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Is there anything that can protect a green card from being deported for a crime?

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  • Is there anything that can protect a green card from being deported for a crime?

    I am just curious if there is a waiver if a green card holder has lived in the states with his green card for over 8 years. Can the green card holder prevent deportation? Deportation has always been a fear of mine. Of losing it all. So I want to know my options if I ever get in trouble with the law.

    Thank you.

  • #2
    Citizenship will preserve your right to enter and reside in the United States indefinitely, absent conviction on terrorism grounds

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    • #3
      Originally posted by inadmissible View Post
      Citizenship will preserve your right to enter and reside in the United States indefinitely, absent conviction on terrorism grounds
      No conviction or any other circumstance can cause US citizenship that is properly obtained (i.e. with no fraud) to be lost without the person intending to relinquish US citizenship.

      This is my personal opinion and is not to be construed as legal advice.

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      • #4
        INA340(c) "A person is subject to revocation of naturalization if the person becomes a member of, or affiliated with, the Communist party, other totalitarian party, or terrorist organization within five years of his or her naturalization" see https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartL-Chapter2.html section B.2

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        • #5
          Originally posted by inadmissible View Post
          INA340(c) "A person is subject to revocation of naturalization if the person becomes a member of, or affiliated with, the Communist party, other totalitarian party, or terrorist organization within five years of his or her naturalization" see https://www.uscis.gov/policymanual/H...-Chapter2.html section B.2
          That's just a case of fraudulent naturalization. Joining a communist or one of those organizations within 5 years is taken as evidence you weren't attached to the constitution at the time of naturalization, which makes your naturalization fraudulent. If you can provide countervailing evidence that your naturalization wasn't actually fraudulent at the time of naturalization, then it cannot affect your citizenship.

          This is my personal opinion and is not to be construed as legal advice.

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          • #6
            The answer is no....no waiver from deportation action despite having Green Card status for 8 years.

            If you are really concerned about future adverse action for felony convictions, get Naturalized so that you can stop worrying.

            --Ray B

            Originally posted by genaro1013 View Post
            I am just curious if there is a waiver if a green card holder has lived in the states with his green card for over 8 years. Can the green card holder prevent deportation? Deportation has always been a fear of mine. Of losing it all. So I want to know my options if I ever get in trouble with the law.

            Thank you.

            Comment

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