Can a green card holder be deported, and how to fight it

This page is about fighting a removal case as a green card holder. Your everyday rights and how to protect your status are on Your rights as a green card holder. This is general information, not legal advice.

If you just got bad news, breathe. Many green card holders in court have options. The first step is getting the right help.

Can a green card holder really be deported?

Yes. A green card makes you a permanent resident, not a citizen. Federal law (8 U.S.C. 1227) lists reasons a permanent resident can be deported. The main ones are crimes, but there are others.

Common reasons, in plain words:

• A crime involving moral turpitude committed within 5 years after you were admitted, if the crime can carry a sentence of a year or more
• Two or more crimes involving moral turpitude, from separate events, at any time after admission
• An "aggravated felony," an immigration law term that includes some crimes that are not felonies in California
• Drug offenses, except one conviction for having 30 grams or less of marijuana for your own use
• Firearm offenses
• Domestic violence, stalking, child abuse or neglect, or violating a protection order
• Falsely claiming to be a U.S. citizen, or voting in an election only citizens can vote in, with narrow exceptions
• Not reporting a change of address, unless it was not willful or there was a good reason

Each of these has fine print. Immigration law has its own meaning of "conviction." See How a criminal record can affect your immigration status and What is a crime involving moral turpitude?

When do I actually lose my green card?

Only when an immigration judge's removal order becomes final, or if you give it up yourself (USCIS, Maintaining Permanent Residence). An arrest does not take it. A Notice to Appear does not take it. While your case goes on, you are still a permanent resident.

That is why we say: do not sign Form I-407, the form to give up your green card, unless you truly mean to. You can ask to have a judge hear your case instead.

How does a removal case start for a green card holder?

Usually in one of three ways:

1. After an arrest or conviction. ICE may learn of it from a jail or prison and issue a Notice to Appear. ICE may also detain you. Many crime based grounds mean mandatory detention, with no bond hearing (8 U.S.C. 1226(c)). See How to get someone out of immigration detention on bond.
2. At the border, after a trip. If you were gone more than 180 days, or you have committed certain crimes, officers can treat you as someone seeking admission. In June 2026, the Supreme Court said in Blanche v. Lau that officers do not need clear and convincing proof before doing so. See should I travel abroad?
3. After an application. For example, applying for citizenship can bring an old record to light. See Applying for citizenship with an arrest or record.

The Notice to Appear lists the charges. Read it closely with a lawyer. See What a Notice to Appear means.

What defenses do green card holders have?

There is often more than one. A lawyer looks at all of them together.

1. Fight the charge itself

If you were admitted to the U.S., the government must prove you are deportable by clear and convincing evidence, using official court records of the conviction (8 U.S.C. 1229a(c)(3)). Many cases turn on whether a California conviction truly matches the federal category the government named. A good lawyer reads the exact statute and record.

2. Fix the conviction in criminal court

California has tools to vacate or change some convictions for legal error, including when your defense lawyer did not explain immigration effects. A conviction erased for a legal defect may no longer count. See Penal Code 1473.7 and Ways to fix an old California conviction. Not every kind of "clean up" works for immigration, so ask first.

3. Cancellation of removal for permanent residents

A judge may cancel your removal and let you keep your green card (8 U.S.C. 1229b(a)) if you:

• Have been a green card holder for at least 5 years,
• Have lived in the U.S. continuously for at least 7 years after being admitted in any status (a visa or entry counts), and
• Have never been convicted of an aggravated felony.

You also must not have received cancellation (or the older forms of this relief) before. It is a one time chance. Even if you qualify, the judge decides whether you deserve it, weighing your family, work, rehabilitation and the seriousness of the crime.

Example (made up, not a real person): Mei came on a student visa in June 2012 and got her green card in 2016. In 2018 she committed an offense that makes a person inadmissible. Her 7 year clock started at her June 2012 admission and stopped on the 2018 offense date, at about 6 years. That is short of 7, so she cannot get this kind of cancellation, even though she has lived here 14 years. Her lawyer then looks at the other defenses below. Change one date and the answer can change, which is why the timeline matters so much.

