USA and the UK
Understanding the Different Forms of Violations That Can Affect Your Green Card
There are different forms of violations that can affect your green card. These violations can make you lose your green card, lose your permanent resident status and be deported from the U.S.
Deportation proceedings are typically initiated against foreign nationals who:
- Have committed serious felonies or crimes of moral turpitude. Green card holders may potentially be deported if they commit other criminal offenses.
- Have the intent to cause injury to another person or their property, as well as theft, fraud, and larceny, are crimes of moral turpitude. This group may also include domestic violence and drunk driving.
- Have committed criminal offenses of moral turpitude which must have been committed during the five years following the green card holder’s entry into the country in order for them to be deported.
- Have committed two or more crimes of moral turpitude at any time after being granted entry into the U.S.
- Are involved in drug trafficking, murder, rape, money laundering, sexual abuse of minors, perjury, fraud, and other crimes are examples of severe felonies.
- Are convicted of an aggravated felony. More significantly, non-citizens who have been convicted won’t be permitted to enter the United States again.
Green card holders who break U.S. law are not instantly deported. In immigration courts, this allows immigrants an opportunity to defend their legal rights.
You might be able to get a waiver that offers legal forgiveness in certain circumstances. Defendants are required to request for this waiver and your immigration lawyer can assist you in learning whether it is available as well as other possible measures for your safety.
Holders of green cards are able to live in the country legally. These non-citizens can still be deported despite the fact that this offers some protection against removal.
The first step in preserving your legal standing in the United States is to understand the causes of green card holders’ potential deportation. You can get the tools you need to safeguard your well-being and the welfare of your family by speaking with immigration lawyers.
- Understanding the Different Forms of Violations That Can Affect Your Green Card
- Consequences of Overstays and Unlawful Presence on Your Green Card
- Travel Implications of Overstaying Your Visa
- Illegal Entry: How It Affects Your Green Card Status
- Navigating Waivers of Inadmissibility
- Grounds of Deportability for Green Card Holders
- Differences Between Deportability and Inadmissibility
- Who Is Eligible for Deportation Based on Grounds of Deportability
- What Happens to Green Card Holders Who Are Subject to Deportation?
- How to Protect Yourself from Deportation
- Understanding Lawful Permanent Resident Admission for Naturalization
- Factors That Can Result in Abandonment of Lawful Permanent Resident Status
- Effect of Change in Law on Lawful Permanent Resident Status
- Applicants Considered Lawfully Admitted
- Removal Proceedings for Lawful Permanent Residents
- Exceptions to Lawful Permanent Resident Status Requirements
- How can IAS Help?
- Frequently Asked Questions
Consequences of Overstays and Unlawful Presence on Your Green Card
Once you get into the U.S. with a valid visa, be it a tourist or student visa and overstay by less than 180 days, your visa will be deemed void and you will have to apply for a new one in your home country in order to return to the U.S.
As long as you obtain the necessary visa, you are still permitted to return to the United States at any moment in this situation. It will be more difficult to get a new visa if you have already overstayed a previous visit since you must prove to the consular official that you will not do so again.
Even though you are from one of the eligible countries, you will not be able to use the Visa Waiver Program in the future if you visit the country through the program and stay for more than 90 days. You would have to apply for a visa at the nearby consulate or local U.S. embassy if you wished to return to the United States.
You will be prohibited from returning to the United States for a predetermined period of time if you have more than 180 days of unlawful presence, which entails exceeding your visa’s validity by at least 181. You will be prohibited from entering the United States for three years if you were in the country unlawfully for between 180 and 365 days. You will be prohibited from entering the country for 10 years if you were present there illegally for more than a year (sometimes termed “reentry bars” or the “three- and ten-year bars”).
However, as long as you are married to a citizen of the United States, you can still apply for a marriage-based green card without leaving the country even if you overstayed after entering the U.S. with a valid visa or through the Visa Waiver Programme.
