Can Lawful Permanent Residency (LPR) Be Revoked?

I-485 Application to register permanent residence or adjust status form and green card

Obtaining a Green Card grants immigrants Lawful Permanent Resident (LPR) status in the United States, providing them with the right to live and work in the country indefinitely. However, this status is not unconditional and can be revoked under specific circumstances. Understanding the grounds for LPR revocation is crucial to maintaining your residency status.

Grounds for LPR Revocation

  1. Abandonment of Permanent Residency
    • LPRs must maintain continuous residence in the U.S. Extended stays outside the country (typically over 6 months) without a re-entry permit or a valid reason can lead to the presumption of abandonment.
    • Filing taxes as a non-resident or declaring oneself a non-immigrant in official documents can also trigger abandonment concerns.
  2. Criminal Convictions
    • Certain crimes, such as aggravated felonies, drug offenses, fraud, or crimes involving moral turpitude, can make an LPR removable from the U.S.
    • Convictions that violate immigration laws can lead to deportation and loss of residency status.
  3. Engaging in Fraud or Misrepresentation
    • If an individual obtains a Green Card through fraudulent means, such as a fake marriage, misrepresentation on applications, or fraudulent employment sponsorship, their LPR status can be revoked.
    • U.S. Citizenship and Immigration Services (USCIS) can initiate removal proceedings upon discovery of fraud.
  4. Failure to Remove Conditions on a Conditional Green Card
    • Conditional residents (such as those who obtained a Green Card through marriage) must file Form I-751 to remove conditions within the required timeframe. Failure to do so can lead to revocation of status.
  5. Engaging in Activities Against U.S. National Security
    • Supporting terrorist organizations, espionage, or other national security threats can result in immediate revocation of LPR status and deportation.

How to Protect Your LPR Status

  • Limit Travel Abroad: Avoid prolonged stays outside the U.S. and obtain a re-entry permit if travel over six months is necessary.
  • Follow U.S. Laws: Stay informed about laws that could affect your immigration status, and avoid criminal activities.
  • Report Changes to USCIS: Keep your address updated with USCIS and follow all reporting requirements.
  • Seek Legal Assistance: If you are facing criminal charges or other issues that could impact your status, consult an immigration attorney immediately.

What to Do If Your LPR Status is at Risk?

If you receive a Notice to Appear (NTA) for removal proceedings, it is crucial to act quickly. Defenses against deportation may include:

  • Waivers for certain offenses
  • Asylum claims
  • Cancellation of removal for LPRs

Need Immigration Help?

At Visa Immigration Pro, we assist clients in maintaining and protecting their Green Card status. If you are concerned about potential LPR revocation, contact us today for expert guidance.

Picture of Crystal Ikanih-Musa
Crystal Ikanih-Musa

Crystal Ikanih-Musa, Esq. is an international law attorney and International Development professional. She has immense experience working with the Federal Governments in the US and Nigeria.

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