Green Card Deportation After Criminal Charge

A criminal charge alone does not automatically trigger deportation for green card holders — a conviction of a qualifying crime does. Under INA §237, lawful permanent residents can be placed in deportation proceedings if convicted of an aggravated felony, crime involving moral turpitude (CIMT), domestic violence offense, or certain drug crimes. Consult an immigration attorney immediately after any arrest. Verify current rules at the official USCIS website.

When Criminal Convictions Can Lead to Deportation

Not every criminal matter puts your green card at risk, but several categories of convictions make a lawful permanent resident (LPR) deportable under INA §237(a)(2):

• Aggravated felonies — defined broadly under INA §101(a)(43); includes murder, drug trafficking, theft sentences of one year or more, and fraud exceeding $10,000.
• Crimes involving moral turpitude (CIMT) — committed within five years of admission, or two or more CIMTs at any time.
• Controlled substance violations — any conviction, with limited exceptions for a single offense of simple possession of 30 grams or less of marijuana.
• Domestic violence, stalking, and child abuse — covered under INA §237(a)(2)(E).
• Firearms offenses — unlawful purchase, sale, or possession of a firearm.
• High-speed flight from an immigration checkpoint — treated as an aggravated felony.

A charge that is dismissed, expunged, or results in deferred adjudication may still have immigration consequences in some circuits. Speak with Ilya Fishkin, immigration attorney before accepting any plea deal.

Conditions That Affect Your Risk Level

Several factors influence whether ICE initiates deportation proceedings and how strong your defense may be:

• Length of LPR status — residents who have held a green card for at least five years and lived in the U.S. for at least seven continuous years may qualify for cancellation of removal under INA §240A(a), unless convicted of an aggravated felony.
• Nature of the offense — misdemeanors carry lower risk than felonies, but certain misdemeanors still qualify as CIMTs or aggravated felonies under federal definitions.
• State vs. federal sentence — a sentence of one year or more (even if suspended) can trigger the aggravated felony definition.
• Plea agreements — pleading guilty to a reduced charge does not eliminate immigration consequences if the underlying conduct matches a deportable category.

Steps to Take After a Criminal Arrest as a Green Card Holder

1. Hire an immigration attorney before entering any plea. Your criminal defense lawyer may not fully understand immigration consequences; you need both criminal and immigration counsel working together.
2. Request a bond hearing if detained by ICE. If ICE detains you after a criminal case, you have the right to a bond hearing before an immigration judge. Present evidence of community ties, family, and employment.
3. Review eligibility for cancellation of removal. If you have at least seven years of continuous U.S. residence and five years as an LPR, ask your attorney whether you qualify under INA §240A(a).
4. File a timely appeal if an order of removal is issued. You have 30 days from the immigration judge's decision to appeal to the Board of Immigration Appeals (BIA).
5. Consider a Motion to Reopen if new evidence exists. A Motion to Reopen must generally be filed within 90 days of a final removal order.
6. Request a Stay of Deportation if removal is imminent. File Form I-246 with ICE to request a stay while your case is pending. Check the current filing fee at ICE.gov.

What the Law Says

The core statutory authority for deportation of green card holders based on criminal conduct is found in the Immigration and Nationality Act (INA), specifically §237(a)(2). Aggravated felony categories are defined in INA §101(a)(43). Cancellation of removal for LPRs is governed by INA §240A(a).

The regulations implementing these provisions appear in the Code of Federal Regulations at 8 CFR Part 240. For official USCIS guidance on criminal bars to immigration benefits, visit USCIS.gov.

Immigration attorney Ilya Fishkin regularly handles cases involving green card holders placed in deportation proceedings after criminal charges. Professional legal analysis of your specific conviction record is essential before any immigration court appearance.

This material is for informational purposes only and does not constitute legal advice.