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For what they can deport a green card holder: 29 reasons

'10.08.2020'

Lyudmila Balabay

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Having a visa or green card does not guarantee that you cannot be expelled from the United States. There are a number of legal grounds for this. The list of reasons for the deportation of a legal immigrant was compiled by the publication Nolo.

Photo: Shutterstock

The US Immigration and Citizenship Act sets forth numerous grounds for the deportation of legal immigrants. Only after an immigrant becomes a US citizen can he be protected from deportation. US citizens cannot be expelled from the country unless they have used fraud to obtain their green card or citizenship.

Reasons why a permanent resident (green card holder) can be deported from the United States

A legal immigrant can be deported from the United States if he:

  1. Was considered prohibited from entering the United States when entering the country or at the time of a change in status, violated the terms of his visa, green card or other status (permanent residents who were absent from the United States for less than 180 days in a row do not need to worry about admission upon their return. except when they have committed certain crimes).
  2. Had conditional permanent resident status (applicable to certain spouses, sons and daughters of US citizens, as well as investors / entrepreneurs with their spouses and children), but this status was terminated and not renewed / changed.
  3. Prior to, during, or within 5 years from the date of any entry into the United States, knowingly assisted in smuggling any other foreigner attempting to enter the United States.
  4. Has committed a marriage fraud.
  5. Having got married less than 2 years before receiving a US green card on the basis of marriage, annulled or dissolved the marriage within the next 2 years (unless the immigrant can prove that the marriage was not fraudulent).
  6. Was convicted of a crime of moral obscenity that was committed within 5 years after the date of entry into the United States (or within 10 years if the person received a green card as a criminal informant) and is punished with imprisonment for at least a year.
  7. Was convicted of two or more crimes of moral obscenity at any time after entering the United States.
  8. Was convicted of a felony any time after entering the United States.
  9. Was convicted of fleeing or dodging an immigration checkpoint in a car and then fleeing from law enforcement by exceeding the legal speed limit.
  10. Оhe refused to register as a sex offender (if there were grounds for such registration).
  11. Has been convicted of a drug-related crime (or conspiracy or attempted conspiracy) in the United States or another country at any time after entering the United States. The only exception is one offense involving possession of marijuana within 30 grams.
  12. Is or at any time after entering the United States has been addicted or using drugs. Please note that this section does not require an actual court order. The very admission of this person to drug use or evidence in a medical report may be sufficient.
  13. Was found guilty of unlawfully buying, selling, possessing or participating in transactions involving firearms or other weapons or destructive devices at any time after entering the United States.
  14. Was convicted of committing or conspiring to commit espionage, sabotage, high treason or insurrection.
  15. Violated the US Military Election Service Act or the Enemy Trade Act.
  16. Has violated certain travel and documentation restrictions or brought foreigners into the United States for immoral purposes.
  17. Has been convicted of domestic violence, stalking, child abuse, neglect of children, or leaving a child unattended at any time after entering the United States.
  18. Has violated a protective order issued against him, designed to stop potential threats of violence, repeated harassment or personal injury.
  19. Has committed or participated in a conspiracy to commit human trafficking inside or outside the United States, or was an aide, instigator, or conspirator with anyone in serious forms of human trafficking; or is the spouse, child of a trafficker who has knowingly received any financial or other benefit from illegal activities during the last 5 years.
  20. Fails to notify US immigration authorities in writing of the change of address within 10 days of the move (unless the person can prove that the refusal was reasonably justified or will not be intentional).
  21. Was convicted of providing false information to immigration authorities or for other violations related to fraud and misuse of visas, permits and other entry documents.
  22. Received a final deportation order for document forgery, falsification, counterfeiting or related violations.
  23. Posing as a US citizen in order to obtain immigration or other benefits.
  24. Has engaged in espionage, sabotage, violation or evasion of any law prohibiting the export of goods, technology, confidential information, or any other criminal activity that threatens the public or national security of the United States, currently or at any time after entering the United States. This also includes people who oppose, try to control or overthrow the US government through force, violence, or other illegal means.
  25. Currently participates in terrorist activities, provoked terrorist activities, or is a representative of a terrorist organization or group that supports terrorist activities, or is a member of a terrorist organization (unless he proves that he did not know about its terrorist goals), or approves or supports terrorist activities. or convinces others of this, or has completed military training with or on behalf of a terrorist organization, or is the spouse or child of a terrorist if the activity has taken place within the last 5 years.
  26. His presence in the United States could lead to potentially serious adverse foreign policy consequences.
  27. Participated in Nazi persecution, genocide, torture or extrajudicial executions, gross violations of religious freedom, recruitment or use of children for military purposes.
  28. Within 5 years after entering the United States, he was on state support.
  29. Voted in elections in violation of any federal or local law.

Even if the immigration authorities believe that you are subject to deportation, you will not be immediately expelled from the country. In most cases (for example, if there is no outstanding expulsion order in your case), you have the right to defend yourself in immigration court. For some types of deportation, the law provides for a waiver (legal forgiveness) for which you can apply.

Be sure to contact a lawyer for help if you are facing an expulsion procedure or if you think you have done something for which you may be subject to deportation.

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