Travel Implications of Overstaying Your Visa
One of the categories of immigrants who are permitted to apply for (and acquire) a green card without leaving the United States are family members of U.S. citizens, even if they do not currently have a legal immigration status. However, they must have arrived in the U.S. legally.
You can apply for a travel permit (officially known as an Advance Parole Travel Document) if you fall into this category and want to travel abroad while your green card application is being processed. If approved, you won’t be subject to the reentry bars for unlawful presence even if you couldn’t have returned to the country.
It is crucial to remember, however, that this policy which is based on a 2012 Board of Immigration Appeals ruling is not consistently administered across the nation and is subject to change at any time (including when you are not in the United States).
Know that it’s best to postpone international travel if you’ve been living in the U.S. without legal status until after you’ve been issued a green card.
Illegal Entry: How It Affects Your Green Card Status
Illegal entry has more complicated consequences. You are unable to submit an application for a green card from within the U.S. if you entered the United States unlawfully (as opposed to overstaying your visa).
However, leaving the country to submit an application for a green card from abroad can be risky because, as mentioned above, if you have more than 180 days of unlawful presence, you will face a 3 to 10 year reentry prohibition.
But, if you entered the U.S. unlawfully but left before spending 180 days there, you would not be subject to a reentry bar and may submit an application for a green card at the consulate or the U.S. embassy in your country.
It’s crucial to realize that you would be permanently prohibited from entering the U.S. if you were deported from the U.S. and then reentered illegally.
Just as stated earlier, you must leave the country in order to submit an application for a green card at a U.S. embassy or consulate if you entered the United States illegally and have been there for more than 180 days. You must submit an application for a “Waiver of Inadmissibility” to be allowed to reenter the United States in order to get around the three- and ten-year reentry bars.
You must prove that your “qualifying relative” will endure “extreme hardship” if you are denied permission to reside in the U.S. in order to be granted a waiver. A U.S. citizen (parent or spouse) or holder of a U.S. green card qualifies as a relative for this specific sort of waiver, known as “Unlawful Presence Waiver”. (You can mention how your spouse might be impacted by your children’s hardship, but children alone are not qualifying relatives for unlawful presence waivers).
You must demonstrate that the hardship your relative would endure is “extreme” when preparing your waiver application. There must be a compelling reason why you and your relative cannot coexist in your country of origin, as well as a compelling case for why they will suffer if you are denied permission to live in the U.S.
Previously, you would have been required to leave the U.S. first and then apply for a waiver at a consulate or the U.S. embassy at the same period of your green card application. Today, you can get a “Provisional Waiver” prior to departing the country. This cuts down on the amount of time you need to spend outside the U.S. and increases your level of assurance that your waiver will be granted.
The waiver policy of USCIS has seen a significant modification in recent years. Prior to August 2016, you had to be the spouse of a U.S. citizen in order to obtain a provisional waiver before leaving the country. But as of right now, spouses of people with green cards are given the same rights as spouses of U.S. citizens.
Waivers are now available to anybody applying for a green card, as opposed to only those who were applying for marriage-based green cards in the past. Now, anybody applying for a green card can equally apply for a provisional waiver.
The processing period for provisional unlawful presence exemptions has increased to as much as 8 months as a result of the increase in the number of people who are eligible for them. Ensure you have the current information about the eligibility for a provisional waiver by contacting USCIS.
Your marriage-based green card application may be made more difficult by remaining in the U.S. without legal status, overstaying your visa, and entering the country unlawfully. However, as previously said, prior immigration violations may not always bar you from obtaining a family-based or marriage-based green card.
Fraud and Willful Misrepresentation
You can commit fraud if you lie to get some sort of immigration benefit. However, any statement or depiction of the facts that is not entirely accurate can lead to serious issues with immigration and even the loss of your permanent resident status.
Immigrants could commit fraud when creating an application, providing supporting documentation, during interviews, or exchanging information with immigration officials. It might happen when there are other immigration incentives available besides permanent residency.
Examples of immigration benefits that USCIS assesses for possible fraud include parole, employment authorization, change of status, and extensions of nonimmigrant stay. Fraud involving marriage and visas are two of the more frequent ways people lose their permanent resident status.
