Can a Green Card Holder be Deported for a Misdemeanor?
As a green card holder, you have been granted permanent residence in the United States, but this does not mean you are immune to deportation. While the likelihood of deportation is higher for non-citizens who have committed serious crimes, even a misdemeanor conviction can lead to deportation proceedings. In this article, we will explore the circumstances under which a green card holder can be deported for a misdemeanor and what you can do to protect your status.
What is a Misdemeanor?
Before we dive into the details, it’s essential to understand what a misdemeanor is. A misdemeanor is a criminal offense that is punishable by a fine, imprisonment for a period of less than one year, or both. Misdemeanors are typically considered less severe than felonies, which are punishable by imprisonment for more than one year.
Can a Green Card Holder be Deported for a Misdemeanor?
The answer is yes, a green card holder can be deported for a misdemeanor. The Immigration and Nationality Act (INA) allows the government to deport non-citizens who have committed certain crimes, including misdemeanors. Section 237(a)(2)(A) of the INA states that a non-citizen who has been convicted of a crime involving moral turpitude, or a crime that is a felony or a misdemeanor punishable by more than one year in prison, can be deported.
Types of Misdemeanors that can Lead to Deportation
Not all misdemeanors are created equal. Some misdemeanors are more likely to lead to deportation than others. Here are some examples of misdemeanors that can lead to deportation:
• Domestic Violence: Misdemeanor convictions for domestic violence, including assault, battery, and stalking, can lead to deportation.
• Drug-Related Offenses: Misdemeanor convictions for drug-related offenses, including possession, distribution, and trafficking, can lead to deportation.
• Theft and Property Crimes: Misdemeanor convictions for theft, burglary, and other property crimes can lead to deportation.
• Public Intoxication: Misdemeanor convictions for public intoxication can lead to deportation.
Factors that Determine Deportability
While a misdemeanor conviction can lead to deportation, there are several factors that the government must consider before initiating deportation proceedings. These factors include:
• Circumstances of the Crime: The government must consider the circumstances surrounding the crime, including whether the crime was committed in a public place, whether it involved violence or threats of violence, and whether it was committed against a vulnerable individual.
• Intent of the Non-Citizen: The government must consider the intent of the non-citizen at the time of the crime, including whether the crime was committed with the intent to harm others or to gain an advantage.
• Prior Criminal History: The government must consider the non-citizen’s prior criminal history, including whether they have a history of criminal activity.
Consequences of Deportation
If a green card holder is deported for a misdemeanor, they will be removed from the United States and may face significant consequences, including:
• Loss of Permanent Residence: A green card holder who is deported will lose their permanent residence status and will be required to apply for a new visa if they wish to return to the United States.
• Ineligibility for Future Visas: A green card holder who is deported may be ineligible for future visas, including tourist visas, student visas, and work visas.
• Loss of Property and Assets: A green card holder who is deported may be required to sell their property and assets in the United States.
What to Do if You are Facing Deportation
If you are a green card holder who is facing deportation for a misdemeanor, it is essential to seek legal advice from an experienced immigration attorney. Here are some steps you can take to protect your status:
• Seek Legal Advice: Consult with an experienced immigration attorney who can help you understand your options and develop a strategy to protect your status.
• Gather Documentation: Gather documentation related to your crime, including police reports, court records, and witness statements.
• Show Good Moral Character: Show that you have good moral character by demonstrating that you have not engaged in any further criminal activity and that you are committed to your community.
• Apply for Cancellation of Removal: If you have been a green card holder for at least five years and have not been convicted of any crimes other than the misdemeanor for which you are facing deportation, you may be eligible to apply for cancellation of removal.
Conclusion
While a green card holder can be deported for a misdemeanor, there are steps you can take to protect your status. If you are facing deportation, it is essential to seek legal advice from an experienced immigration attorney and to gather documentation related to your crime. By understanding the factors that determine deportability and the consequences of deportation, you can take steps to protect your status and avoid removal from the United States.
Table: Types of Misdemeanors that can Lead to Deportation
| Misdemeanor | Description | Deportation Risk |
|---|---|---|
| Domestic Violence | Assault, battery, and stalking | High |
| Drug-Related Offenses | Possession, distribution, and trafficking | High |
| Theft and Property Crimes | Theft, burglary, and other property crimes | Medium |
| Public Intoxication | Public intoxication | Low |
Bullets List: Factors that Determine Deportability
• Circumstances of the Crime
• Intent of the Non-Citizen
• Prior Criminal History
• Severity of the Crime
• Impact on the Community
Bullets List: Consequences of Deportation
• Loss of Permanent Residence
• Ineligibility for Future Visas
• Loss of Property and Assets
• Separation from Family and Friends
• Difficulty Re-Entering the United States
