How To Prevent Losing Your Green Card After a Conviction

How To Prevent Losing Your Green Card After a Conviction

Losing your green card after a criminal conviction can be devastating. As a lawful permanent resident (LPR), your green card allows you to live and work in the U.S. permanently. A conviction can result in removal proceedings and your deportation. However, there are steps you can take to try to preserve your immigration status.

Understand Grounds of Deportability

The first thing to understand is what kinds of crimes can actually result in your removal from the U.S. The main ground of deportability to be aware of is called a “crime involving moral turpitude” (CIMT). According to this Reddit thread, a CIMT is basically any crime that violates accepted moral standards or causes public outrage. Examples include theft, fraud, perjury, domestic violence, and sex crimes.

Other grounds of deportability include:

• Multiple criminal convictions with aggregate sentence of 5 years or more
• Controlled substance violation (besides simple marijuana possession)
• Firearm offense
• Domestic violence, stalking, child abuse
• Human trafficking offense

This Avvo article reviews grounds of deportability in more detail.

Consult an Immigration Attorney

If you are facing criminal charges, it is essential to consult an experienced immigration attorney, in addition to a criminal defense lawyer. An immigration lawyer can advise you on the immigration consequences of a conviction or plea deal. They can help craft a defense strategy to avoid adverse immigration outcomes.

Options may include:

• Negotiating a plea to a non-deportable offense
• Pleading to a lesser included offense
• Getting charges dismissed entirely

An immigration attorney can also argue that you are not actually deportable even if convicted. For example, they could argue that your crime does not meet the definition of a CIMT. Or they could help you apply for a waiver of deportability if one is available.

Avoid Long Trips Abroad

Another way people can lose their green cards unexpectedly is by traveling abroad for long periods. As explained in this Quora post, you risk abandoning your permanent resident status if you stay outside the U.S. for more than 1 year. There are some exceptions if you obtain a re-entry permit first.

After a criminal conviction, avoid extended foreign trips until you know your green card is secure. CBP may try to claim you abandoned residence based on a conviction if you have been abroad for many months.

Ask for Judicial Recommendation Against Deportation

If you do get convicted of a deportable offense, there is something called a “judicial recommendation against deportation” (JRAD) that could help you fight removal. Basically the criminal court judge recommends that immigration should not deport you.

As explained by FindLaw, while JRADs are not binding, immigration judges usually honor them. So ask your criminal defense attorney to request one from the judge after conviction or plea deal.

Apply for Post-Conviction Relief

If a conviction has already made you deportable, another option is to reopen your criminal case and try to get the conviction overturned. This is known as post-conviction relief or PCR. Grounds for PCR include:

• Ineffective assistance of counsel
• Prosecutorial misconduct
• Actual innocence
• Unlawful plea deal

As covered by LawInfo, succeeding with a PCR motion can eliminate the conviction altogether and take away grounds to deport you.

Conclusion

Losing your green card due to a criminal conviction can happen before you even realize it. Work closely with experienced immigration and criminal attorneys from the very start of your case to mitigate immigration risks. Understand all grounds of deportability and options for relief before accepting any plea deals as well.