Immigrants know that marriage to a citizen of the United States is the fastest way to get a green card. Therefore, dishonest people use it as a means of deceitfully obtaining permanent residence. There are numerous types of marriage fraud as identified by the USCIS:
- Someone pays a citizen of the United States to marry a foreigner.
- A citizen of the United States marries a foreigner as a favor.
- A foreign national defrauds a citizen of the United States who thinks their marriage is legal.
- Mail-order unions in which either the U.S. citizen or the foreign partner is aware that the union is fake.
- Visa lottery fraudulent marriages.
Nonimmigrant Visa Fraud
Most foreign nationals seeking a nonimmigrant visa for the United States must show that they have a return trip in mind once their intended programme or activity is complete.
This requirement, known as nonimmigrant intent, calls for the person to have a domicile overseas that they have no plans to leave.
A 90-day rule is used by the U.S. Department of State to assess situations when a nonimmigrant seeks to change status or amend status to permanent resident. The 90-day rule is a kind of guideline that states that if someone breaches their nonimmigrant status or acts in a way that is inconsistent with that status within 90 days of entrance, there is a presumption of fraud.
For instance, it would be against the rules of the visa to enter the country on a B-2 visa with the intention of getting married and then filing Form I-485 to change status.
Not all criminal convictions result in the loss of a person’s status as a lawful permanent resident. There are several criminal offenses that are more likely to result in removal proceedings for a permanent resident (usually violent crimes).
There is no definitive list of crimes that will lead to expulsion. Only a skilled immigration lawyer can evaluate a particular circumstance and offer advice. In general, authorities have the right to deport someone from the U.S. if a person is:
- Found guilty of a crime of moral turpitude and committed within five years after the U.S. admission date or ten years if the person got a green card as a criminal informant and can be punished by a sentence of at least a year.
- Convicted of two or more crimes involving moral turpitude after entering the United States, as long as the crimes weren’t the result of a single misconduct.
- Found guilty of an aggravated felony after entering into the United States.
It should be noted that this is not an exhaustive list of criminal acts that could cause your deportation from the U.S. For certain people, renewing a green card after an arrest can be challenging. Speak with our immigration lawyers about your particular situation by calling us on +1 844 290 6312 or contact us online for immediate assistance.
Living Outside the U.S.
Generally speaking, you will lose your status as a permanent resident when you spend more than 12 months outside the country. In fact, even brief absences have the power to lead to abandonment. Customs and Border Protection (CBP) officials have the authority to initiate removal proceedings against you if they discover upon your return that you intended to reside outside of the country. Removal may also result from failure to submit income taxes to the IRS while residing outside the United States.
Yearly people unintentionally forfeit their green card status when they go back to their country of origin. This is because they may need to attend school, tend their medical needs or even care for a sick family member. Therefore, this leads to the most common way they lose their permanent resident status if they don’t plan or prepare for it rightly.
Failing to Remove Conditions on Residence
On the expiry of their two-year green cards, conditional residents who do not remove the conditions on their residency are typically removable. A two-year conditional green card may have been granted to certain foreign investors or married spouses who came to the United States from abroad.
So, the conditional permanent residents must submit a petition to lift the conditions in order to keep their status as permanent residents. They must file the petition in the 90 days prior to the card expiration. The conditional card is nonrenewable.
Voluntary Abandonment of Green Card
You have voluntarily abandoned your status as a lawful permanent resident of the United States if you have ever submitted Form I-407. Form I-407 (Record of Abandonment of Lawful Permanent Resident Status), is submitted by several thousand people each year.
The primary motivation for submitting Form I-407 is to avoid having to pay the U.S. taxes. To learn more about the long-term effects of their conduct, anyone who chooses to do this should speak with an immigration lawyer and a tax expert. Other former United States immigrants simply decide they want to depart from the U.S. permanently.
Differences Between Deportability and Inadmissibility
The legal terms “deportable” and “inadmissible” are used to describe non citizens where they are prevented from obtaining permanent residency in the U.S or remaining in the U.S. because of certain criminal convictions.
