Green Card Revoked: What To Do?
If you’ve built your life in the U.S. as a green card holder, losing that status is frightening. As a permanent resident, you’ve built a life in the U.S. with the right to live and work here indefinitely.
But what happens when that right is suddenly at risk? Losing your green card, or even receiving a notice that it’s being revoked, can leave you feeling confused and worried. Let’s break down what steps you can take if you face this difficult situation.
At Wogwu Law, we understand how important your green card is to you and your family. Founded by Attorney Lisa Christopher Wogwu, our firm has a deep personal connection to immigration law. With years of experience and a strong commitment to helping people through their toughest immigration challenges, we’re here to provide the legal support you need.
Why Would a Green Card Be Revoked?
There are several reasons why the U.S. government may decide to revoke someone’s green card. The consequences of fraud can be severe, potentially leading to deportation and being barred from future immigration benefits. Let’s look at the most common reasons:
Fraud or Misrepresentation
One of the most common reasons for green card revocation is fraud during the application process. This could happen if you provided false information or failed to disclose important details. For example, if you were not truthful about your marital status or employment history when applying, that could be considered fraud.
If you’ve made a mistake on your application, it’s generally better to proactively correct it rather than waiting for authorities to discover it.
Criminal Convictions
Certain criminal convictions can lead to a green card being revoked. Crimes like aggravated felonies or crimes involving moral turpitude (behavior that shocks the public conscience) are serious enough to jeopardize your residency. Even some drug offenses can trigger revocation. It’s important to note that not all crimes will result in losing your green card, but the severity and type of crime will be considered.
Abandonment of Residency
You may not realize it, but spending too much time outside the U.S. can result in losing your green card. The government might believe you’ve “abandoned” your residency if you’ve lived outside the country for long periods without showing any intent to return. Not filing taxes as a resident or saying you’re a “non-resident” on tax documents can also be seen as abandoning your U.S. residency.
Failure to Remove Conditions on a Conditional Green Card
If you were granted a conditional green card, usually through marriage or investment, you’ll need to remove those conditions within a specific timeframe (usually after two years). Failing to do so could lead to losing your green card.
The holder must file to remove the conditions within a specific timeframe. For marriages, Form I-751 must be filed within the 90-day period before the card’s expiration date. Conditions for investors much also be filed within the 90-day period, but the holder will need to fill out Form I-829.
Violation of Immigration Laws
Even something that might seem minor, like overstaying a visa or failing to notify U.S. Citizenship and Immigration Services (USCIS) of a change of address, could violate immigration laws. Such violations could endanger your green card.
Other Reasons
Other factors, like national security concerns or becoming a “public charge” (meaning the government believes you’re relying too heavily on public assistance), could also put your status at risk.
What To Do If Your Green Card Is Revoked
So, what do you do if your green card has been revoked or you’ve received a Notice of Intent to Revoke? Don’t panic. Here are the steps you should take:
Seek Legal Counsel Immediately
Your first step should be contacting an experienced immigration attorney, like the one at Wogwu Law. Immigration laws are complicated, and it’s crucial to have legal support during this time. Attorney Lisa Wogwu can help you understand your situation and develop a plan for moving forward.
Review the Notice
The notice you received from the government will outline why your green card is being revoked. It’s important to read this carefully to understand the exact reasons. This document will also include deadlines for you to respond, so don’t delay.
Gather Documentation
Start collecting any relevant documents that can help your case. This might include travel records, tax returns, proof of employment, marriage certificates, or other paperwork supporting your argument.
Revocation Process Details
When the government sends a Notice of Intent to Revoke, you have the opportunity to respond and present evidence that supports your case. This process can involve legal arguments and submissions to prove that you should keep your green card.
Maintain Legal Status
While your case is being reviewed, it’s critical to ensure that you maintain your legal status. Avoid overstaying or violating any immigration laws. This is especially important if you’ve been outside the country for long periods or if there’s a question about your intent to remain a U.S. resident.
Explore Potential Defenses
Depending on why your green card is being revoked, there may be several defenses available. For example, if you’re being accused of abandoning your residency, you could show proof of strong ties to the U.S., such as family connections, property ownership, or employment.
Consider Appeals and Waivers
If the revocation decision doesn’t go in your favor, you may be able to appeal through the Board of Immigration Appeals (BIA). In some cases, a waiver might be available, which allows you to keep your green card despite the issue.
Motion to Reopen or Reconsider
If new evidence becomes available or you believe there was an error in the process, you might be able to file a motion to reopen or reconsider your case. This gives you another chance to argue for keeping your green card.
Reapply for a Green Card
In certain situations, you might be able to reapply for a green card, especially if your revocation was due to an issue like abandonment of residency. However, this can be a lengthy process and may involve additional challenges.
Long-Term Considerations
Losing a green card can have serious long-term effects beyond just your residency status.
- Employment Impact: Without a green card, you might lose your right to work in the U.S. You may need to explore alternative work visa options while you resolve your status.
- Travel Restrictions: If your green card is revoked, international travel could become complicated, and you may be denied re-entry to the U.S.
- Family Members: If your green card status affects your family members (such as a spouse or children), their status may also be at risk. It’s important to explore options for protecting their status as well.
- Future Immigration Applications: A green card revocation can also impact your ability to apply for other immigration benefits in the future.
Facing Green Card Revocation? Wogwu Law Can Help
If your green card is at risk of being revoked, you don’t have to face this alone. At Wogwu Law, attorney Wogwu is committed to helping you protect your status and guiding you through every step of the process. Contact us today at 210-972-4480 for a confidential consultation, and let’s work together to defend your rights and your future in the U.S.