USCIS Green Card Warning – Deportation for Green Card Holder

Following an arrest or criminal charge, the permanent resident’s record will be reviewed by US Citizenship and Immigration Services (USCIS) when the green card is renewed. Numerous offenses have the potential to lead to deportation, and yet others may result in an immigrant’s inadmissibility or deportability even in the absence of a conviction.

When you apply for or renew a green card, it is reasonable to expect that USCIS will conduct an investigation into these law enforcement situations. A felony that was not punishable by deportation twenty years ago may now be so as a result of changes in the USCIS’s approach to specific offenses. Individuals with criminal records must be cognizant of their circumstances prior to submitting an application for the renewal of their green card.

Obligation to Renew/Replace a Green Card

USIS requires that applicants pay for and undergo a criminal background investigation each time they submit Form I-90 to replace their permanent residence card. This must be considered prior to the submission of Form I-90 and other immigration benefit applications. Conversely, an indictment should not serve as an obstacle to a permanent resident’s acquisition of a new or renewed green card.

A permanent resident who is over the age of eighteen is legally obligated to maintain a legitimate, unexpired green card for practical reasons. In order to work, travel abroad, or renew a driver’s license, a valid green card is required. The issue will not disappear if it is disregarded.

What Happens at a Biometrics Appointment

A few weeks following the submission of Form I-90, the applicant will receive an appointment notice from USCIS via mail. The biometrics appointment’s time, date, and location are specified in the notification. The biometrics appointment typically lasts between 15 and 20 minutes in order to obtain the fingerprints and photographs of permanent residents.

In addition to utilizing biometrics to generate a new green card, the USCIS will conduct a criminal history check. The FBI will receive the applicant’s biometrics and identity from USCIS. The data will be compared to databases maintained by a variety of law enforcement organizations by the FBI.

USCIS will be able to determine whether the applicant has a criminal history or a history of immigration infractions. Individuals who suspect they may have a criminal history should consult with an immigration attorney prior to submitting an application for the renewal of their Green Card. A copy of the applicant’s arrest record can be obtained in advance, and an attorney can provide guidance throughout the process. An attorney may be able to obtain a waiver or have the record expunged, contingent upon the specifics.

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Benefits of USCIS Green Card Warning – Deportation for Green Card Holder

• Legal Obligations Awareness: The warning assists Green Card holders in comprehending the legal obligations they must adhere to in order to preserve their lawful permanent resident status. This encompasses the compliance with U.S. laws, the payment of taxes, and the prevention of illicit activities that could affect their residency.
• Understanding Residency Requirements: It is important to remind Green Card holders of the necessity of maintaining continuous residency in the United States. Questions regarding their intention to reside in the United States may arise as a result of extended absences from the country or the establishment of residency elsewhere, which could result in deportation.
• Compliance with Travel Regulations: The warning emphasizes the significance of adhering to travel restrictions. Green Card holders who remain outside the United States for more than a year without a re-entry permit or fail to meet physical presence requirements may be subject to deportation or encounter challenges upon their return to the country.
• Deportation Risk Avoidance: The warning offers Green Card holders vital advice on how to mitigate these risks by emphasizing actions that could result in deportation, such as the commission of specific crimes, fraud, or misrepresentation.
• Encouragement to Seek Legal Advice: The warning may serve as an incentive for Green Card holders to seek legal counsel if they are dubious about their status, particularly if they have committed an offense or have spent an extended period of time outside the United States. This can assist them in implementing corrective measures prior to the commencement of deportation proceedings.
• Route to Citizenship Consideration: The warning may serve as an incentive for Green Card holders to contemplate the possibility of applying for U.S. citizenship, provided that they satisfy the eligibility criteria. Citizenship provides a greater level of security than permanent residency, as U.S. citizens are not subject to deportation.
• Right Protection: The warning also serves as a reminder to Green Card holders of their rights in the U.S., including the right to due process and the ability to challenge deportation orders in court.
• Educating Green Card holders on Recent Changes in Immigration Laws and Policies: USCIS provides warnings to inform them of any recent changes in immigration laws or policies that may affect their status, thereby assisting them in remaining informed and compliant.
• Encouragement of Responsible Conduct: The threat of deportation serves as an incentive for Green Card holders to exhibit lawful and responsible conduct, thereby making a positive impact on their communities and society.
• Taking Proactive Action: Green Card holders who receive such warnings may take proactive measures, such as renewing their Green Cards on time, applying for re-entry permits before traveling, or ensuring that they do not violate any terms of their residency.

Types of Deportable Crimes

An extensive list of offenses that result in deportation is contained within the Immigration and Nationality Act (INA). It is not as straightforward as asserting that a green card holder who commits a criminal offense would be deported. The INA posits that a crime that is classified as a felony in one jurisdiction may not be a criminal offense that can lead to deportation. Nevertheless, an offense that the state considers to be a misdemeanor may be deported upon examination by USCIS.