The ability of the U.S. immigration agencies to deport a person from the U.S. is called “Deportability.” While the term “inadmissible” means the authority and capability of the U.S. immigration agencies to forbid a person from being “admitted” into the U.S.
It should be noted that admission to the United States is different from an entry into the United States. This is because someone can be admitted into the U.S. as a permanent resident without re-entering or ever leaving the U.S.
A criminal conviction could trigger the “deportability” and “inadmissibility” depending on the crime. But in other situations, a criminal conviction will just result in “inadmissibility.” When that occurs, “inadmissible” status is only significant if the individual willingly departs the U.S. to visit family (for example) and subsequently makes an attempt to return.
Deportability is often caused by a conviction for any kind of criminal or “aggravated felony.” In the same way, if a non citizen is found guilty of a felony that is classified as a crime of moral turpitude (or “CMT”) and that was committed within 5 years of admission and for which the non citizen could have received a sentence of one year or more, that offense will result in deportation. Furthermore, regardless of when the offenses were committed, deportability will be triggered after two convictions of CMTs.
- Fail to register as sex offender.
- Committed marriage fraud.
- Violated the terms of your visa or were inadmissible at the time of U.S. entry or of adjustment of status.
- Intentionally helped to smuggle a foreigner trying to enter the U.S. within five years of the period of any U.S. entry or before or during that time.
- Had permanent resident status that is conditional. This was applied to certain sons, daughters and spouses of the U.S. citizens, including investors or entrepreneurs with their children and spouses. However, this status has been terminated.
- Have been found guilty of an aggravated felony in the U.S. at any time after admission.
- Got married less than two years before being granted a U.S. green card because of that, then had the marriage terminated or nullified within the following two years.
- Have ever been found guilty of two or more crimes of moral turpitude after entering the United States, as long as the crimes weren’t the result of a single act of misconduct.
- Got convicted of a moral turpitude-related crime that was committed within five years of the date of your admission to the United States. Or ten years if you were given a green card for serving as a criminal informant, and have a minimum one-year prison sentence for offenses.
- Have been convicted for evading an immigration checkpoint at high-speed.
- After entering the United States, found guilty of a drug crime (or a conspiracy to conduct one, or an attempt to do so), whether in the United States or another nation.
- Have imported foreign nationals for immoral reasons or violated certain travel and documentation restrictions.
- Found guilty of illegally buying, selling, possessing or engaging in transactions concerning, destructive devices, weapons or firearms at any time after being admitted into the U.S.
- Have been a drug addict after being admitted to the United States. To be subject to deportation under this law, no actual judicial conviction is required. Evidence on a medical report or the individual’s own admission of drug use may suffice.
- Have violated the Trading With the Enemy Act or the Military Selective Service Act.
- Have a criminal record that includes convictions for at least five years in prison for espionage, sabotage, treason, or sedition, or for conspiring to commit one of those crimes.
- At any time in the U.S. convicted of domestic violence, child abuse, child abandonment or child neglecting and stalking after the U.S. admission.
- Cannot provide written notice of a change of address to U.S. immigration officials within ten days of the transfer, unless you can demonstrate that the delay was excused or not intentional.
- Have violated the provisions of a protective order intended to stop repeated harassment, bodily injury or credible threats of violence.
- Are found guilty of crimes involving fraud and the abuse of visas, permits, and other entry documents, as well as of supplying false information in connection with an obligation to register with U.S. immigration officials.
- Are engaged in, or have conspired to engage in, severe forms of human trafficking within or outside the United States; or you are the trafficker’s spouse, son, or daughter and have, within the past five years, knowingly received financial or additional benefits from the illegal activity.
- Got a final order of deportation for document fraud, forgery, counterfeiting or related violations.
- Your presence in the U.S. could have extremely negative effects on foreign policy.
- Falsely claims to be a citizen of the United States in order to receive an immigration benefit or another type of benefit.
