Being a green card holder gives you many rights in the U.S., but it doesn’t make you immune to immigration consequences if arrested. Some arrests can trigger the revocation of your lawful permanent resident (LPR) status, even years after becoming one.
Let’s look at seven situations where your green card could be at risk after an arrest, and what you can do to protect yourself.
1) Conviction for an Aggravated Felony
An aggravated felony in immigration law is a category that includes serious crimes, such as drug trafficking, certain thefts or fraud, some domestic violence offenses, and more.
Even if state law labels the offense differently, a conviction can make you deportable and block most forms of relief.
How to avoid or mitigate:
- Hire an immigration lawyer before pleading. Plea deals can create residency-terminating convictions.
- And if you are convicted, consult an immigration attorney immediately about motions or post-conviction relief. Some remedies are time-sensitive.
2) Conviction for a Crime Involving Moral Turpitude (CIMT)
CIMTs involve fraud, intent to harm, or other morally blameworthy conduct. Certain CIMTs make an LPR deportable, and two convictions can trigger deportability.
Guilty pleas or convictions for theft, fraud, some assaults, or similar acts may qualify as CIMTs. Even arrests that lead to convictions years later can have serious consequences.
How to avoid or mitigate:
- Don’t plead guilty without immigration advice, no matter the charge.
- Check out diversion programs, juvenile adjudications, or other non-conviction outcomes- but note that some authorities may treat certain adjudications as convictions.
3) Domestic Violence, Stalking, or Child-Abuse Convictions
U.S. immigration law lists domestic violence, stalking, and child abuse/neglect as grounds for deportation. Convictions can put LPRs at immediate risk.
Many domestic-violence arrests lead to charges that are prosecutable as deportable offenses. A guilty plea can trigger deportation directly.
How to avoid or mitigate:
- Get an immigration lawyer immediately to work on a detailed plea strategy.
- If you are convicted, get an immigration lawyer to assess options like cancellation or VAWA protections.
4) Fraud, Willful Misrepresentation, or Criminal Activity Revealing Immigration Fraud
If USCIS or DHS finds that your green card was obtained through fraud or misrepresentation, they can revoke it, even years later. Arrests for identity theft, document fraud, or related crimes can also prompt a review of your application.
Arrests for benefit fraud or perjury can trigger agency audits and removal proceedings.
How to avoid or mitigate:
- Always be truthful on immigration forms. Don’t hide arrests, prior convictions, or misrepresentations.
- If charged with fraud-related crimes, involve an immigration lawyer immediately to prepare mitigation and correct records.
5) Arrest/Conviction That Shows Lack of Good Moral Character
Certain benefits, like naturalization, require showing good moral character. Criminal conduct may block naturalization and can sometimes lead to discretionary revocation.
Even if the conviction doesn’t immediately make you deportable, it can prevent naturalization or trigger more scrutiny.
How to avoid or mitigate:
- Avoid criminal conduct during statutory periods relevant to future benefits.
- Track arrest outcomes and preserve evidence of rehabilitation, such as records, treatment, and community ties. Get a lawyer before filing for benefits.
6) Abandonment of Residence (Long Absence After Arrest or Legal Issues Abroad)
An LPR who spends long, continuous periods outside the U.S., usually a year or more, risks a presumption of abandonment. Arrests leading to incarceration or legal proceedings abroad can trigger this.
Being jailed or stuck abroad after an arrest may create abandonment risk. Even domestic arrests leading to extended foreign stays can do the same.
How to avoid or mitigate:
- Maintain ties to the U.S.: file taxes, keep property, maintain bank accounts.
- If a trip abroad lasts more than a year, get a re-entry permit. Keep evidence showing intent to maintain residence.
7) Arrest Leads to Reinstatement or Exceptional Removal Procedures
Some arrests, especially for re-entry after prior removal or certain offenses, can trigger reinstatement or expedited removal. Arrests revealing prior removal orders or fraud may lead to immediate detention.
Arrests can speed up removal with limited defenses, so you must act quickly.
How to avoid or mitigate:
- Keep your immigration history accurate and disclose prior removal or deportation attempts to your lawyer.
- If you are detained, get an immigration attorney immediately. Narrow defenses like asylum or withholding may exist, but they require credible-fear screening.
Seek Legal Counsel at ImmigrationQuestion.com.
Immigration consequences from an arrest can be severe. The most important step a green-card holder can take after an arrest is to get an immigration attorney’s help before making any decisions, whether to plead, travel, or file for benefits. Early, coordinated criminal and immigration strategies are the best ways to protect your green card.
If you or a loved one is facing an arrest or potential immigration consequences, don’t wait. At ImmigrationQuestion.com, you can choose from over 100 licensed immigration attorneys to guide you through the process and protect your green card. Early action can make all the difference.
Frequently Asked Questions
Can an arrest make me lose my green card?
An arrest alone doesn’t revoke your green card. But if it leads to a conviction for an aggravated felony, CIMT, or other deportable offense, you could be at serious risk.
What is an aggravated felony in immigration law?
It’s a category of serious crimes under federal immigration law, including certain drug offenses, thefts, fraud, and some domestic violence crimes. Many aggravated felonies make green card holders deportable.
Can I lose my green card if I spend too much time abroad?
Absences for one year or more may create a presumption of abandonment, especially if the absence results from arrests, incarceration, or legal issues abroad.
What is reinstatement or expedited removal after an arrest?
Some arrests, particularly those revealing prior removal orders or serious offenses, can trigger reinstatement of previous removal orders or expedited removal procedures. This can put green card holders at risk.
As a permanent resident, what should I do after an arrest?
Tell your immigration lawyer about the arrest immediately. Begin to gather documentation of U.S. ties, such as work, property, taxes, or school. Avoid traveling until it is sorted out. Consider a re-entry permit if you must be abroad. Find out post-conviction relief options quickly if relevant.
Where can I find help to protect my green card after an arrest?
Meet with 100+ licensed immigration attorneys on ImmigrationQuestion.com. Reach out to a lawyer as soon as possible to prevent irreversible mistakes. They will guide you on plea options, post-conviction relief, or bond strategies.
