Permanent Residency May Not Be As Permanent As You Might ThinkAlthough a permanent residency grants an individual a lot of rights that are available to American citizens, it is not as permanent as many people might think. There's a major misconception about the permanent residency, and many people believe it's the same as citizenship with the exception of ineligibility to vote or serve for jury duty. But that's not true. A permanent residency is a privilege, not a right, and that privilege can be revoked under certain circumstances. There are many mistakes people make that can easily have their green card revoked. A green card residency can be revoked for committing a crime, providing fraudulent information when applying for permanent residency, or failing to maintain the resident status.
A green card holder traveling abroad may discover his or her green card has been revoked when attempting to re-enter the United States. But that doesn't necessarily mean they are automatically kicked out of the country. All green card holders are entitled to judicial review of the revocation of their permanent residency, and they may have an opportunity to have their green card reinstated.
Gather Evidence to Support Your Claim to Green Card Permanent ResidencyRegardless of the grounds for revocation, all green card holders may be given an opportunity to reclaim their permanent residency. It is critical during this time to gather as much evidence as possible. An immigrant with a revoked green card should at minimum be able to demonstrate that he or she:
- Never intended to abandon or surrender the residency
- Abides by all U.S. laws
- Is an upstanding member of the society
Stay of Deportation and Cancellation of RemovalDeportation (also known as removal) is the process of expelling an immigrant from the United States. It can be very difficult to fight an immigration case from outside the U.S. and can cause tremendous stress to the immigrants and their families. There are certain actions an immigrant can take while in the U.S. that can help delay deportation or even cancel removal.
- Immigrants have the option to ask for their deportation to be postponed by filling out the application for a stay of deportation or removal. This will put a temporary suspension of the case and postpone a scheduled deportation. This should give an immigrant enough time to prepare an appeal.
- File for an appeal with the Board of Immigration Appeals (BIA). The BIA is the presiding body for all immigration appeals and deportation hearings. While the appeal is under review, a person awaiting deportation can be held in custody or allowed to be released on bond. A separate bond hearing will be held to make this determination.
- Apply for cancellation of removal. Cancellation of removal is a special form of relief for immigrants that have held a green card for at least five years, have been living in the United States continuously, and lawfully, for at least seven years, and have not been convicted of an aggravated felony.
Get Proper Help from an Immigration Lawyer If Green Card Is RevokedImmigration law is complicated and many people try the DIY (do it yourself) approach. While this might be cost effective when dealing with simple matters such as filing for visa extensions or replacing I-94 forms, it's not worth the risk when dealing with complicated issues such as revocation of permanent residency or deportation proceedings. Competent immigration lawyers know the complex nature of immigration laws, and they know how to help immigrants with revoked green card.