Can A Permanent Resident Be Deported?

While a green card can grant you permanent residence in the U.S., it is still possible to be deported. Thousands of permanent residents are deported each year, mainly due to the crimes they have committed while in the United States. People can also be deported if they have obtained a green card through fraudulent means or if it has been construed by the US Citizen and Immigration Service (UCIS) that they have abandoned permanent residence status by moving to another country for an extended length of time.

Unfortunately, a deportation order automatically cancels a green card, and this will make it difficult to regain permanent residence status in the future. However, it is not impossible, although legal help will need to be sought from an immigration lawyer when attempting to attain permanent residence status again.

The list issued by the UCIS is extensive, but it may not cover every conceivable crime. It is still possible to be deported because of a crime that isn't on the list, so a person should still seek the assistance of an immigration law firm if they think they have committed an act that could lead to deportation.

Deportable offenses include:

• Smuggling - Illegally helping an immigrant gain access to the United States.
  

• Marriage Fraud - Getting married for the sole purpose of gaining entry into the United States.

• Crimes of Moral Turpitude - Immigration is a little vague on what crimes fall into this category, so it is sometimes up to the U.S. courts to determine what crimes are deportable offenses. Historically, the CMT's that have warranted deportation include murder, rape, voluntary manslaughter, kidnapping, aggravated assault, spousal abuse, and robbery. In short, if the accused was to commit a crime that prevented them from meeting the good moral character requirement that is needed for U.S. citizenship, they could face deportation.

• Aggravated Felony - Breaking a federal law could lead to deportation, and it is usually the job of the U.S. Immigration Authorities to determine whether the crime committed warrants a person's citizenship to be revoked. The crimes in this category include those already mentioned, as well as drug trafficking, treason, commercial bribery, and more.

• Terrorism - If a person has engaged in terrorist activity, or if they are a part of a terrorist group, they could face deportation.

This list isn't exhaustive, so consult with an immigration lawyer if you would like to know more.

If the immigration authorities consider you deportable, you won't be kicked out of the United States immediately. In the majority of cases, you do have the right to defend your position in an immigration court. Here at the Law Offices of Malvern C. Burnett, we can help you develop a winning strategy to remain in the U.S. if you find yourself at risk of deportation. Get in touch with us today, and be it for yourself or a loved one, get the advice and support you need. 504-586-1922