top of page

MENU

Legal Pathways Green Card Holders Can Use to Avoid Deportation


green card

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’ve 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 be placed in removal proceedings for a range of issues, including:

  • Old or minor criminal charges (even if resolved years ago)

  • Extended trips abroad that raise abandonment questions

  • Immigration fraud or misrepresentation allegations

  • 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.


Pathways to Protection: Your Legal Options against Deportation

Here are several key 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 certain conditions. You must demonstrate:

  • 7 years of continuous presence in the U.S.

  • 5 years as a lawful permanent resident

  • No aggravated felony convictions


2. Waivers for Past Offenses

Certain waivers, like the 212(h) or 237(a)(1)(H), can forgive prior criminal or immigration issues that might otherwise lead to removal. These are highly nuanced 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 status might help eliminate vulnerabilities.


4. Naturalization

Becoming a U.S. citizen is the most effective long-term protection against deportation. If you are eligible for naturalization but have put it off, now may be the time to move forward — particularly if legal risks are emerging.


5. Post-Conviction Relief

If criminal charges are at the center of your risk, working 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.


Why Early Action Matters

Delaying legal action can limit your options. Once removal proceedings begin, your defense window narrows, and the legal complexity increases. We've worked with clients who waited too long — and clients who got ahead of the risk and protected their status successfully.

If you're unsure where you stand, an experienced attorney can review your case, identify risks, and map out a legal pathway that makes sense for your goals.


What’s Next?

If you’re a green card holder and any of these scenarios sound familiar — or if you just want peace of mind — now is the time to act.

Book a free 15-minute case strategy call with our team today!




We’ll assess your status, flag any risks, and advise you on the smartest legal path forward.

 
 
 

Comments


Commenting on this post isn't available anymore. Contact the site owner for more info.
bottom of page