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Can my Green Card be revoked?. Can a Green Card holder be deported from the United States?
The Green Card guarantees to an immigrant the right to live and work permanently in the United States. The Green Card is granted for 10 years, except that spouses of U.S. Citizens are granted a 2-year Green Card of they have been married for less than 2 years.
Previously, the Green Card was granted without conditions even to spouses of U.S. citizens, but Congress changed the law in an attempt to curb marriage fraud. Also, older Green Cards did not have an expiration date.
The right to a Green Card can be revoked by the Federal Government. The main and most common reason for revocation of Green Card and deportation from the United States is the commission of a crime of moral turpitude of an aggravated felony.
There are other grounds for revocation of a Green Card. For example, an immigrant can be placed in removal proceedings if he or she has spent too much time outside the United States. Abandonment of residence is a ground for revocation of lawful permanent resident status.
In all cases, a Green Card holder will have the right to contest the grounds of removal and have a fair trial. The Notice to Appear is the document that contains the allegations against the immigrant, and it is filed with the immigration court.
The court will schedule a first hearing, called master hearing, where the immigrant will be informed of the charges against him, and the court will note any form of relief sought by the immigrant.
At the next hearing, there will be a trial, where both the government attorney and your deportation lawyer will present the case to the Court. If the court enters a deportation order, it must be appealed with the Board of Immigration Appeals within 30 days.
Immigration appeals can be extremely complicated and technical, so that you should carefully pick your lawyer. If the BIA confirms the immigration court ruling, you can still appeal to a U.S. Court of Appeals and seek a stay of deportation while the appeal is pending.
A Green Card is a document that allows its holder to live and work permanently in the United States.
People that reside outside of the United States can apply for a Green Card with a U.S. Embassy abroad, after they received the approval of their petition from the United States Citizenship and Immigration Services.
One of the most common ways to obtain a Green Card is through family reunification. If you are the spouse, child, or sibling of a U.S. Citizen or a Lawful Permanent Resident, you may be entitled to come to the United States with an immigrant Visa.
The process starts with the filing of an I-130 petition by your U.S. relatives with the USCIS. A formal interview will be required for all applicants, except for children age 13 or younger.
Once the petition is approved and the case processed by the U.S. Embassy or Consulate, the immigrant will receive his Green Card, which will allow him or her to live in any of the 50 States and work without restrictions. If the petition is denied, you can file an immigration appeal with the Board of Immigration Appeals.
The Green Card is granted for a period of 10 years, except that the expiration is 2 years for spouses of U.S. citizens and permanent residents that have been married for less than 2 years when the Green Card is granted.
In some cases, the Green Card can be revoked. One common ground is divorce from the sponsoring spouse.
The immigrant can seek a waiver of the joint filing, but only after obtaining a divorce according to the family law rules of the States he or she resides. A divorce can be a very long and complicated matter, and some courts have so many cases pending that slow down the process and create enormous delays.
Another common ground for revocation of Green Card is the commission of a criminal offense.
While not all the offenses will result in the deportation of an immigrant, it is extremely important to be represented by a good criminal defense lawyer that knows the court rules and the law. Sometimes, even if a crime was committed, there may be a legal justification for it which will excuse the accused from punishment.
Revoke Green Card
A Green Card is a document that proves that an immigrant is legally authorized to live and work in the United States. A Green Card is obtained through a family-based or employment-based petition filed by a family member or an employer. Once the petition is approved, the Green Card can be achieved either by Consular Processing or by adjustment of status.
After 5 years of holding a Green Card, it is possible to apply for naturalization as a U.S. citizen.
Can the USCIS revoke Green Card status? Yes, in certain circumstances.
First, a Green Card can be revoked if it was obtained with fraud. Fraud can take place in many different ways, such as marriage fraud or document fraud.
Second, a criminal conviction for a serious crime can lead to removal proceedings and revocation of lawful permanent residency.
Finally, there could be involuntary loss and revocation of the Green Card, if the immigrant spends more than 1 year outside the United States and does not have a re-entry permit
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— US Visa Investors (@visa_investors) 5 de abril de 2016
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