When can USCIS revoke a permanent green card?

Asked 3 months ago - Los Angeles, CA

Besides the title question, I'd appreciate if you could explain to me if a person gets a brand new permanent green card, while he's on a leave on a travel doc, so does not have his green card in his possession, which was granted to him while he was away, can he be banned from entering the US assuming there was some disclosure of fraud while he was away? The point is can a new permanent green card be revoked and if a ban to enter the US can occur if the USCIS sees it fit while he's away OR with a permanent green card it's hard to be revoked and just be banned from entering the US so easily?

Attorney answers (3)

  1. Karin Wolman

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . If USCIS determined that your green card was issued in error because it was obtained by fraud, then yes they can revoke it. This is true regardless of where you happen to be at the time, whether you are in the US or abroad when the fraud determination was made. I would strongly suggest at this point that you consult an immigration attorney individually about the specific details of your situation, which are clearly not appropriate for discussion in an open online forum.

    This is general information only. It is not intended as a substitute for legal advice, and does not create an... more
  2. Robert Kennedy O'Reilly

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . Let's first make a distinction between permanent residency and conditional permanent residency. Conditional permanent residency is for the first two years of a marriage; assuming that the I-751 is properly filed and granted, the alien spouse becomes a permanent resident. Let's put that aside.

    A permanent resident can lose his or her status for immigration fraud, criminal activity, such as a crime of moral turpitude, or an aggravated felony, and for abandonment, by living outside of the United States for more than six months. Obviously, all of these rules are quite technical. Of course, the cards themselves also expire, usually within 10 years. And obviously, the fact that the permanent resident may be out of the United States will not prevent the loss of permanent residency status -- it may even cause it.

  3. Alexander M. Ivakhnenko

    Contributor Level 20

    2

    Lawyers agree

    Answered . An LPR status may be revoked and the card cancelled upon finding of fraud and commission of certain aggravated state or federal felonies.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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