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What Crimes Can Get A Green Card Holder Deported?

Quick Recap:

Deportation of green card holders can happen for certain crimes, including aggravated felonies and offenses involving moral turpitude, and can leave you deported from the U.S. These charges can affect future immigration benefits and even block citizenship. Knowing what actions carry consequences and acting quickly with legal help can protect your status and future in the U.S.

Living in the United States as a lawful permanent resident comes with enormous opportunities. A green card allows you to build a life here, work, raise a family, travel, and eventually, if you choose, apply for citizenship.

But this privilege is not without conditions. A criminal conviction, even one that seems minor, can trigger removal proceedings and threaten your ability to stay in the country. Knowing which crimes carry immigration consequences is a step in protecting your legal status.

Talk with deportation attorneys in Austin to protect your green card today.

Why Good Moral Character Matters

You may hear the term “good moral character” in immigration contexts and wonder what it really means. It’s more than just being a generally decent person. It’s a specific standard that can determine whether you’re eligible for future benefits like citizenship or cancellation of removal.

When you apply to become a U.S. citizen, you’ll need to show good moral character over a specific period, usually the past five years. If you’ve committed certain offenses during that time, you may face denial of your application.

Immigration officials also weigh moral character in many other situations, including deportation defense. It’s not just about convictions. Failing to file taxes, giving false statements in immigration interviews, or being arrested for suspicious activity can raise red flags.

USCIS looks at patterns, not just isolated mistakes. So keeping your record clean and being honest in all immigration matters is essential.

Crimes That Can Lead To Be Deported

Explore the categories of crimes that can put green card holders at risk of being deported. Not every charge results in removal, but some carry immediate consequences under immigration law.

Crimes Involving Moral Turpitude

This legal phrase may sound vague, but it refers to acts that violate widely accepted standards of honesty or decency. Common examples include theft, fraud, or violent behavior.

If a green card holder receives a conviction for a crime involving moral turpitude (CIMT), deportation may follow. It’s possible when the offense happened within five years of entering the U.S., and a sentence of one year or more.

A second CIMT conviction, even years later and for a different offense, also increases your risk. It doesn’t have to involve extreme violence. Even “petty theft” can fall under this category, depending on the circumstances.

That’s why it’s so important to get legal advice quickly if you’re arrested or charged.

Aggravated Felonies Under Immigration Law

Aggravated felonies are a specific group of offenses that carry the most serious immigration consequences. These crimes include murder, rape, drug trafficking, weapons violations, sexual abuse of a minor, and major fraud involving over $10,000.

But immigration law defines “aggravated felony” more broadly than many state criminal codes. So some offenses that wouldn’t seem serious under local law can still qualify.

An aggravated felony conviction usually blocks any chance at citizenship and sharply limits your legal defenses in immigration court. It can result in near-automatic deportation, without the possibility of relief or appeal, and a permanent bar on returning to the U.S.

If you’re facing any serious criminal charges, you must know how they align with immigration law, not just criminal law.

Drug Offenses Are Not Always Forgiven

Possessing or distributing controlled substances is one of the most common reasons permanent residents end up in being deportated proceedings. Drug offenses that involve trafficking, conspiracy, or even simple possession can carry life-changing immigration consequences.

There is one narrow exception for first-time possession of a small amount (30 grams or less) of marijuana for personal use. But even that isn’t guaranteed protection.

Any arrest or conviction for a drug-related offense should prompt you to speak with an immigration lawyer immediately. Timing, the exact charge, and case resolution all matter when it comes to preserving your status.

Firearm-Related Convictions

Gun laws vary from state to state, but under federal immigration law, firearm offenses can be a basis for deportation. Even if the charge seems relatively minor, such as unlawful possession or improper registration, USCIS may view it very differently.

Charges related to selling, transporting, or using firearms during a crime almost always create serious problems for green card holders.

Domestic Violence & Protective Order Violations

If you have a conviction for domestic violence, stalking, child abuse, or protective order violation, consequences may follow quickly. These charges are taken very seriously under U.S. immigration law.

If the alleged victim is your spouse, partner, or your child’s parent, the government may move to revoke your permanent resident status. These often carry additional legal and emotional complications, so you must seek professional help early.

