revoked. At Vanderwall Immigration, we have assisted numerous green card holders who found themselves in removal proceedings for various reasons. Please contact our firm to explore your options. In this article, we will discuss the most common circumstances leading to the loss of green card status.

Living Outside the U.S. for an Extended Period

Spending more than a year outside the U.S. can result in the loss of lawful permanent resident status. Even shorter absences could be deemed abandonment. When seeking reentry, customs officers assess whether you intend to reside outside the U.S., and they have the authority to initiate removal proceedings if they suspect such intent.

There are ways to prevent this situation. For instance, obtaining a reentry permit before departing can extend your absence up to 24 months. Exceptions also exist for those with commuter status, who work in the U.S. but reside across the border. If you plan to take an extended trip outside the U.S., it is advisable to consult with an attorney beforehand.

Committing Fraud to Obtain Immigration Benefits

Any fraudulent activity during the immigration process can lead to the revocation of your lawful permanent resident status. Fraud may involve:

  • Misrepresentations in your application.
  • Submission of fraudulent supporting documentation.
  • Providing false information during interviews with immigration officials.

Marriage fraud is a common form of fraud, where a citizen seeks approval for their spouse to enter the U.S. This type of fraud takes various shapes, such as marrying for financial gain or as a favor. Additionally, a foreign national can commit marriage fraud by feigning love for a U.S. citizen.

Visa fraud is also prevalent. Foreign nationals applying for nonimmigrant visas must demonstrate their intention to return to their home country. Therefore, if you apply for a student visa, it implies your plan to return home after completing your course of study. Any conduct inconsistent with your visa status can raise suspicions of fraud.

Having Certain Criminal Convictions

Many revocations stem from criminal convictions. However, not all convictions lead to permanent resident status loss. It is crucial to consult with an experienced attorney to review any arrests and/or convictions you may have.

The most severe crimes that can result in removal proceedings include:

  • Aggravated felonies committed at any time.
  • Crimes involving moral turpitude could carry a sentence of at least one year.
  • Two or more convictions for crimes involving moral turpitude at any time, not arising from a single scheme or criminal event.

These examples serve to illustrate, but they do not represent an exhaustive list.

Failure to Remove Conditions

Conditional green card holders, including those through marriage or investment, must remove conditions within two years since the green card expires after this period. Failure to do so can result in removal proceedings.

Contact Our Salem Green Card Lawyer for Assistance

If you are facing removal proceedings or have any questions, please reach out to us. We are dedicated to working diligently to help you remain in the United States.