What Are the Common Ways to Lose Your Green Card and Permanent Resident Status?

There are many ways to lose your Green Card and Permanent Resident Status. Professionals from Tadeo & Silva Immigration Attorneys explain more. Call us now!

Residing Outside the United States

Deportation can be triggered if you live outside the country for more than 12 months. Several shorter absences can also lead to deportation.

Consequently, you must convince Customs and Border Protection officers that you intend to remain in the United States when re-entering the country.

A failure to persuade the authorities of your intentions may result in deportation proceedings. You might also trigger abandonment cancellation proceedings if you fail to file your income tax returns with the Internal Revenue Service.

Many people unwittingly trigger the cancellation of their green cards when they travel abroad for a long period. However, this is simple to prevent. The re-entry permit is required for permanent residents who plan on leaving the country for a prolonged period of time. Re-entry permits are usually valid for two years.

There are certain exemptions for US government personnel and their families who hold lawful permanent resident status while residing abroad for official overseas assignments or commissions.

Exceptions also apply for permanent residents with “commuted status” who have green cards and work in the United States but reside in Canada or Mexico.

Fraud and Willful Misrepresentation

Someone commits fraud when they lie to obtain immigration benefits of any type. Under the immigration laws of the U.S., any untruthful assertions or representations of facts may result in serious immigration issues and the eventual loss of permanent resident status.

Fraud may occur during the documents’ preparation, the submission of evidence, and the interview and other information communication between the applicant and the immigration authority.

The US Citizenship and Immigration Services assess the possibility of fraud when extending immigrant visas, adjusting status, obtaining work authorization, and granting parole.

Fraudulent marriages and fraudulent visas are two common ways green card holders lose their permanent residence status.

Marriage Fraud

Marriage has long been a target of fraud since marrying a US citizen is one of the fastest ways to get a green card. Consequently, dishonest people exploit it to deceptively obtain permanent residency. Marriage fraud may take several forms. USCIS has recognized the following kinds of marriage fraud:

• Someone pays an American citizen to marry them

• A foreign national defrauds an American citizen who thinks their marriage is valid

• A US citizen marries an immigrant as a favor to help a foreign national obtain permanent resident status

• Mail-order weddings (where either the US citizen or the immigrant knows that the marriage is fraudulent)

Non-Immigrant Visa Fraud

Most foreign nationals seeking a non-immigrant visa to the United States must establish that they intend to return home upon completing their chosen program or activity. This requirement, known as non-immigrant intent, requires the applicant to have a foreign domicile that they do not intend to relinquish.

The US Department of State evaluates situations where a non-immigrant tries to change or adjust status to immigrant status using a 90-day rule. Within 90 days of admission, there is a presumption of fraud if an individual breaches their non-immigrant status or participates in behavior inconsistent with that status.

For instance, visiting the United States on a B-2 visa to get married and completing Form I-485 to change status would violate the provisions of the visa.