A green card gives you the right to live and work in the U.S. as a lawful permanent resident, but that status isn’t always permanent. Many people don’t realize that green card status can be taken away sometimes automatically due to legal or procedural issues.
Each year, U.S. Citizenship and Immigration Services (USCIS) flags cases for removal proceedings, often because of immigration fraud, abandonment, or certain crimes. A small misstep or outdated record can suddenly threaten your permanent residence.
At The Chidolue Law Firm, we’ve helped countless green card holders avoid losing their status by acting early and following every required step with care.
Why Do Green Cards Get Automatically Revoked?
Getting a green card is a major step, but it’s not always permanent. In some cases, citizenship and immigration services (USCIS) can revoke lawful permanent residency status if you weren’t truly eligible or later broke the rules.
Most green card holders lose their status due to immigration fraud, failure to meet conditions, criminal convictions, or abandoning U.S. residence. In other cases, the petitioner withdraws, or USCIS learns about false details in the approved petition.
These actions usually follow a process, not a surprise. Still, ignoring signs can lead to serious immigration consequences and even removal proceedings.
Fraud or Ineligibility at the Time of Approval
If USCIS finds that someone wasn’t eligible when their green card was granted, they may start the revocation process under INA §1256 and 8 CFR §246.1. This often happens when there’s proof of false information, a fraudulent marriage, or hidden facts in the original application process.
For example, if a principal beneficiary gained permanent resident status through a previously approved petition but later evidence shows immigration fraud, that status can be rescinded within five years.
USCIS may reopen the file, cross-check the facts, and issue a formal notice. But if more than five years have passed, they usually rely on removal proceedings instead.
What Happens If You Miss I-751 or Have a Sham Marriage
Conditional green card holders must file Form I-751 within two years of receiving their card. If they fail to do so, or if USCIS believes the marriage is not genuine, the permanent residence ends automatically.
A petitioner withdraws or fails to respond? That can also lead to termination. Officers often look for signs like lack of joint financial records, no filing taxes together, or no shared address. These gaps may prompt a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
A self petition based on abuse must still meet requirements. Without supporting proof, such revocation can move quickly.
Abandonment: When Absence Leads to Loss of Status
Leaving the U.S. for a long period doesn’t always mean losing your permanent resident status—but it can raise serious questions. If a lawful permanent resident spends more than 6 months abroad without a reentry plan, immigration services may assume they no longer intend to maintain residency.
Extended travel, lack of U.S. ties, or failure to maintain continuous residence could prompt removal proceedings, even without criminal activity. While signing Form I-407 confirms you gave up your status, sometimes false information or lack of clarity creates issues at the port of entry.
To avoid complications, always plan travel wisely and consult an attorney before long absences.
Criminal Convictions That Trigger Revocation
Not every conviction affects your immigration status, but certain crimes do more than just appear on your record—they can lead to deportation proceedings and the loss of lawful permanent residency status.
Under current immigration laws, crimes involving moral turpitude, drug trafficking, and ties to a terrorist group are some of the most common reasons USCIS initiates green card revocation. If a person is convicted after receiving an immigrant visa, the government may determine they no longer qualify for immigration benefits, even if their priority date was years ago.
Being placed in removal doesn’t automatically mean you’ll lose your card. But the legal process is serious. With the right legal guidance, you may still respond, adjust your immigration status, or file a new petition, depending on the case.
If you’re facing revocation for criminal grounds, it’s essential to stay informed and act quickly.
Can USCIS Revoke Without Notice? What About Due Process?
Many green card holders worry that their permanent resident status can be taken away without warning. But the truth is, citizenship and immigration services (USCIS) cannot revoke your status silently. Every action must follow a clear legal process.
If USCIS believes there’s a legal issue, such as fraud, false information, or security concerns, it must issue a formal notice. This gives the person an opportunity to respond, submit evidence, or appear at a hearing.
There are different procedures depending on the issue. For example:
- Filing Form I-407 means voluntarily giving up permanent residence.
- A rescission action (under INA §1256) allows immigration services to reverse an approved petition, but only within 5 years.
- If more serious concerns exist, such as threats to national security, the case goes to removal proceedings, where an immigration judge decides.
In all of these, due process applies. You have the right to a hearing, to review your case file, and to defend your immigration status with help from an attorney.
What Recent Policy Changes Should You Know About in 2025?
Not every crime will cost you a green card, but some do. U.S. immigration laws list serious offenses like drug trafficking, violent crimes, or fraud as grounds for deportation. These are called crimes involving moral turpitude. If an immigration judge orders removal under INA §237(a)(2), your green card is automatically revoked.
This isn’t instant. You get formal notice, a hearing, and a chance to get legal guidance. But once the judge decides, your lawful permanent residency ends.
Sometimes, the issue isn’t the crime—it’s hiding it. Failing to disclose a conviction during the process can lead to the same outcome. Always be honest and get legal advice early.
Case Examples and Common Triggers for Revocation
No, your green card can’t be taken away silently. USCIS must follow a legal process. That means you’ll get a formal notice before any action is taken, whether it’s a rescission under INA §246 or a removal case in immigration court.
There are three main paths:
- Form I-407: If you sign this, you give up your status voluntarily.
- Rescission by USCIS: Usually applies within the first 5 years if they believe you were never eligible.
- Removal proceedings (EOIR): This happens through the court, often for fraud, abandonment, or other grounds.
You have the right to respond, show documents, and be heard. If you’re facing revocation, don’t go it alone. A qualified attorney can protect your rights and explain what USCIS considers in your case.
Warning Signs You Might Be at Risk
Missed your I-751 deadline? Took a long trip without maintaining U.S. ties? These are early warnings.
Other signs include a criminal record, pending deportation proceedings, or receiving an NTA. USCIS may act if it suspects fraud, security risks, or false information on your petition.
Even a withdrawn petition or skipped tax filings can raise concern. If you’re facing revocation or unsure about your green card status, don’t wait. Legal guidance early on can protect your future.
How Chidolue Law Firm Helps You Protect Your Green Card
At Chidolue Law Firm, we know green card issues can feel overwhelming, but you don’t have to face them alone. If you’re dealing with a missed filing, criminal concern, or sudden USCIS notice, we help you respond the right way.
From preparing strong evidence for I-751s to defending against removal proceedings, our team offers focused legal guidance for every step. We also advise LPRs before international travel and assist with maintaining continuous residence.
If your permanent residency is at risk, we build a legal strategy that protects your future and gives you peace of mind.
A Green Card Is Permanent—But Not Untouchable
Most lawful permanent residents never expect their green card to be taken away. But with changing immigration laws, increased enforcement, and strict deadlines, even honest mistakes can lead to serious consequences.
If you’re worried about travel, missed forms, or past issues that might affect your status, don’t wait until it’s too late. At Chidolue Law Firm, we help permanent residents stay protected before problems arise.
📞 Call The Chidolue Law Firm today at:
➡ 407-995-6567
➡ 678-325-1037
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➡ 404-333-8751
Let us review your case, answer your questions, and give you clear steps to secure your future. Schedule a private consultation with our green card protection team today.
