Immigrants can lose their green cards and face deportation if they make these mistakes
It is a long and laborious road to permanent U.S. residence, one that opens a broad spectrum of job possibilities and offers reassurances to immigrants who can then live and work legally in the United States.
But a green card, which leads to U.S. citizenship through naturalization, could be lost through mistakes, status abandonment or deportation orders by immigration judges.
The U.S. Citizenship and Immigration Service (USCIS) says these factors, whether intentional or accidental, could be construed as abandoning permanent residence status.
▪ Moving to another country with the intention of living there permanently.
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▪ Staying abroad for a prolonged period, without proof that the trip is for a short-term visit. The green card is automatically canceled if the trips abroad last more than one year, or if the immigrants take up residence in another country. In either case, USCIS recommends applying for permission to reenter the United States.
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▪ Failing to declare income to the Internal Revenue Service and state income tax authorities.
▪ Declaring “nonimmigrant” status on U.S. tax returns.
▪ Failing to register for the U.S. military’s Selective Service System, if the immigrants are males between the ages of 18 and 25.
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Deportation proceedings
U.S. laws also may cancel permanent residence if an immigration judge issues a final order of deportation because of serious crimes, including driving under the influence of alcohol or drugs.
A USCIS regulation put in place last year requires immigrants to appear before an immigration court if they have abused any program related to public benefits.
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A person can be deported if there’s evidence of “fraud or willful misrepresentation in connection with any official matter or application before a governmental agency,” the policy memorandum notes.
A deportation order automatically cancels the green card.
Immigrants facing this scenario should seek legal help, because it is very difficult to regain permanent residence status once the green card has been canceled.
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The American Immigration Lawyers Association (AILA) offers an online list of expert professionals licensed to practice law.
Some immigrants also decide to voluntarily abandon their permanent residence status and surrender their green cards, according to USCIS.
Read more: If it seems like your green card is taking too long, here’s how to check
Daniel Shoer Roth is a journalist covering immigration law who does not offer legal advice or individual assistance to applicants. Follow him on Twitter @DanielShoerRoth or Instagram. The contents of this story do not constitute legal advice.
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