Deportation may be the consequence of the following offenses when renewing a green card after an arrest:

1. A morally abhorrent act committed within five years of obtaining a green card is classified as an aggravated felony.
2. Deportable offenses, including those that involve sex, narcotics, domestic abuse, weapons, or fraud, may be committed at any time.

This is solely a summary to ascertain whether a specific offense meets the criteria. When confronting an aggravated offense, it is imperative to retain the services of an experienced and accomplished attorney.

Aggravated Felony Explained

The term “aggravated felony” is defined and employed in the Immigration and Nationality Act; however, it is frequently perplexing. The INA’s definition of an aggravated felony encompasses crimes that are neither felonies nor aggravated. Convictions for severe felonies in cases involving misdemeanors or other offenses not prosecuted as felonies in the state in question have resulted in deportations.

The definition of an aggravated felony in immigration law is significantly more expansive than that of most state criminal statutes. The definition is contained in either Section 110A (43) of the US law or Section 101A (43) of the INA. The following are classified as aggravated felonies in the definition:

• Murder
• Sexual abuse or rape of a juvenile
• Illicit trafficking in a controlled substance
• Additionally, the illegal trade of firearms, explosives, and hazardous equipment
• Furthermore, the use of funds obtained from specific illegal activities for financial benefit or, if the amount exceeds $10,000, money laundering.
• Additionally, offenses involving firearms or explosives
• Additionally, a violent felony is punishable by a minimum of one year in prison, except for political offenses.
• Theft, which includes the receipt of stolen items, and burglary (if the sentence included a minimum of one year in prison)
• Taking an individual hostage and requesting or accepting a ransom
• Furthermore, juvenile pornography
• Similarly, wagering or racketeering (which could result in a minimum of one year in prison)
• In the same vein, serving as the proprietor, operator, manager, or supervisor of a prostitution enterprise
• Transportation is associated with prostitution, regardless of whether it is conducted for profit or as juvenile labor.
• Human trafficking or involuntary servitude
• Additionally, the acquisition or transmission of data concerning national defense
• In the same vein, the disclosure of confidential information
• Threatening the identities of covert intelligence agents or engaging in treasonous sabotage
• Fraud or deception occurs when the victim or victims incur losses exceeding $10,000, or tax evasion occurs when the government incurs revenue losses exceeding $110,000.
• Additionally, alien smuggling is prohibited, except for a first-time offense in which the alien has explicitly declared their intention to independently assist themselves, their spouse, their child, or their parent.
• Finally, an immigrant who was previously deported as a result of an aggravated felony conviction may enter the country lawfully.

Additional Crimes

• Falsely creating, forging, counterfeiting, mutilating, or altering a passport or other instrument document fraud is punishable by a minimum 12-month jail sentence. However, if this is an alien’s initial offense and they have demonstrated that the offense was committed to assist, aid, or support themselves, their spouse, child, or parent, and no one else, the sentence may be reduced.
  Additionally, failure to appear for the completion of a sentence (provided that the original offense entails a five-year or longer jail sentence)
  Additionally, commercial extortion, vehicle trafficking, counterfeiting, or forging
• In addition, a minimum of one year in prison is imposed for perjury, obstruction of justice, or subordination of perjury or bribery of a witness.
• In the same vein, failing to appear in court as mandated by a court order to resolve a felony charge that may result in a minimum of two years in prison
• Above all, an attempt or agreement to commit a grievous criminal offense

Overview of Aggravated Felonies

Additionally, a summary of severe felonies is available. The American Immigration Council has stated that the denial of a green card renewal and the initiation of a removal proceeding may be justified if the applicant is arrested for a drug crime, convicted of a controlled substance offense, or involved in a crime involving drugs or drug paraphernalia (excluding the simple possession of less than 30 grams of marijuana).

The offense is treated differently under immigration law, regardless of whether the state considers it a misdemeanor. Although possession of less than 30 grams of marijuana does not inherently render an individual ineligible for a green card renewal or removal, it can result in inadmissibility. If a permanent resident attempts to re-enter the country after traveling abroad, they may be declared ineligible.

The permanent resident should consult with legal counsel to determine whether a renunciation of inadmissibility is necessary before departing.

Renewing a Green Card after an Expunged or Vacated Conviction

Convictions that have been vacated and expunged may occasionally qualify as convictions for immigration purposes. Holding oneself out as a citizen of the United States, even on a job application, where there is reason to believe a non-citizen was or is a trafficker in controlled substances, immigration fraud, and marriage fraud are examples of certain criminal activity that can render a person deportable or inadmissible without a conviction.

In the aftermath of an arrest, the seemingly straightforward process of renewing a green card can disclose significant issues for the applicant. Be aware that your immigration status may or may not be affected by your arrest, contingent upon the nature of the offense. Before submitting any immigration forms to the United States Citizenship and Immigration Services (USCIS), it is recommended that individuals who have been arrested consult with an experienced immigration attorney.

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