4. A waiver and a new green card

In immigration court, the judge decides any green card application you file there (8 CFR 1245.2(a)(1)). Some green card holders apply again this way, for example through a citizen spouse, parent or adult child, together with a waiver for certain crimes. Whether you can do this depends on your record and family, so a lawyer must check.

The waiver for crimes is often called a 212(h) waiver (8 U.S.C. 1182(h)). It can cover some crimes if a citizen or permanent resident spouse, parent, son or daughter would suffer extreme hardship. It cannot cover murder or torture.

It has two extra limits for some people who were already admitted as permanent residents. The law says no waiver if, since that admission, you were convicted of an aggravated felony, or you did not lawfully live here continuously for at least 7 years before the removal case started. Courts have read who counts as "admitted" as a permanent resident in different ways, so ask your lawyer how this applies to you.

5. Protection from persecution or torture

If you fear harm in your home country, you may be able to seek asylum or withholding of removal. Serious crimes can bar these. But deferral of removal under the Convention Against Torture is available even to people whose crimes bar other protection, if they show they are more likely than not to be tortured. Deferral does not give status, but it stops removal to that country.

6. You might already be a U.S. citizen

Some people got citizenship through a parent as children and never knew it. A citizen cannot be deported. See Did my child become a citizen when I did?

How much does it cost to apply?

For filings on or after October 1, 2026, the immigration court fee for Form EOIR-42A is $730 (91 FR 54211, AILA copy). The judge can waive it if you show you cannot pay. Only asylum fees and the TPS fee are off limits for a waiver (EOIR Policy Memo 25-36). To ask, you file a sworn statement about your income, costs and assets with the application. See New immigration court and asylum fees in 2026. Never pay a fee in cash to a person who promises to "handle it." Court fees go through EOIR's payment system.

What should I do first?

1. Do not travel. Leaving can make things worse and can trigger new problems at the border.
2. Do not sign Form I-407 or a stipulated removal order without a lawyer.
3. Get your records. Court records for every arrest, with how each case ended. See How to get a copy of your criminal record.
4. Make a timeline. Date of first entry, date of green card, address history, every arrest and case result.
5. Gather proof of your life here. Taxes, work, school, children's records, letters. See Papers that show how long you have lived here.
6. Go to every hearing. Missing court can lead to an order without you, and can block cancellation and other relief for 10 years. See Do I have to go to immigration court?
7. If you have an open criminal case, tell your defense lawyer you are not a citizen. California law requires them to advise you on the immigration effects of a plea.

Mistakes to avoid

• Taking a quick plea "to get out" before an immigration lawyer reviews it
• Assuming an expungement or dismissal under California law fixes the immigration problem
• Missing the 30 day appeal deadline after a judge rules against you
• Hiring a notario or consultant. Only a lawyer or DOJ accredited representative may give you legal advice. See Warning signs of an immigration scam.

Questions people ask

I have had my green card for 20 years. Am I safe? Time helps, especially for cancellation, but it does not protect you from every ground. An aggravated felony, for example, blocks cancellation no matter how long you have been here.

Can I become a citizen to stop this? Not while a removal case is open without a lawyer's plan. Applying for citizenship means USCIS looks at your whole record. Talk to a lawyer before you file anything.

If I lose, can I appeal? Yes, to the Board of Immigration Appeals, within 30 days right now. See How to appeal an immigration judge decision.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

For San Mateo and Santa Clara County residents:

• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440. Deportation defense for people with low income.
• Immigration Institute of the Bay Area (Redwood City): consultations (650) 587-1558, by appointment.
• Catholic Charities San Francisco (serves San Mateo County): (650) 285-6451.
• Catholic Charities of Santa Clara County: (408) 468-0100.
• Public defenders, for post conviction help: San Mateo County Private Defender Program (650) 298-4000; Santa Clara County Public Defender (408) 299-7700.
• More options: Free legal help in the Bay Area and Can I get a free lawyer for immigration court?

Anywhere in the United States: the DOJ List of Pro Bono Legal Service Providers, sorted by immigration court. Outside California, ask your local public defender about post conviction options in your state.

Your green card is still yours while you fight. Hold on to that, and take the next step today.