This is a question that I am being asked frequently by clients who receive their green cards or who are in the process of receiving them, or even are nonimmigrant visa holders
The answer, unfortunately is yes, it is possible.
U.S. law contains a long list of grounds upon which non-citizens or immigrants may be deported (removed) back to their country of origin. See I.N.A. Section 237. It goes far beyond simply deporting people who are in the U.S. illegally. People who have nonimmigrant visas such as H-1bs, L-1s etc. or green cards, though they have certain rights to live and work in the United States long-term, can be deported if they don’t follow certain rules and avoid certain types of legal violations.
Green card holders can end up in trouble for certain issues, some of them being – people who spend 180 continuous days or more outside the U.S., or leave the U.S. during removal proceedings, or have committed a crime, or who engaged in illegal activity outside the U.S., or have other derogatory information in their background which was perhaps missed during the adjudication of their green cards but has come to light now. They can be questioned by U.S. border officials upon their attempted return, and their records checked, to see whether they are or have become inadmissible. (See I.N.A. § 101(a)(13)(C).)
Briefly, a green card holder may be deportable from the U.S. if they:
1. Were not eligible to be granted a green card holder (known as ‘inadmissible at the time of U.S. entry or of adjustment of status’), or violated the terms of a visa, green card, or other status. (Permanent residents who have been absent from the United States for fewer than 180 continuous days usually need not worry about admissibility upon return except if this is a 2nd or 3rd time, or, if they have committed certain crimes).
2. Had conditional permanent resident status (applicable to certain spouses, sons, and daughters of U.S. citizens as well as investor/entrepreneurs, with their spouses, and children) but this status was terminated.
3. Before, during, or within five years of the date of any U.S. entry, knowingly helped smuggle any other alien trying to enter the United States.
4. Committed marriage fraud.
5. Got married less than two years before getting a U.S. green card on that basis, then had the marriage annulled or terminated within the following two years, unless the immigrant can prove that the marriage was not a fraud, meant to evade any provision of the immigration laws.
6. Were convicted of a crime involving moral turpitude that was committed within 5 years after the date of U.S. admission (or 10 years if they received a green card as a criminal informant) and is punishable by a sentence of at least one year.
7. Have been convicted of two or more crimes involving moral turpitude at any time after U.S. admission, where the two crimes did not arise out of a single scheme of misconduct.
8. Have been convicted of an aggravated felony at any time after U.S. admission.
9. Have been convicted of high-speed flight from an immigration checkpoint.
10. Fail to register as a sex offender.
11. Have been convicted of a drug crime (or a conspiracy or attempt to commit one), whether in the U.S. or another country, at any time after U.S. admission. There’s an exception for a single offense involving possession for personal use of 30 grams or less of marijuana.
12. Are, or at any time after U.S. admission have been, a drug abuser or addict. No actual court conviction is needed to be deportable under this section. The person’s own confession to drug use, or evidence on a medical report, could be enough.
13. Have been convicted of illegally buying, selling, possessing, or engaging in other transactions concerning firearms, weapons, or destructive devices, at any time after U.S. admission.
14. Have been convicted of committing, or conspiring to commit espionage, sabotage, treason, or sedition, if punishable by at least five years in prison.
15. Have violated the Military Selective Service Act or the Trading With the Enemy Act.
16. has violated certain travel and documentation restrictions or imported aliens for immoral purposes.
17. Have been convicted of domestic violence, stalking, child abuse, child neglect, or child abandonment, at any time after U.S. admission.
18. Have violated the portion of a protective order that’s meant to stop credible threats of violence, repeated harassment, or bodily injury.
19. Have committed or conspired to commit human trafficking inside or outside the U.S. or has apparently been a knowing aider, abettor, assister, conspirator, or colluder with someone else in severe forms of human trafficking; or who are the trafficker’s spouse, son, or daughter and, within the past five years, knowingly received financial or other benefits from the illicit activity.
20. Failed to advise U.S. immigration authorities, in writing, of a change of address within 10 days of the move, unless the person can prove that such failure was reasonably excusable or not willful.
21. Has been convicted of providing false information in connection with a requirement to register with U.S. immigration authorities or of other violations relating to fraud and misuse of visas, permits, and other entry documents.
22. Have received a final order of deportation for document fraud, forgery, counterfeiting, or related violations.
23. Falsely represents themself as a U.S. citizen in order to gain any immigration or other benefit. An exception is made if the person’s parents (natural or adoptive) are or were U.S. citizens, the person lived in the U.S. before age 16, and the person reasonably believed they were a U.S. citizen.
24. Are engaged, or at any time after admission engages in espionage, sabotage, or violations or evasions of any law prohibiting export of goods, technology, or sensitive information, or in any other criminal activity that is a danger to public safety or national security, or acts in opposition to, or attempts to control or overthrow the U.S. government by force, violence, or other unlawful means.
25. Have engaged in or appears likely to engage in terrorist activity, or has incited terrorist activity, or is a representative a terrorist organization or group that endorses or espouses terrorist activity, or are a member of a terrorist organization (unless the person proves that he had no idea of its terrorist aims), or endorses or espouses terrorist activity or persuades others to do so, or have received military-type training from or on behalf a terrorist organization, or are the terrorist’s spouse or child, if the relevant activity took place within the last five years.
26. By being present in the U.S., would create potentially serious adverse foreign policy consequences, as adjudged by the U.S. Secretary of State.
27. Participated in Nazi persecution, genocide, torture, or extrajudicial killings, severe violations of religious freedom, or recruitment or use of child soldiers.
28. Within 5 years after U.S. entry, have become a public charge (dependent on need-based government assistance) for reasons that did not arise after their U.S. entry.
29. Have voted in violation of any federal, state, or local law. An exception is made for people who, based on parentage, reasonably believed themselves to be U.S. citizens.
What Happens to Immigrants Who Match a Ground of Deportability
Even if the immigration authorities believe that you are deportable, you will not be kicked out of the country right away. In most cases (unless, for example, there is an outstanding order of removal in your file), you have a right to defend your case in immigration court. For some types of deportability, the law might provide a waiver (legal forgiveness) that you can apply for.
Nevertheless, if you do ultimately receive a final order of removal (deportation), you will be sent back to your home country or, if you are stateless, possibly to some other country that agrees to accept you.
How Do I Protect Myself from Being Deported?
Only immigrants who have successfully become U.S. Citizens are safe from the grounds of deportability. It is worth applying to naturalize as soon as one is eligible (bearing in mind that any existing grounds of deportability in your case could not only scuttle your citizenship application but result in loss of your green card). U.S. citizens cannot be removed unless they used fraud to gain their green card or citizenship – this could lead to a process called de-naturalization.
Also, if you are ever arrested for a crime, be extremely cautious about dealing with it. Simply agreeing to plead guilty or even ‘nolo contendre’ to avoid jail time could be the worst possible choice if it means admitting to a crime that makes you deportable. You’ll want to consult both a criminal lawyer and an immigration lawyer for assistance in this situation.
Disclaimer: This excerpt is taken from Nolo.com, published originally on 3/10/2025. For the full article, please visit https://www.nolo.com/legal-encyclopedia/grounds-deportability-when-legal-us-residents-can-be-removed.html. This document contains copyrighted material, the use of which has not been specifically authorized by the copyright owner. I have determined this to be “fair use” of the copyrighted material as referenced and provided for in section 107 of the US Copyright Law
