These days, immigration laws can seem especially confusing, and it is easy for immigrants to worry if they are protected from deportation. Many rumors are flying and it is difficult to ascertain the real story.
At Probinsky & Cole, we are dedicated to working with you to secure your status and protect you under the immigration laws. One question which we hear often is “can I be deported if I hold a green card?” We would like to address that question here today.
Green Card and Work Visa Holders
The following people may be eligible for a green card:
- Immediate relatives of U.S. citizens
- Extended family members in preference categories
- Preferred employees and workers, when their special skills are required for U.S. jobs
- Winners of the green card lotteries, ensuring ethnic diversity
- A green card or work visa may also be available to special immigrants, such as clergy and other religious workers, foreign medical graduates, former employees of the Panama Canal Zone, foreign workers who were longtime employees of the U.S. government, foreign children who have been declared dependent in juvenile courts in the United States, international broadcasting employees, and certain members of the U.S. Armed Forces who enlisted overseas and served 12 years.
A green card offers the right to live and work in the United States indefinitely; and a work visa allows for legal employment and residence. However, even as a green card holding legal immigrant, deportation is possible. However, this cannot happen indiscriminately. There are certain offenses which may allow deportation of green card holders. These offenses include, but are not limited to:
- If you have been outside of the U.S. for more than 180 days, you may not be able to regain access to the country.
- Conditional permanent residents may be deported if they fail to meet the conditions of their residence.
- If you received a green card through marriage, you may be deported if the marriage was terminated or determined to be fraud.
- If you were granted a green card through investment or entrepreneurship, you may be deported if you do not meet the terms of your investment within the specified time period.
- If you help someone enter the U.S. illegally, you may be deported.
- Crimes of moral turpitude (CMTs) are deemed deportable offenses. Unfortunately, a definite delineation of exactly which crimes fall under this classification remains elusive. Still, the following crimes have been found in a court of law to be considered a CMT: murder, voluntary manslaughter, involuntary manslaughter, rape, spousal abuse, child abuse, incest, kidnapping, robbery, aggravated assault, animal fighting, theft, fraud, and
acting as an accessory to a crime. - Aggravated felonies are decided upon a case by case basis by USCIS, and include drug trafficking,
trafficking in firearms or destructive devices, racketeering, money laundering, child pornography and espionage. - Any drug convictions made after the time of admission can be cause for deportation.
- Certain firearm offenses are grounds for deportation. This includes violations for selling, possession and carrying offenses.The list above is not exhaustive. For full information on deportable offenses for green card or work visa holders, check the USCIS website or call an immigration lawyer. If you fear that you may have committed a deportable offense – or are a green card holder need of help in your immigration defense case – call an immigration attorney immediately.Today more than ever, it is important that you do not attempt to fight deportation on your own. Contact our team of immigration lawyers- located in Tampa and Sarasota – if you have any questions, need to obtain a green card, or fear deportation.Don’t wait until the government is on your doorstep – call Probinsky & Cole today.