If I am a Green Card Holder, Can I Be Deported if I am Arrested?

Are you a lawful permanent resident (green card holder)? If so, it is important to understand that being arrested and charged with a crime could have implications for your immigration status. Under United States immigration law (8 U.S.C. § 1227), certain crimes can make a person subject to deportation, even if they have a green card. Here, our Virginia deportation defense attorney explains the key things green card holders need to know about an arrest.

Background: You Will Not Be Automatically Deported Based on an Arrest Alone 

An arrest is a big deal, especially for a green card holder. With that being said, you will not be deported based solely on an arrest alone. Under federal immigration law, the key issue is whether the noncitizen has been convicted of a removable offense. Immigration courts rely on the statutory grounds of removability as listed. If the arrest does not lead to a conviction, or if the charge is dismissed, the government will generally lack a basis to pursue removal on criminal grounds.

Note: In some cases, the Department of Homeland Security (DHS) may place a green card holder into removal proceedings if the alleged conduct appears to fall within a deportable category. Even when a conviction has not yet occurred, an arrest could lead to an immigration detainer.

Certain Criminal Convictions Make a Green Card Holder Deportable 

Federal law explicitly states several categories of criminal convictions that can make a lawful permanent resident deportable. The big category involves crimes involving moral turpitude (CIMTs). Under 8 U.S.C. § 1227(a)(2)(A)(i), a green card holder may face removal if they are convicted of a CIMT committed within five years after admission and the offense carries a potential sentence of one year or more. Beyond that, a lawful permanent resident becomes deportable after conviction for aggravated felonies, certain controlled substance offenses, domestic violence offenses, firearms violations, or multiple criminal convictions.

For Green Card Holders, the Immigration Consequences Depend on the Precise Charge

Immigration courts apply a technical legal analysis when determining whether a conviction will lead to deportability. Immigration judges typically rely on the categorical approach. That is a method that compares the elements of the criminal statute of conviction with the federal immigration definition of the removable offense. The court does not focus primarily on the underlying facts of the case. Instead, it evaluates the statutory elements of the offense. For green card holders, it is important to address immigration matters proactively as part of any criminal defense strategy. An experienced Virginia deportation defense lawyer can help. 

Contact Our Virginia Deportation Defense Lawyer Today

At Escobar Law Offices, our Virginia deportation defense attorney is a knowledgeable, experienced advocate for clients. If you have any questions about raising a defense against deportation, please do not hesitate to contact us today for a confidential consultation. With an office in Annandale, we handle deportation defense throughout Northern Virginia.

Source:

uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227&num=0&edition=prelim