Can My Permanent Residence Be Taken Away?

Yes, your permanent resident status (green card) can be taken away, but it is not automatic and involves a formal legal process. Losing permanent residency typically happens through removal (deportation) proceedings, and a final decision is made by an immigration judge, not by Immigration and Customs Enforcement (ICE) alone.

Here’s what you need to know:

1. Grounds for Losing Permanent Residency

Permanent residence can be revoked under several conditions, including:

• Criminal convictions, such as aggravated felonies or crimes involving moral turpitude
• Immigration fraud or misrepresentation, including lying on your green card application
• Abandonment of residency, such as staying outside the U.S. for long periods without maintaining ties
• Failure to file required petitions, like not submitting Form I-751 to remove conditions on a 2-year green card
• Security or public safety concerns, including involvement in terrorism, espionage, or similar acts

2. The Role of ICE and Immigration Court

If you are suspected of violating immigration or criminal laws:

• ICE may detain you or issue a Notice to Appear (NTA), beginning removal proceedings.
• You will have the opportunity to present your case before an immigration judge.
• You can be represented by an attorney and present evidence in your defence.

Only an immigration judge can officially order the revocation of your green card and removal from the U.S.

3. You Have Legal Rights

If you are placed in removal proceedings:

• You have the right to a hearing
• You can apply for relief from removal, such as cancellation of removal, asylum (in some cases), or adjustment of status
• You can appeal the judge’s decision if necessary

4. Voluntary Surrender Is Rarely Advised

Some people may be asked or pressured to sign forms giving up their permanent residence. It’s important not to sign anything without legal advice, as doing so may forfeit your right to a hearing.

Conclusion

While permanent residence can be taken away, it is not something that happens easily or without due process. ICE may initiate removal proceedings, but only an immigration judge can officially revoke your status. If you are ever at risk of losing your green card, it’s critical to consult with an experienced immigration attorney to protect your rights and explore all available legal options.