- Have engaged in, or appears to be planning to engage in, terrorist conduct. Or you have incited terrorist activity or are a representative of a terrorist organization or group that encourages or espouses terrorist activity.
- At any time just after admission into the U.S. engage in sabotage, espionage or violations of the law that prohibits export of technology, goods, or sensitive information or other criminal activities that are dangerous to national security or public safety. Or tries to overthrow or control the United States government forcefully, violently of other illegal means.
- Took part in Nazi persecution, genocide, torture, or extrajudicial killings, gravely violated the right to practice one’s religion, or recruited or used child soldier.
- Have voted in defiance of any state, local or federal law. voted against any municipal, state, or federal laws. People who reasonably thought themselves to be U.S. citizens based on parentage are exempt from this rule.
- After five years of entering the U.S. have developed a public charge (reliant on government help based on need) for issues that did not start until after your admission into the U.S.
What Happens to Green Card Holders Who Are Subject to Deportation?
Even if the immigration officials think you can be deported, you won’t be expelled from the country immediately. You are generally entitled to a right of defense in immigration court (unless, for instance, there is an active order of removal in your file). The law may offer a waiver (legal forgiveness) for specific sorts of deportability, which you can request for.
How to Protect Yourself from Deportation
The only immigrants exempt from the deportability criteria are those who have successfully obtained U.S. citizenship. Citizens of the United States cannot be expelled unless they obtained their citizenship or green card fraudulently. Therefore, it’s important to apply for naturalization as soon as you are qualified.
Additionally, if you’re ever detained for a crime, proceed with extreme caution. If admitting to a crime makes you deportable, just agreeing to plead guilty to avoid jail time might not be the best course of action. For help in this matter, you need to speak with both a criminal and an immigration attorney.
Additionally, if you are involved in deportation proceedings or suspect you may be subject to deportation, you should seek legal counsel immediately.
Understanding Lawful Permanent Resident Admission for Naturalization
As a naturalization applicant, you must show in accordance with Section 318 of the Immigration and Nationality Act (INA) that you were lawfully admitted to the United States for permanent residence in conformity with all requirements of the INA that applied at the time of your admission or adjustment.
You must meet these requirements for both your original admission as a lawful permanent resident (LPR) or adjustment to LPR status, as well as for any subsequent reentries into the U.S. Typically, you must present this evidence at the time of filing your naturalization application.
Even if you were admitted as an LPR and in possession of a Permanent Resident Card (PRC) (Form I-551), but your LPR status was not lawfully obtained for whatever reason, regardless of whether there was any fraud or wilful misrepresentation by you, you will be ineligible for naturalization.
Purpose of Travel Outside the United States
Your reason for leaving the country will be taken into consideration when deciding whether or not you abandoned your LPR status. An LPR should typically “have a definite reason for proceeding abroad temporarily.” For instance, you might have taken a little vacation or visited a sick relative while traveling.
Length of Absences from the United States
Although an extended departure from the United States alone does not prove that LPR status has been abandoned, the duration of an extended absence is an essential factor. It becomes increasingly challenging for an LPR to show an intent to return to the United States and live permanently in the country the longer the LPR stays outside the United States.
The LPR’s visit outside the U.S. should terminate within a relatively short period. If unanticipated events result in an unavoidable delay in getting back, the trip keeps its temporary form, so long as the LPR continues to intend to return as soon as the main goal of the visit was achieved. For those residing abroad (outside the U.S.), yearly visit to the United States, does not preserve LPR status.
Intent to Return to the U.S. as an LPR
Your intention to live permanently in the U.S. is the main consideration in deciding whether you abandoned your LPR status. Instead of the duration of time spent abroad, the emphasis is on the intent (as shown by your conduct and objective conditions).
You must have planned on moving back to the U.S. either as your permanent residence, a place of employment, or a location of your business. You must not only have the intention to return to the United States at the time of departure, but also must continue to have this intention during the time of your visit abroad.
Continued Ties to the United States
You should have several ties to the country that shows a desire to live in the U.S. permanently, such as:
- Submitting federal and state income tax returns as an American resident.
