Losing Permanent Residency – Deportable Acts

A person who has permanent residency may find their status at risk if they commit a deportable criminal act that falls into one of the categories of inadmissibility, and then by traveling outside of the U.S. for more than 180 days. Upon return, that person may face deportation charges.

Partial List of Deportable Offense under 8 U.S. Code § 1227:

If convicted of a crime for which a sentence of one year or longer.

Convicted of multiple criminal counts.

Convicted of a aggravated felony.

Convicted of a high speed flight.

Failure to register as a sex offender.

Any alien who is convicted under section 2250 of title 18 is deportable.

Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21), other than a single offense involving possession for one’s own use of 30 grams or less of marijuana, is deportable.

Convicted of certain firearm offenses.

Miscellaneous crimes:

Any alien who at any time has been convicted of, or has been so convicted of a conspiracy or attempt to violate—
(i) any offense under chapter 37 (relating to espionage), chapter 105 (relating to sabotage), or chapter 115 (relating to treason and sedition) of title 18 for which a term of imprisonment of five or more years may be imposed;
(ii) any offense under section 871 or 960 of title 18;
(iii) a violation of any provision of the Military Selective Service Act (50 U.S.C. App. 451 et seq.) or the Trading With the Enemy Act (50 U.S.C. App. 1 et seq.); or
(iv) a violation of section 1185 or 1328 of this title,
is deportable.
(E) Crimes of domestic violence, stalking, or violation of protection order, crimes against children and
(i) Domestic violence, stalking, and child abuse
Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. (ii) Violators of protection orders:
Any alien who at any time after admission is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is deportable. (F) Trafficking.

Right To Due Process

One cannot lose the status without an opportunity of a hearing before an immigration judge. Permanent residency cannot be taken away casually by an immigration officer refusing to allow admission into the country or by a Consular officer taking away a person’s proof of permanent residency (green card). If this should happen, see a lawyer who specializes in immigration law immediately.

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