Green Card Holders: Can an Old Crime Lead to Deportation?

Holding a green card represents a significant milestone for many Green Card Holders in the United States, offering a pathway to permanent residency and stability. However, a past criminal conviction, even one that occurred years ago, can create serious immigration problems, potentially leading to detention and deportation. Many lawful permanent residents are unaware that old criminal records can resurface and jeopardize their status, especially when traveling or applying for citizenship.

Understanding the Risk: How Past Convictions Affect Green Card Holders

For immigration law purposes, a “conviction” is not just the result of a guilty verdict at trial. It can also include pleading guilty or “no contest” to a criminal charge, even if you avoided jail time through a plea bargain, probation, or a diversion program.

The Immigration and Nationality Act (INA) lists specific categories of criminal offenses that can make a non-citizen, including a green card holder, deportable. A conviction for one of these offenses can place you in removal proceedings, regardless of how long ago the crime occurred.

What Types of Crimes Put Green Card Holders at Risk?

Not all crimes have immigration consequences, but certain offenses are taken very seriously by immigration authorities. These are often referred to as “deportable offenses” and include:

• Crimes Involving Moral Turpitude (CIMT): This is a broad and complex category of offenses that involve conduct considered inherently base, vile, or depraved. Examples often include theft, fraud, and some assault charges. A green card holder may be deportable if they commit a CIMT within five years of admission to the U.S. that carries a potential sentence of one year or more. They can also be deportable if they commit two or more CIMTs at any time after admission.
• Aggravated Felonies: This is a specific list of serious crimes defined under immigration law. The term “aggravated felony” can be misleading, as some offenses on the list are classified as misdemeanors under state law. Common examples include murder, rape, drug trafficking, and theft offenses with a sentence of at least one year. A conviction for an aggravated felony almost always results in deportation and makes a person ineligible for most forms of relief.
• Drug Offenses: With the exception of a single offense for simple possession of 30 grams or less of marijuana for personal use, virtually any conviction related to a controlled substance can lead to deportation.
• Firearms Offenses: Convictions for unlawfully purchasing, selling, possessing, or carrying a firearm are deportable offenses.
• Domestic Violence: Crimes of domestic violence, stalking, child abuse, child neglect, or child abandonment are grounds for deportation. Violating a protective order also carries severe immigration consequences.

Even a conviction that seemed minor at the time could fall into one of these categories, creating a significant risk for a green card holder.

When Can an Old Criminal Record Become a Problem?

An old criminal record often goes unnoticed for years, but certain events can bring it to the attention of U.S. Immigration and Customs Enforcement (ICE).

Applying for Naturalization

When you apply to become a U.S. citizen, you must submit your fingerprints for a background check. This process will uncover your entire criminal history, including sealed or expunged records. U.S. Citizenship and Immigration Services (USCIS) will review your record to determine if you meet the “good moral character” requirement for naturalization. If they discover a deportable offense, they will not only deny your citizenship application but may also initiate removal proceedings against you.

Traveling Internationally

Returning to the U.S. after traveling abroad can also trigger scrutiny. When you re-enter the country, you are inspected by a Customs and Border Protection (CBP) officer. A routine database check can reveal past convictions. If the CBP officer identifies a deportable offense, they may place you in secondary inspection for further questioning and could refer your case to ICE, leading to detention and the start of removal proceedings.

The Risk of Detention for Green Card Holders

If ICE determines that your criminal record makes you deportable, they have the authority to detain you. For certain offenses, particularly aggravated felonies, detention is mandatory. This means immigration authorities will hold you in a detention center without the possibility of bond while your case moves forward in immigration court.

Mandatory detention can last for months or even years, separating you from your family, your job, and your community. This makes it incredibly difficult to gather evidence and work with your attorney to build a strong defense.

Defending Against Deportation: What Are Your Options?

Facing deportation due to an old criminal conviction can be terrifying, but you have the right to defend yourself in immigration court. An experienced immigration attorney can explore several legal strategies, including:

• Challenging the Conviction: Your attorney can analyze the criminal record to determine if the conviction legally qualifies as a deportable offense under the complex definitions of immigration law. Sometimes, a state crime does not perfectly align with the federal definition of a deportable offense.
• Applying for a Waiver: Certain waivers can forgive a criminal conviction for immigration purposes. One of the most common is the Cancellation of Removal for Certain Permanent Residents (Form EOIR-42A). To be eligible, you must demonstrate that you:
  • Have been a lawful permanent resident for at least five years.
  • Have resided continuously in the U.S. for at least seven years after being admitted in any status.
  • You must not have committed an aggravated felony.
  • Deserve a favorable exercise of discretion, which involves showing your positive contributions to your community and the hardship your family would suffer if you were deported.

• Post-Conviction Relief: In some cases, it may be possible to go back to the criminal court and seek to vacate or modify the old conviction. If the conviction is overturned, it may no longer be a basis for deportation.

Protect Your Future in the U.S.

Living with an old criminal record as a green card holder can feel like walking on a tightrope. The laws connecting criminal convictions and immigration status are incredibly complex, and the stakes are higher than ever. It is crucial not to take any chances with your future.

If you are a green card holder with a criminal record, even a minor one from long ago, it is essential to seek expert legal advice before traveling internationally or applying for citizenship. At the Paniotto Law Firm, we specialize in deportation defense and have over 20 years of experience representing clients in immigration court. We understand the fear and uncertainty you are facing, and we are here to help you navigate this challenging process and fight to protect your right to remain in the United States. Contact us today for a consultation to discuss your case.