The U.S. government is enforcing stricter rules on Green Cards held by lawful permanent residents (LPRs) who have certain criminal convictions. Under the Immigration and Nationality Act (INA), convictions for fraud, crimes of dishonesty or aggravated felonies can trigger US Green Card cancellation. The Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) are now applying these rules more rigorously—both when LPRs re‑enter the country and during routine internal record reviews.
Legal Basis for Revocation
-
Statutory Authority
INA § 237(a)(2) empowers DHS to begin removal proceedings when an LPR is convicted of:-
A crime involving moral turpitude (CIMT) within five years of admission, or
-
An aggravated felony at any time after admission.
-
-
Notice to Appear (NTA)
-
DHS investigates the individual’s criminal record.
-
When it finds a disqualifying conviction, DHS issues an NTA, officially starting removal proceedings.
-
-
Immigration Court Proceedings
-
The LPR must appear before an Immigration Judge.
-
The judge reviews the record, hears arguments on admissibility and relief.
-
If the judge orders removal, DHS instructs USCIS to cancel the Green Card.
-
Step‑by‑Step Process
-
Record Flagging
-
When an LPR’s criminal conviction enters federal or state databases, USCIS and CBP systems automatically scan for disqualifying offenses.
-
The TECS (Automated Targeting System) and IDENT (biometric) databases match the individual’s fingerprints and biographical data against conviction records.
-
Once the system identifies a qualifying conviction, it creates an electronic “alert” on the person’s immigration file, marking them for further review.
-
-
Issuing the Notice to Appear (NTA)
-
DHS prepares Form I‑862, Notice to Appear, charging the LPR with removability under INA § 237(a)(2).
-
The NTA lists each conviction, the legal basis for removal, and the date, time, and location of the initial hearing.
-
DHS serves the NTA in person or by certified mail. The clock for court proceedings starts on the service date.
-
-
Court Appearance
-
The LPR attends a master calendar hearing, where the Immigration Judge explains the charges and the individual enters a plea (usually “denied” or “not admitted”).
-
At the merits hearing, evidence is presented by DHS and the LPR’s attorney, who may argue for relief or waivers.
-
Missing a hearing date results in a “removal order in absentia,” which cancels the Green Card without further review.
-
-
Final Order and Revocation
-
If the Immigration Judge finds the LPR removable and denies any relief, the judge signs a final removal order.
-
DHS notifies USCIS, which issues Form I‑871, Notice of Intent to Revoke and/or Terminate Lawful Permanent Resident Status.
-
Upon receipt of Form I‑871, the individual’s Green Card is officially cancelled. The person is taken into DHS custody for removal proceedings or voluntary departure.
-
Green Card Eligibility and Abandonment Rules
Lawful permanent residents risk US Green Card cancellation if they abandon their U.S. residence. Abandonment happens when a Green Card holder stays abroad too long without proper authorization or shows no clear intention to keep U.S. ties.
1. How Abandonment Is Presumed
-
Stays over 12 months without a valid Reentry Permit (Form I‑131) automatically trigger a presumption of abandonment. The permit, filed before leaving the U.S., protects your status for up to two years.
-
Failing to file U.S. tax returns as a resident alien signals foreign residence. The IRS expects permanent residents to file Form 1040 or 1040NR each year.
-
Long‑term foreign work or study without maintaining U.S. connections—like a home, bank account, or driver’s license—can show you no longer intend to live here, per INA § 101(a)(13).
2. Securing a Reentry Permit (Form I‑131)
-
File before departure. Submit Form I‑131 at least 90 days before your trip to avoid timing issues.
-
Valid for two years. Use it for multiple trips back to the U.S. during that period.
-
Keep proof of approval. Carry the permit and your Green Card when reentering.
3. Maintaining U.S. Ties
-
U.S. address: Maintain a lease, mortgage, or utility bills in your name.
-
Bank accounts: Keep at least one active checking or savings account.
-
Tax filings: File federal and state returns as a resident even while abroad.
4. Documenting Travel
-
I‑94 records: Download your arrival/departure history from CBP.
-
Travel receipts: Save boarding passes, itineraries, and hotel invoices to prove short trips.
Practical Tip: If you anticipate being away more than a year, apply for a Reentry Permit at least three months before departure. If you must stay longer, consider filing for a returning resident visa (SB-1) through the nearest U.S. consulate.
USCIS Green Card Rules on Maintaining Status
USCIS issues Green Cards under strict rules. Failure to follow these rules can lead to USCIS Green Card rules violations and cancellation.
-
Renewal and Replacement (Form I‑90)
-
Card expires every 10 years.
-
File Form I‑90 six months before expiration
-
Carry a valid card when reentering the U.S.
-
-
Address Reporting (Form AR‑11)
-
Must notify USCIS within 10 days of any address change.
-
-
Conditional Residents
-
Marriage-based and investor cards often conditional for two years.
-
File Form I‑751 or I‑829 to remove conditions within 90 days before expiration.
-
-
Naturalization Eligibility
-
After five years (three years if married to a U.S. citizen), you may apply for citizenship
-
Practical Tip: Track expiration dates and file renewals early. Set calendar reminders six months in advance.
Impact on Nigerians and Other Nationals
The new policy follows recent tightening of Nigerian visa rules at U.S. embassies. Nonimmigrant visa validity dropped to 90 days for many nationals. Now, Green Cards held by Nigerians face extra scrutiny.
-
Fraud Audits: Embassies and USCIS request updated police certificates and court records.
-
Interview Waivers Ended: More in-person interviews at consulates and USCIS offices.
-
Higher RFE Rates: Requests for evidence on criminal history, continuous residence, and financial records.
Practical Tip: Nigerians with pending petitions should update all background checks and maintain clear criminal records.
Enforcement at Ports of Entry: Mandatory Detention
CBP enforces Green Cards rules at U.S. borders. Lawful permanent residents with disqualifying convictions face detention.
-
Inspection Process
-
Present Form I‑551 (Green Card) to CBP officer.
-
Officer reviews criminal hits via TECS database.
-
-
Detention Triggers
-
Aggravated felony convictions.
-
Crimes involving moral turpitude.
-
Abandonment indications (no valid card, long absence).
-
-
Immediate Consequences
-
Detention pending immigration court.
-
Expedited removal for inadmissibility.
-
-
Rights and Relief
-
Right to hearing before Immigration Judge under INA § 240.
-
Motion for bond under INA § 236.
-
Possible relief: cancellation of removal, waiver applications.
-
Practical Tip: Carry certified court disposition records when traveling abroad to expedite review.
Preventing Green Card Cancellation: Best Practices
Follow these steps to protect your Green Cards and avoid US Green Card cancellation:
-
Stay Law-Abiding
-
Avoid fraud-related conduct.
-
Seek legal advice before plea deals.
-
-
Track Residency
-
File I‑131 for long trips.
-
Retain proof of U.S. ties.
-
-
Meet USCIS Deadlines
-
Renew cards early (Form I‑90).
-
Remove conditions timely (Form I‑751/I‑829).
-
-
Report Changes
-
Update address (Form AR‑11).
-
Notify USCIS of name changes (Form AR‑11).
-
By understanding Green Card eligibility, US Green Card cancellation grounds and USCIS Green Card rules, residents—especially Nigerians and other nationals—can protect their status. Act early, keep complete records, and consult experts. Compliance ensures you retain your Green Cards and secure your future in the United States.