- Maintaining a residence and business connections in the US.
- Keeping a driver’s licence with a registered U.S. address.
- Residing U.S. family members (U.S. citizens), LPRs, or who are applying for citizenship or LPR status.
Additionally, USCIS examines if you have any links outside of the United States, such as:
- Family members living in another country that are close to you.
- Property and connections to businesses abroad.
- Voting in elections held abroad.
- Campaigning for office in a foreign nation.
- Occupation with a foreign company or government.
- Frequent and lengthy travel outside of the U.S.
You may raise a rebuttable presumption that you have abandoned your LPR status if you voluntarily claim “nonresident alien” status to be eligible for special exemptions from income tax liability or do not file either state or federal income tax returns because you consider yourself to be a “nonresident alien.”
You may refute that assumption by providing sufficient proof that you didn’t give up your LPR status.
Prove the following to show a persistent intent to maintain your permanent residence status:
- Having family links, such as spouses, school-going children, or other relatives who legally live in the U.S.
- Owning of rentals, real or personal property in the U.S.
- Having a job, education, or training in the U.S. currently or recently.
If you (a non citizen) at the time of your initial entry and admission, or subsequent reentry and admission, were lawfully admitted for permanent residence under the applicable laws (but today wouldn’t be eligible for LPR status due to a change in law) are still regarded as having been lawfully admitted for permanent residence for the purposes of INA 318. However, this will not apply if the relevant law clearly states otherwise.
Between the time you are lawfully admitted for permanent residence and the time USCIS decides on your naturalization application, new case law may alter how the law is implemented.
There may be differences in how new case law is interpreted and applied. In some situations, new case law may cause your admission to be lawful even if it would have been unlawful at the time of the decision (prior to the new case law).
Illegal Immigration Reform and Immigrant Responsibility Act
The amending or addition of grounds for inadmissibility came into effect on September 30, 1996 through the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA).
Prior to the effective date of a certain Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) provision, you are exempted from the new or modified inadmissibility grounds in that provision if you were accepted as an LPR or changed your status to that of an LPR.
Generally speaking, even if the application had been judged to be inadmissible under IIRIRA, if you had been an LPR before September 30, 1996, you would still be regarded as legitimately admitted for permanent residence.
The following are a few of the categories of inadmissible foreign nationals and grounds of inadmissibility that IIRIRA added or modified:
- Student visa abusers.
- non citizens present without admission or parole.
- Failure to attend removal proceeding.
- Certain aliens previously removed.
- Unlawfully present non citizens, including some who did so after prior immigration violations.
- Falsely claiming U.S. citizenship.
INA 245(i) Statutory Sum
For adjustment of status qualification under INA 245(a), you must prove that you have been inspected and paroled or admitted into the U.S. and under INA 245(c) you are not barred from adjustment of status.
If you either entered the U.S. in a particular manner, status or committed a certain act or immigration law violation, the adjustment bars in INA 245(c) may apply to you. However, if you entered the U.S. without admission, parole, inspection or barred from adjusting your status by INA 245(c), you may qualify for status adjustment under INA 245(i).
To qualify under INA 245(i):
- You must be the primary beneficiary (or a beneficiary by descent) of an approved immigrant petition or labor certification application that was filed on or before April 30, 2001.
- Unless you are exempted from paying the sum, you must pay a statutorily required sum.
- You (primary beneficiary) must have been present physically in the U.S. on December 21, 2000, if such labor certification or immigrant petition was filed after January 14, 1998.
The Immigrant Visa Availability at Time of Filing for Adjustment of Status
An immigrant visa must be available to you at the time of filing and final adjudication to be eligible for adjustment of status under INA 245(a).
An immigrant visa must be instantly accessible to the applicant at the time of filing and at the time of final adjudication in order for the applicant to be eligible for adjustment of status under INA 245(a).
Until the Departmenr of State (DOS) allocates the immigrant visa number, an officer may not approve an application for adjustment of status as a preference immigrant.
