Written by Jayson Elliott · Attorney, Bay Legal PC · CA Bar No. 332479 · Last reviewed April 2026
Green Card Holder Facing Deportation — Your Defenses
Key Takeaways
- Green card holders can be deported for criminal convictions, fraud, and other immigration violations
- LPR cancellation of removal is available if you have 7+ years residence and 5+ years as an LPR with no aggravated felony
- Post-conviction relief may eliminate the criminal basis for removal
- Naturalization (becoming a U.S. citizen) eliminates most deportation risk — if eligible, apply as soon as possible
Why Green Card Holders Face Removal
Lawful permanent residents are most commonly placed in removal proceedings after criminal convictions (aggravated felonies, crimes involving moral turpitude, drug offenses, domestic violence), immigration fraud or misrepresentation, abandonment of LPR status (extended absence from the U.S.), or failure to maintain status.
LPR-Specific Defenses
Cancellation of removal (INA §240A(a)): Available if you meet the 7-year/5-year requirements and have no aggravated felony conviction.
Waivers: Certain grounds of deportability can be waived, including some criminal grounds under INA §212(h) and fraud grounds under INA §212(i).
Post-conviction relief: If your criminal conviction can be vacated on constitutional grounds, the immigration consequences may be eliminated entirely.
Naturalization: If you are eligible for U.S. citizenship, naturalizing removes most deportation risk. If you are a green card holder who has not yet applied for citizenship, consider doing so immediately.
Bay Legal PC — Removal Defense Attorneys
Bay Legal PC in Palo Alto handles removal defense cases throughout California. Free initial consultations available.
Get a Free Consultation →Frequently Asked Questions
Can a green card holder be deported for a DUI?
A single simple DUI is generally not a deportable offense. However, felony DUI, DUI with injury, or patterns of criminal behavior may trigger removal proceedings.
Should I apply for citizenship if I’m in removal proceedings?
If you are already in removal proceedings, applying for naturalization is complicated. Consult an attorney immediately — in some cases, USCIS will not adjudicate a citizenship application while removal proceedings are pending.
Can I lose my green card for being outside the U.S. too long?
Yes. Absences of more than 180 days can be considered abandonment of LPR status. Absences over 1 year generally require a re-entry permit or result in loss of status.
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Bay Legal PC handles removal defense disputes throughout California. Tell us about your situation and we'll be in touch promptly.
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Jayson Elliott, Bay Legal PC · Palo Alto, California
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