
Circumstances in Which a Green Card Can Be Revoked in the United States
The Green Card, or permanent resident card in the United States, grants holders the right to live and work in the country indefinitely. However, this status is not absolute and can be revoked under certain circumstances. Below, we explore the main reasons a person could lose their permanent residency and the legal process involved.
Also, you may be interested in: “U.S. Launches Global Campaign Against Illegal Immigration.”
Reasons for Green Card Revocation
There are several reasons why the U.S. government may revoke a Green Card. The most common include:
Commission of Serious Crimes:
Permanent residents can lose their status if convicted of serious crimes, including:
- Immigration or document fraud.
- Drug-related offenses.
- Crimes of violence or aggravated theft.
- Crimes that threaten national security.
Prolonged Absences from the Country:
A permanent resident who spends extended periods outside the U.S. without obtaining a re-entry permit may be considered to have “abandoned residency” and face Green Card revocation.
Falsification of Information:
If it is discovered that permanent residency was obtained through false or fraudulent information, the government may initiate a revocation process.
Associations That Represent a Threat to National Security:
The Immigration and Nationality Act states that anyone linked to organizations deemed dangerous to national security may be subject to deportation.
Foreign Policy Considerations:
The State Department has the authority to revoke residency of any foreign national if their presence in the country is considered to negatively affect U.S. foreign policy interests.
The Green Card Revocation Process
When the U.S. government determines that a permanent resident has violated immigration laws, it initiates a legal process that may include:
- Notice to Appear (NTA): The Green Card holder receives a document summoning them to an immigration court.
- Detention and Hearing: In serious cases, the individual may be detained while awaiting a hearing before an immigration judge.
- Legal Defense: The resident can present evidence and arguments to avoid revocation but must cover legal costs, as they are not entitled to a public attorney.
- Judge’s Decision: If the judge rules against them, the individual can appeal the decision to the Board of Immigration Appeals and, ultimately, to a federal court.
Conclusion
The Green Card grants important rights to its holders but also entails responsibilities. It is crucial to understand and comply with immigration laws to avoid revocation of permanent residency status. In case of legal issues, seeking advice from an immigration attorney is highly recommended to ensure due process and the best possible defense.
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