According to immigration law, any Lawful Permanent Resident (LPR, or a green card holder) with a criminal record cannot be denied re-entry to the United States. He or she will instead be referred to an immigration hearing to determine whether they are deportable. However, this does depend on the certain crime they have been convicted of – and whether it occurred in the U.S. Crimes may include murder, smuggling, trafficking, drug-related offenses, theft, marriage fraud, falsification of documents, failure to maintain nonimmigrant status, and the like.
Upon deportability, both their resident status will be terminated and their green card will be revoked. In the future, the foreign national will not be granted permission to re-enter the U.S. unless he or she has an approved Waiver of Inadmissibility (Form I-192).
Though they must be determined to be not deportable, they must also be not inadmissible. Grounds for inadmissibility may include abandoning nonimmigrant status, breaking laws abroad and even staying outside the U.S. for 180 days or more.
When the LPR is determined not to be deportable and not inadmissible, they’ll be granted a re-entry permit which allows them to remain in the U.S. for two years.
Legal Grounds for Removal
Chapter 4, Act 237 of the Immigration and Nationality Act (INA) contains the legal grounds for revoking LPR status. As such, deportability may therefore be determined based on whether the non-U.S. citizen currently is, or has been (at any time after admission to the U.S.) found guilty of the following crimes:
- Recent revocation of a nonimmigrant visa
- Failure to maintain nonimmigrant status used to enter the U.S.
- Failure to maintain the status to which it has been changed
- Failure to comply with the terms conditions set by the Secretary of Health and Human Services
- Termination of a conditional permanent resident status
- Trafficking
- Smuggling of migrants
- Money laundering
- Marriage fraud
- Aggravated felony
- High speed escape from an immigration checkpoint
- Drug abuser or drug addict
- Dealing of drugs
- Firearm offense(s)
- Conspiracy
- Assault and battery
- Domestic violence
- Child abuse
- Stalking
- Theft
- Rape
- Violation of a protection order
- Failure to register certain required documents
- Falsification of documents
- Other document fraud
- False representation of being a U.S. citizen
- Espionage
- Terrorist activities
- Conviction of a crime involving moral turpitude committed within five years
- Conviction of a crime involving moral turpitude committed within 10 years if lawful permanent residency was granted though an adjustment of status
- Conviction of a crime with a sentence of one year or longer
Depending on the severity of the criminal conviction, the green card holder will most likely be detained until their immigration hearing date.
Green Card Holders With a Criminal Record Re-entering the U.S.
Oftentimes, an LPR with a criminal record will be processed as a new applicant when attempting to re-enter the U.S. If the foreign national has not committed a deportable crime,
the immigration officers and judges make their decision based on whether the foreign national has committed any of the following:
- Abandoned his or her U.S. lawful permanent U.S. resident status
- Stayed outside the U.S. for more than 180 days
- Traveled outside the U.S. and stayed for more than one year
- Attempted to enter the U.S. from somewhere other than an official U.S. port of entry
- Committed a crime outside of the U.S. after leaving the country
- Broke the law outside the U.S. after leaving the country
- Left the U.S. while he or she was in removal proceedings
- Committed a crime that otherwise makes him or her inadmissible to the U.S.
Simply stated, these legal grounds are causes for inadmissibility, and the green card holder will be denied re-entry to the U.S. Being found deportable and inadmissible to the U.S. naturally implies the person who once held a green card then loses their status, and will have major complications in any future attempts of entering the U.S.
If the green card holder is granted permission to enter the country, they will receive a re-entry permit. This official document allows him or her to stay for a maximum of two years. The caveat here is that the foreign-born citizen needs to seek new admission and prove he or she is not inadmissible to the country, which can ultimately be determined by the Customs and Border Patrol officer (CBP).
As alluded to earlier, green card holders will be detained in an immigration detention facility if they are determined to be inadmissible. Meaning he or she will have to present their case to an immigration judge as the final part of the removal proceedings process.
Even when a green card holder with a criminal record is granted a re-entry permit, and is allowed to enter the U.S., they will most likely still have extreme difficulties. Inside the country, abroad and when attempting to re-enter the U.S. at a later date.
Frequently Asked Questions
Can a green card holder be deported for any criminal conviction?
Not all criminal convictions lead to deportation. However, certain offenses, such as aggravated felonies (e.g., murder, drug trafficking) and crimes involving moral turpitude (e.g., fraud, theft), can make a lawful permanent resident deportable. The specifics of the crime, including its severity and timing relative to obtaining the green card, play a significant role in determining deportability.
How does a criminal conviction affect a green card holder's ability to travel internationally?
Green card holders with criminal convictions should exercise caution when traveling abroad. Upon re-entry to the U.S., they may face additional scrutiny, and certain convictions can render them inadmissible, potentially leading to denial of re-entry and initiation of removal proceedings. It's advisable to consult with an immigration attorney before international travel if a criminal record exists.
What steps should a green card holder take if they have a criminal record and wish to apply for U.S. citizenship?
A criminal record can impact eligibility for naturalization. Crimes involving moral turpitude, aggravated felonies, and certain other offenses can bar an individual from obtaining U.S. citizenship. It's essential to consult with an immigration attorney to assess eligibility and address any potential issues before applying for naturalization.
Can a green card be revoked due to a criminal conviction, and what are the consequences?
Yes, certain criminal convictions can lead to the revocation of a green card. Consequences include loss of lawful permanent resident status and potential deportation. The individual may also face challenges in re-entering the U.S. in the future and could be barred from obtaining other immigration benefits.
Wrapping Up
Green card holders must be aware of the serious implications that criminal convictions can have on their immigration status. Such convictions can lead to deportation, affect international travel, hinder naturalization prospects, and result in the revocation of permanent resident status. It's crucial for individuals with criminal records to seek legal counsel to understand their rights and navigate the complexities of U.S. immigration law effectively.
