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Can My Green Card Be Revoked? Yes, And Here Is How

Having a U.S. Green Card or Permanent Residency status is not just a right but a privilege that demands adherence to certain obligations. Much like the conditions tied to a driver’s license, neglecting these obligations or violating rules can result in the loss of this privilege. 

It’s crucial to comprehend the possibilities of Green Card revocation and the circumstances that could lead to it in order to safeguard your residency status in the U.S. We’ll shed light on these conditions and guide you on how to uphold your rights as a permanent resident.

Can a Green Card be Revoked?

Having a Green Card in the United States comes with responsibilities to the obligations that are similar to those accompanying a driver’s license. Just as receiving speeding tickets or DUIs can result in the instant suspension of your driving privileges, not adhering to the conditions associated with your Green Card can put your Permanent Residency status in the United States at risk.

Green Card Revocation Scenarios

Many factors can lead to the revocation of a Green Card, but here are the most frequently encountered reasons.

Violation of U.S. Criminal or Civil Laws

If Green Card holders break the law, they could face consequences that may result in the loss of their Permanent Residency status. Generally, this is relevant to the type of offense and conviction. However, the precise level at which a crime is considered “major” may differ. It is crucial for individuals with Permanent Resident status to comprehend and adhere to all U.S. regulations in order to preserve their standing. And, if a Green Card holder is facing any criminal charges, it is crucial to speak to an immigration attorney to learn about the potential immigration consequences involved. 

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Excessive Time Spent Outside the U.S.

One of the factors that could lead to the cancellation of a Green Card is when an individual spends too much time outside the borders of the United States. If someone holding a Green Card resides outside the country for more than 12 months, it might be perceived as relinquishing their residency in the United States.  Green card holders who plan to be outside the United States for more than 6 months should first apply for a Re-entry Permit to avoid abandonment accusations upon their return to the United States. 

That’s why it’s important for Green Card holders to restrict their time spent abroad and make sure they maintain a presence within the United States for most of the time.  

Instances of Fraud or Misrepresentation

Fraudulent activities or providing untrue information can also result in the cancellation of a Permanent Residency. If an undocumented immigrant holding a Green Card travels abroad and, upon returning, their immigration status is inspected by the U.S. Customs and Border Protection, and any indications of fraudulent behavior are discovered this could lead to the legal cancellation of their Green Card. 

Individuals with Green Cards must maintain honesty and transparency in all matters concerning their immigration status.

Understand the Risk of Abandoning Your Green Card

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Concerns about being perceived as having given up your Green Card are legitimate for individuals who spend time outside the United States. This usually arises when one’s actions indicate an intention to no longer maintain residency in the U.S. after travel. It’s worth noting that a parent abandoning their Green Card can also impact their children under their care.

As a Green Card holder, you are certainly allowed to travel. However, extended trips lasting over 12 consecutive months may raise suspicions of abandoning your Green Card. Hence, Green Card holders must plan their time spent outside the U.S. carefully and plan to first apply for and receive a Re-entry Permit for longer trips abroad.

When You Will Need a Re-entry Permit

If you plan to stay outside the United States for more than six months, having a Re-entry Permit is essential. This permit acts as a safety measure to confirm that you have no intention of giving up your Green Card status, even though you will be away from the United States for a long period.

Choosing not to obtain a Re-entry Permit, especially when coupled with a lengthy stay abroad, can heighten the risk of being perceived as having abandoned your Green Card. This situation could lead to a denial of admission back into the U.S. and placement in removal proceedings.  It’s highly recommended that Green Card holders planning extensive travels secure a Re-entry Permit to avoid complications upon their return.

You Are Not Alone

Luckily you don’t have to face this situation by yourself. The legal experts at Abogada Ashley Immigration are available to offer guidance on the best course of action to avoid any problems with your Green Card being revoked or abandoned, as well as any potential challenges that might arise during your travels. We can also assist you in completing the paperwork for a Re-entry Permit if you plan on being away from the United States for an extended period.

Understand the Depth of the Consequences

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Given the consequences that come with giving up or losing a Green Card, it is strongly recommended that all Green Card holders seek help when making travel plans abroad. By seeking the guidance of an immigration attorney, you can have the reassurance that your Green Card status will remain intact no matter how long you are away from the United States.

At Abogada Ashley Immigration, our dedicated attorney and her team provide services tailored to your specific needs and objectives. We can help you in navigating the complexities associated with international travel as well as guide you through the application process for a Re-entry Permit. Should you require advice on concerns concerning Green Card revocation or abandonment, please do not hesitate to contact us to get started.

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