When Can the Government Strip a Green Card?

A green card is lawful permanent residency in the United States. When an immigrant is issued a green card, they will have lawful permanent status. Further, they will be on a path to citizenship through naturalization. You may be wondering: Can the government strip a person of their green card? The answer is “yes.” Green cards can be revoked, but only through a formal process. Here, our Northern Virginia green card lawyer explains the circumstances that could give the government the authority to move to strip a person of lawful permanent residency.

What is a Green Card? 

To start, it is important to understand green cards. The term “green card” is simply the casual term for lawful permanent residency. It authorizes a noncitizen to live and work in the country on a permanent basis. Among other things, a lawful permanent resident may travel, sponsor certain relatives, and later apply for naturalization if eligibility requirements are met.

An Overview of When a Green Card Can Be Revoked

A person can have lawful permanent resident status on an indefinite (permanent) basis. With that being said, a green card is not citizenship. An immigrant’s green card can be revoked in certain circumstances. Here is an overview of the most common reasons why:

• Fraud/Willful Misrepresentation: Under INA § 212(a)(6)(C)(i), an immigrant’s green card status can be revoked if the government proves that it was obtained through fraud or willful misrepresentation of a material fact. To strip a green card on these grounds, the government must show that the false statement or omission was deliberate and had a natural tendency to influence the immigration decision. For example, if the government proves a sham marriage was used for immigration, that is grounds for a revocation.
• Criminal Convictions (Certain Crimes): Under INA § 237(a)(2), certain criminal convictions can make a permanent resident deportable. Along with other types of crimes, these charges include aggravated felonies, crimes involving moral turpitude, controlled substance offenses, and firearm-related violations. The classification of the offense under federal immigration law controls, not the label under state law.
• Abandonment of Residency: A Green Card holder must maintain the United States as a primary residence. Notably, extended or repeated absences, especially without maintaining ties such as housing, employment, or tax filings, can support a finding of abandonment. Intent controls the analysis for this ground of revocation. A finding of abandonment can result in denial of admission or placement in removal proceedings.
• Violation of Immigration Status: Finally, permanent residents obtain status subject to conditions, such as marriage-based conditional residence (INA § 216). The failure to timely file a petition to remove conditions or failure to prove the underlying relationship was bona fide can result in termination of status. To be clear, the burden is on the resident to comply with filing deadlines and evidentiary requirements.

Consult With Our Virginia Green Card Attorney Today

At Escobar Law Offices, our Virginia green card lawyer provides personalized legal representation to clients. If you have any questions about green cards, please do not hesitate to contact us today for a strictly confidential, no commitment initial consultation. With an office in Annandale, our firm handles green card issues throughout Northern Virginia.

Source:

uscis.gov/policy-manual/volume-8-part-j-chapter-2