Fraud, False Claims, & Immigration Misconduct

Honesty matters. If you lie on immigration applications or present false documents, it can result in both criminal charges and removal. It includes marriage fraud, fake sponsorships, forged birth certificates, or claiming U.S. citizenship when you’re not entitled to it.

The issues are often discovered years later during naturalization interviews or background checks. At that point, even long-time green card holders can face deportation.

Crimes Against National Security

Activities that raise national security concerns, including espionage, terrorism, or sabotage, are grounds for removal. Even being suspected of participating in or supporting such acts can trigger deportation.

Political affiliations or activism connected to groups under government scrutiny may also be examined. If you have involvement in such situations, even indirectly, you must get legal advice before acting.

Violent Crimes & Repeat Offenses

Violent crimes have a broad definition in immigration law and can include anything from assault to robbery or gang activity. A single conviction, if it involved a weapon, resulted in serious harm. If the crime is a part of a larger pattern, it can be enough to begin deportation proceedings.

USCIS also considers how the crime was charged and resolved. Even if you accepted a plea bargain to avoid jail time, the underlying facts of the case may still influence the outcome.

Further, if you already have a criminal history, one more conviction, even if unrelated, can tip the scale against you.

Juvenile Offenses Can Affect Adults

You might think that something you did as a teenager won’t matter now. But juvenile offenses can carry immigration consequences, especially if they were handled in adult court.

While juvenile records don’t always count as formal convictions, they are still subject to review during immigration proceedings. Sealed or expunged records can sometimes be accessed and evaluated by USCIS.

Offenses involving violence, drugs, or dishonesty, even if committed under the age of 18, can raise concerns. Immigration officials often look at the bigger picture. It includes patterns of behavior, efforts at rehabilitation, and ongoing risk to public safety.

Providing context and demonstrating growth can make a difference, but you’ll need legal help to frame your story effectively.

Immigration Fraud Can Hurt Your Status

Some may not realize they’ve committed immigration fraud until they receive a denial letter or a Notice to Appear in immigration court. Misstatements on forms, omitted information, or using someone else’s documents all fall under this category, even if unintentional.

What makes these cases tricky is that immigration authorities don’t need a criminal conviction to act. An administrative finding of fraud alone can be enough to revoke your green card. Sometimes, waivers are available, but only after meeting strict conditions.

Waivers typically require showing that your removal would cause extreme hardship to a U.S. citizen relative. It’s a complex process that requires a strong legal case.

Is There Any Way To Fix Past Convictions?

Yes, but it’s not easy. If your deportation is based on a past criminal conviction, there are legal tools that might offer a second chance. Talk to your attorney to find clarity on your case.

Post-conviction relief includes appealing the original conviction, having the case vacated due to a legal error, or obtaining a writ of coram nobis. Texas allows expungement or sealing of records, but it depends on the situation and the nature of the conviction.

These efforts work best when there is a constitutional flaw in your case. It includes poor legal advice about immigration consequences or a rushed plea without a proper understanding.

Immigration courts tend to reject last-minute efforts that appear motivated only by a desire to stay in the U.S.

Get Legal Advice Early To Know Your Options

Being a green card holder comes with responsibilities and risks, especially when criminal charges are involved. If you are facing a legal issue that might impact your immigration status, don’t wait for a Notice to Appear. The earlier you act, the more options you’ll have.

Even a single mistake can lead to consequences that last a lifetime. But with the right legal strategy, it’s possible to protect your status, fight removal, or explore alternate forms of relief.

If you’re worried about how a criminal case could affect your green card, we’re here to help. At Lincoln-Goldfinch Law, we take the time to listen, assess your situation, and explain your legal options clearly.

If you need to protect your status or fight for your right to stay, meet with our team today. We’ll keep the consultation confidential and only take a few minutes.

About the Author: Kate Lincoln-Goldfinch

I am the managing partner of Lincoln-Goldfinch Law. Upon graduating from the University of Texas for college and law school, I received an Equal Justice Works Fellowship in 2008, completed at American Gateways. My project served the detained families seeking asylum. After my fellowship, I entered private immigration practice. My firm offers family-based immigration, such as green cards and naturalization, deportation defense, and humanitarian cases such as asylum, U Visa, and VAWA. Everyone at Lincoln-Goldfinch Law is bilingual, has a connection to our cause, and has demonstrated a history of activism for immigrants. To us, our work is not just a job.
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