If a visa was accessible at the time of filing and decision and the officer approved the adjustment of status application, but at the time of adjustment an officer did not ask DOS for the visa number or DOS had not yet assigned a visa number, USCIS considers the applicant to have been lawfully admitted for permanent residence despite the error.
If the officer misidentified the class of admission code at the time of adjustment, but the applicant still had access to an immigrant visa right away, and there was no applicant misrepresentation, USCIS still regards the applicant as having been lawfully admitted for permanent residence. The officer in this situation needs to change the admission code’s class.
Except for specific applications for naturalization based on military service, USCIS may not consider the merits of any naturalization application for an applicant who is undergoing removal proceedings.
An applicant who is the subject of a deportation or removal order is also ineligible for naturalization, with the exception of those applications for naturalization based on military service.
The LPR status of a candidate for naturalization who was not qualified for the adjustment of status to that of an LPR may be revoked, or the candidate may be subject to removal procedures.
The officer is obligated to reject the naturalization application in accordance with INA 318 and INA 316(a)(1) upon the rescission of the adjustment of status or if an administratively final order of removal is issued against the applicant.
Deportable non citizens
If an officer notices that a naturalization applicant is deportable, the Department of Homeland Security (DHS) issues a Notice to Appear (NTA) when issuance would be consistent with established guidelines. The officer should reject the naturalization application when the NTA is submitted to an immigration court on the grounds set forth in INA 318.
Pending Removal Proceedings
USCIS is not authorized to give naturalization to an applicant who is the subject of an ongoing removal proceeding brought about by an arrest warrant, except for applications regarding naturalization based on military service. Except in the 9th Circuit, an NTA serves as a warrant of arrest for the purposes of INA 318.
Final Order of Removal
If you have been subject to a final order of removal from an Immigration Justice (IJ), USCIS will deny you a naturalization application, except:
- You left the country and were later ordered to be deported after being legitimately admitted for permanent residence under a different visa than the one you were initially admitted under.
- The order has been vacated.
- You may qualify for naturalization under INA 329(a) for particular honorable service in the U.S. armed forces, or if you are currently serving, you may qualify under INA 328(a) for naturalization based on such honorable service.
Exceptions to Lawful Permanent Resident Status Requirements
Certain Members of the U.S. Armed Forces
Specific U.S. armed forces members with service under certain conditions are exempted from the requirements of the LPR.
Nationals of the United States
The law offers non citizen U.S. nationals an exemption from the LPR requirement for naturalization. At the moment, those born in American Samoa or Swains Island (two American overseas territories), are regarded as non citizen nationals of the United States.
If a non citizen national of the United States settles in any state and complies with all other pertinent naturalization regulations, he or she may become a citizen without first demonstrating legal admission for permanent residence. These non citizens do not meet the INA’s definition of aliens and do not have Permanent Resident Cards (PRC).
There are different forms of violations that can break the terms of your green card which could make you deportable.
Deportation proceedings can typically be initiated against you when you have committed serious felonies or crimes of moral turpitude. However, you do not get deported instantly as the immigration courts will allow you an opportunity to defend your legal rights.
If you wish to retain your lawful permanent resident status, you should be aware of some factors that can result in its abandonment. We know that you might be confused about the right steps to take to avoid deportation or losing your lawful permanent resident status.
Although criminal lawyers have an obligation to advise you about immigration consequences of pleading guilty, most criminal lawyers do not understand the immigration laws as well as immigration lawyers do. This is why we recommend you reach out to our experienced immigration lawyers for guidance. You can reach out to us on +1 844 290 6312 or contact us online for immediate assistance.
Last modified on May 22nd, 2023 at 3:47 am
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There is a possibility that the USCIS will reject your application if you depart the country without the required travel documentation. You would then need to re-file your paperwork and begin the application procedure.
A U.S. green card holder can travel abroad, but must not stay outside the U.S. for more than a year.
You may leave the US and pursue consular processing to apply for a green card if your visa overstay is less than 180 days. Your spouse must file USCIS Form N-400 to apply for citizenship if your overstay exceeds 180 days.