Yes, a green card holder can be deported. Permanent residence is permanent only as long as you do not violate the conditions in U.S. immigration law. Most deportation cases against permanent residents involve a criminal conviction, but some do not involve any crime at all. This guide lists the offenses and other grounds that can make a green card holder deportable, explains when a misdemeanor or a no contest plea can be enough, and outlines the defenses that may be available.
If you or a family member has been arrested or charged, speak with an immigration attorney before accepting any plea. Once a conviction is entered, the options become far more limited. Our deportation defense lawyers in the Atlanta area work with criminal defense counsel to protect clients’ immigration status.
Can a Permanent Resident Be Deported?
Yes. The Immigration and Nationality Act (INA) lists the grounds of deportability in Section 237 (8 U.S.C. § 1227). They apply to every noncitizen who has been admitted to the U.S., including permanent residents and people who were granted asylum or refugee status. Only U.S. citizens cannot be deported.
A green card is not taken away automatically. The government must start removal proceedings in immigration court and prove, by clear and convincing evidence, that you are deportable. An immigration judge then decides whether you must leave or whether you qualify for a defense or relief that lets you keep your green card.
List of Deportable Offenses for Green Card Holders
The criminal grounds of deportability fall into five main groups:
| Category | Examples | When it makes you deportable |
|---|---|---|
| Aggravated felonies | Murder, rape, sexual abuse of a minor, drug trafficking, firearms trafficking, certain theft, burglary and violent crimes, fraud with losses over $10,000 | A conviction at any time after admission |
| Crimes involving moral turpitude | Theft, fraud, forgery, many assaults with intent to harm, certain sex offenses | One offense within 5 years of admission that can carry a sentence of 1 year or more, or two offenses at any time |
| Controlled substance offenses | Possession, sale, distribution, paraphernalia | Almost any drug conviction, except a single offense of possessing 30 grams or less of marijuana for personal use |
| Firearms offenses | Illegally buying, selling, carrying or possessing a firearm | A conviction at any time after admission |
| Domestic violence offenses | Domestic violence, stalking, child abuse, child neglect or abandonment, violating a protection order | A conviction at any time after admission; a protection order violation can count even without a criminal conviction |
Aggravated Felonies
“Aggravated felony” is an immigration law term, and it is much broader than its name suggests. An offense does not need to be a felony, or aggravated, under state law to qualify. For example, a theft or a crime of violence counts as an aggravated felony if the sentence is one year or more, and that includes a sentence that is suspended or served on probation. An aggravated felony conviction is the most serious category: it makes you deportable and bars most forms of relief, including cancellation of removal and asylum.
Crimes Involving Moral Turpitude
Immigration law does not define “moral turpitude” precisely. Courts describe it as conduct that is inherently base, vile or depraved, and it usually involves dishonesty (such as theft, fraud or forgery) or an intent to cause serious harm. A permanent resident becomes deportable for:
- One crime involving moral turpitude committed within five years of admission, if the offense can carry a sentence of one year or more, or
- Two or more such crimes at any time after admission, unless they arose from a single scheme of misconduct.
Whether an offense involves moral turpitude is decided under immigration law, by looking at the elements of the criminal statute you were convicted under, not by the prosecutor or the criminal judge. Two convictions with similar facts can have very different immigration consequences depending on the exact statute.
Drug Offenses
Nearly any conviction relating to a controlled substance makes a permanent resident deportable, including simple possession and paraphernalia. The only exception is a single offense of possessing 30 grams or less of marijuana for personal use. Being a drug abuser or addict is also a separate ground of deportability, even without a conviction. Drug trafficking is also an aggravated felony.
Firearms Offenses
A conviction for illegally purchasing, selling, offering for sale, exchanging, using, owning, possessing or carrying a firearm or destructive device makes a permanent resident deportable. Firearms trafficking is also an aggravated felony.
Domestic Violence, Stalking and Child Abuse
A conviction for a crime of domestic violence, stalking, or child abuse, neglect or abandonment makes a permanent resident deportable. Domestic violence includes violent crimes against a current or former spouse, a co-parent, a person you live or lived with as a spouse, and others protected under domestic violence laws. Separately, if a court finds that you violated the part of a protection order that protects against violence, threats or harassment, you can be deportable even if you were never convicted of a crime.
Can a Green Card Holder Be Deported for a Misdemeanor?
