Mid-March and the onset of springtime are often associated with one color more than most: green. That color represents the budding of new foliage and St. Patrick’s Day. For many immigrants, the color “green” has a different and more critical association — a green card. Recent events, however, have raised an important question: can I be deported if I have already gotten my green card? The short answer is yes, under certain circumstances. Whether you are a visa holder, a green card holder, or undocumented, a deportation action is something you must treat with the highest degree of care. That includes promptly retaining an experienced Maryland deportation defense lawyer.
In recent days, the federal government has begun steps to deport Mahmoud Khalil, a Columbia University student and a green card holder. Currently, the government is detaining the man in Louisiana.
Green card holders can be subject to deportation. Many times, the triggering event is a crime. For the government to deport a green card holder for a criminal violation, the crime must have been serious. The sorts of crimes that can lead to deportation include major drug crimes, fraud, or “aggravated felonies.” (This phrase refers to crimes such as child pornography, rape, murder, child sexual abuse, and human trafficking.)
Khalil is accused of none of these things. According to Secretary of State Rubio, the government plans to deport Kahlil and all green card-holding students who entered the U.S. “to rile up all kinds of anti-Jewish sentiment… antisemitic activities.” The Trump Administration has argued it has the power to deport green cardholders whose “activities in the United States would have potentially serious adverse foreign policy consequences to the country.”
The Deportation Process
Most actions to deport green card holders begin with the U.S. Department of Homeland Security, which makes the initial step. The green cardholder may be arrested and put behind bars (like Kahlil,) but most people receive a “Notice to Appear” before an immigration judge.
The “Notice to Appear” document (Form I-862) is a “charging document,” meaning it reads like an indictment or citation. The form lays out the government’s reasons for seeking to deport the individual and tells the individual when and where the hearing will occur.
Most green cardholders are not student protestors like Kahlil. They are people who have gone through the U.S. criminal judicial system. As mentioned above, some criminal offenses can trigger potential deportation, while others cannot. This raises a point that green cardholders should always keep in mind: the importance of sound legal counsel.
If you are a green card holder (or visa holder,) pleading guilty to a state crime could end with your deportation. Before you accept a prosecutor’s plea bargain, you should talk to an attorney with in-depth knowledge of immigration law. That lawyer can advise you about the immigration consequences of any plea arrangement you accept. Your criminal defense lawyer may also be able to negotiate a deal that allows you to avoid pleading guilty to anything that will harm your status.
Whether you are someone who has received a “Notice to Appear” before an immigration judge or a green card/visa holder facing criminal charges, you need reliable advice… now more than ever. The knowledgeable Maryland green card attorneys at Anthony A. Fatemi, LLC can help you avoid the pitfalls that could cost you your ability to remain in this country. Contact us today at 301-519-2801 or via our online form to set up your consultation.