Green Card Holders: Understanding Your Risks and Legal Options
- Shan Potts
- Apr 15
- 3 min read
Updated: May 29
Green card holders often believe that permanent residency guarantees safety from deportation, but that's not always the case. Recent policy shifts, rising enforcement, and legal technicalities have placed even long-term residents at risk. At Shan Potts Law Offices, we have helped hundreds of lawful permanent residents navigate these complex situations and secure their future in the U.S.
If you're a green card holder concerned about your immigration status, here’s what you need to know — and how you can act before it's too late.
Understanding the Risk: Why Green Card Holders Are Being Targeted
Although green card holders have legal status, they can still face removal proceedings for several reasons, including:
Old or minor criminal charges (even if resolved years ago)
Extended trips abroad that raise abandonment concerns
Allegations of immigration fraud or misrepresentation
Failure to update USCIS about address or status changes
Criminal or civil infractions not previously disclosed
In some cases, green card holders receive Notices to Appear (NTA) years after the incident that triggered it, often without warning. This unexpected issue can lead to serious consequences.
Pathways to Protection: Your Legal Options Against Deportation
Here are several essential legal pathways that can help green card holders avoid or fight detention and deportation:
1. Cancellation of Removal
For those already in removal proceedings, cancellation of removal can preserve your green card if you meet specific conditions. You must demonstrate:
Seven years of continuous presence in the U.S.
Five years as a lawful permanent resident
No aggravated felony convictions
2. Waivers for Past Offenses
Certain waivers, like 212(h) or 237(a)(1)(H), can forgive prior criminal or immigration issues that might otherwise lead to removal. These waivers are complex and must be evaluated on a case-by-case basis.
3. Adjustment of Status or Re-Adjustment
If your green card was obtained through marriage or family sponsorship, and there are concerns around how it was issued, re-adjusting your status may help eliminate vulnerabilities.
4. Naturalization
Becoming a U.S. citizen provides the most effective long-term protection against deportation. If you are eligible for naturalization but have delayed, now may be the time to proceed. This is particularly relevant if legal risks are emerging.
5. Post-Conviction Relief
If criminal charges are at the center of your risk, collaborating with a criminal defense attorney to reduce, vacate, or expunge convictions can eliminate grounds for deportation. This often works in tandem with your immigration strategy.
The Importance of Early Action
Taking timely legal action is crucial. Delaying can limit your options. Once removal proceedings begin, your defense window narrows, and the legal complexities increase.
We've encountered clients who waited too long and faced dire consequences, as well as clients who acted promptly and successfully protected their status. Understanding your situation is key.
If you're unsure of your current standing, a qualified attorney can review your case. They will identify risks and map out a legal pathway that aligns with your goals.
How to Prepare for Your Strategy Call
When you're ready to take action, preparation is essential. Here are some steps to consider before your consultation:
Gather Documents: Collect any immigration paperwork, notices from USCIS, or other relevant documents.
List Questions: Write down questions you have about your case and the potential options available.
Be Honest: Be truthful about your situation. This will help your attorney give the best advice.
What’s Next?
If you’re a green card holder and recognize any of these scenarios or just want peace of mind, now is the time to act.
We’ll assess your status, flag any risks, and advise you on the best legal path forward. Don't wait until it's too late — take charge of your immigration future today!
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