As a green card holder (lawful permanent resident), it is crucial to understand how a criminal conviction can impact your immigration status. A criminal record can lead to serious consequences, including inadmissibility, deportation (removal), or difficulty obtaining U.S. citizenship. This guide explains how criminal offenses affect green card holders and what steps you can take to protect your status.

🚨 Can a Green Card Holder Be Deported for a Criminal Conviction?

Yes. Certain criminal offenses can make a lawful permanent resident deportable under the Immigration and Nationality Act (INA) Section 237(a)(2). A conviction for a deportable crime may result in removal proceedings, loss of green card status, and permanent inadmissibility to the U.S.

⚠️ Types of Crimes That Can Lead to Deportation

Immigration law categorizes criminal offenses into different types, some of which can trigger deportation or bar reentry to the U.S. The most significant categories include:

✅ Crimes Involving Moral Turpitude (CIMT)

• Defined as offenses involving fraud, theft, or intent to cause serious harm.
• Examples: Fraud, domestic violence, aggravated assault, burglary, and certain drug offenses.
• A single CIMT within five years of obtaining a green card can make you deportable if the crime carries a potential sentence of one year or more.

✅ Aggravated Felonies

• Defined under INA Section 101(a)(43) and includes:
  🔹 Drug trafficking
  🔹 Murder
  🔹 Rape
  🔹 Firearms offenses
  🔹 Money laundering exceeding $10,000
  🔹 Theft or fraud with a loss exceeding $10,000
• Even if not classified as a felony under state law, these offenses trigger automatic deportation.

✅ Controlled Substance Violations

• INA Section 237(a)(2)(B)(i) makes any drug-related conviction (except simple possession of marijuana under 30g) grounds for deportation.

✅ Domestic Violence, Child Abuse, and Stalking

• Convictions for domestic violence, stalking, or child abuse, as outlined in INA Section 237(a)(2)(E), can result in removal.

✅ Firearms Offenses

• Any conviction involving illegal possession, sale, or use of a firearm under INA Section 237(a)(2)(C) can lead to deportation.

🛑 How Criminal Convictions Affect U.S. Citizenship Applications

To become a U.S. citizen through naturalization, a green card holder must demonstrate good moral character (GMC) for at least five years before applying. Criminal convictions can disqualify applicants for naturalization. The following offenses may bar citizenship:

🚫 Aggravated felonies (permanent bar)
🚫 Crimes involving moral turpitude
🚫 Drug-related offenses
🚫 Fraud (including immigration fraud)
🚫 Multiple DUI offenses (depending on circumstances)

🛡️ What Should You Do If You Are Facing Criminal Charges?

If you are a green card holder arrested or charged with a crime, follow these steps to protect your immigration status:

📌 Consult an Immigration Attorney Immediately

• Criminal and immigration law intersect in complex ways. A skilled immigration attorney can help minimize the impact of a criminal charge on your status.

📌 Avoid Pleading Guilty Without Legal Counsel

• Some plea agreements may seem favorable under criminal law but carry severe immigration consequences.

📌 Request a Post-Conviction Relief If Needed

• If you have already been convicted, you may be able to reopen your case or reduce the charge to a non-deportable offense.

📞 Take Action Now

If you are a green card holder concerned about a criminal conviction, seek legal counsel immediately to understand your rights and options. Taking prompt action can help protect your immigration status and future in the U.S.

🔹 Call Lumina Immigration Law today for expert guidance.