Yes. Immigration law looks at the offense and the sentence, not at whether the state calls it a misdemeanor or a felony. Misdemeanors that can lead to deportation include drug possession, domestic violence (called family violence in Georgia), stalking, violating a protection order, and theft or other crimes involving moral turpitude.
This is especially important in Georgia, where a misdemeanor can carry a sentence of up to 12 months. That meets the one-year threshold for crimes involving moral turpitude, so a single misdemeanor shoplifting conviction within five years of admission can make a permanent resident deportable. If the judge imposes a 12-month sentence for a theft offense, even a probated one, it may also be treated as an aggravated felony. Read more about how criminal charges affect immigration status in Georgia.
Can a Permanent Resident Be Deported for a Felony?
Often, but not always. A felony conviction makes you deportable only if it falls into one of the categories above. Many felonies do, and some are aggravated felonies, which carry the harshest consequences. But some felonies, such as certain driving offenses, may not fall into any deportable category. Because the answer depends on the exact statute and sentence, an attorney should review the charge before you decide how to plead.
Does a No Contest Plea, First Offender or Deferred Sentence Count?
Usually, yes. Immigration law has its own definition of a “conviction.” It includes a formal judgment of guilt, and it also includes cases where the court withheld or deferred a judgment if you pleaded guilty or no contest, or admitted enough facts to support a finding of guilt, and the judge ordered some form of punishment, such as probation, a fine or classes.
That means a Georgia First Offender plea generally counts as a conviction for immigration purposes, even after the sentence is completed and the record is discharged. Pretrial diversion programs that do not require a guilty or no contest plea may avoid a conviction, depending on how they are structured.
An arrest or a charge on its own is generally not a ground of deportation. However, an arrest can lead to an ICE detainer, and it can affect later applications such as naturalization.
Can You Be Deported With a Green Card and No Criminal Record?
Yes. Several grounds of deportability do not require a criminal conviction, including:
- Fraud or misrepresentation to get your green card or visa, or being inadmissible when you got your green card.
- Marriage fraud, meaning a marriage entered into to obtain immigration benefits.
- A false claim to U.S. citizenship, for example on an employment form or a voter registration.
- Voting in an election that is limited to U.S. citizens.
- Helping someone enter the U.S. illegally, even a family member.
- Termination of conditional residence, for example when a conditional resident does not file Form I-751 on time.
- Failing to report a change of address to USCIS within 10 days of moving, unless you show the failure was not willful.
- Drug abuse or addiction, even without a conviction.
Separately, long absences from the U.S. can lead the government to argue that you have abandoned your permanent residence. An absence of a year or more without a reentry permit generally means you can no longer use your green card to return.
Risks When Traveling or Applying for Citizenship
Two common situations bring an old conviction to the government’s attention:
- Returning from a trip abroad. A permanent resident who has committed certain offenses can be treated as seeking a new admission at the border and may be found inadmissible, even if the offense would not make them deportable.
- Applying for naturalization. USCIS reviews your full criminal history on Form N-400. If it shows a deportable offense, USCIS can deny the application and refer you to immigration court.
If you have any arrest or conviction, have an attorney review your record before you travel or apply for citizenship.
Defenses and Relief From Deportation
Being charged as deportable does not always mean you will be deported. Depending on your history, options may include:
- Challenging the charge. Arguing that the conviction does not actually fall into the deportable category the government claims, which often turns on the exact wording of the criminal statute.
- Cancellation of removal for permanent residents. Available to those who have been permanent residents for at least five years, have lived continuously in the U.S. for seven years after being admitted in any status, and have no aggravated felony conviction. Certain offenses can stop the seven-year clock early.
- Waivers, such as a waiver of certain criminal grounds for people with qualifying U.S. citizen or permanent resident relatives.
- Asylum, withholding of removal or protection under the Convention Against Torture for people who fear persecution or torture in their home country.
- Post-conviction relief. Asking the criminal court to vacate the conviction because of a legal defect, such as a defense lawyer who failed to warn you about deportation before you pleaded. A conviction vacated only to avoid immigration consequences generally still counts.
Criminal defense lawyers have a constitutional duty to advise noncitizen clients about the deportation risk of a plea (Padilla v. Kentucky, 2010). Still, the safest approach is to involve an immigration attorney before any plea is entered.
Talk to a Deportation Defense Lawyer
Whether you are facing criminal charges, preparing to travel or apply for citizenship with an old conviction, or have already received a Notice to Appear, BCA Law Firm can review your situation and explain your options. Contact us to schedule a consultation with our deportation defense team.
