Can a green card holder be deported? U.S. deportation process, reasons, and how to protect your status
Introduction: why the deportation question matters in 2025
Receiving your green card – whether through EB‑1 extraordinary ability, EB‑2 NIW, EB‑3 skilled worker, EB‑4 special immigrant status, or EB‑5 investment – marks a major life achievement. It is the result of years of preparation, investment, and dedication to building a future in the United States.
But unsettling stories often circulate: an EB‑5 investor who lost their status when a project failed, a professional detained at the airport, or a lawful permanent resident receiving a notice to appear in immigration court. These situations raise an important question:
Can a green card holder be deported?
The short answer is yes, but only under specific legal conditions defined by U.S. immigration deportation rules. In this guide, we explain how deportation works in the U.S., detail the U.S. deportation process, and show how you can protect your residency.
Green card renewal services page
Understanding the U.S. deportation process
EB‑1 to EB‑5 overview and eligibility criteria
In U.S. immigration law, deportation (also known as “removal”) is the legal process of expelling a foreign national from the country. For green card holders and visa holders, the process generally includes:
- Receiving a notice to appear in immigration court
- Entering removal proceedings before an immigration judge
- The government presenting its burden of proof in a deportation case
- Potential appeals to higher courts
Under deportation due process, the government must present clear and convincing evidence to justify removal. Understanding these steps is essential for any lawful permanent resident.
Reasons a green card holder can be deported
Criminal convictions and aggravated felony immigration law
Under U.S. immigration law 2025, the most common green card holder deportation reasons include:
- Criminal convictions, including those defined under aggravated felony immigration law, certain drug offenses, or crimes of moral turpitude
- Immigration fraud deportation, such as misrepresentation in applications, fraudulent marriages, or falsified claims for EB category qualifications
- Residency abandonment green card situations, including long absences abroad without a reentry permit or failure to file U.S. tax returns
- National security immigration cases, such as links to terrorism or involvement in political deportation cases – USA
Even long-time residents can face deportation of green card holders if they fail to meet these legal obligations.
Deportation of visa holders
Immigration fraud deportation cases
Although this article focuses on lawful permanent residents, deportation of visa holders can occur for reasons such as overstaying the visa, violating its terms, or posing a security risk. In such cases, the U.S. visa cancellation process determines whether the visa will be revoked, and overstaying can trigger visa overstay consequences in the USA, including expedited removal immigration at a port of entry.
EB visa category-specific deportation risks
National security and political deportation cases USA
Each EB visa category carries unique compliance requirements that, if not met, can lead to removal:
- EB‑5 investor green card: Risk of deportation for investment fraud or failure to meet job creation requirements during the conditional period
- EB‑4 special immigrant green card: Misuse of the specific designation granted under this category
- EB‑1 green card / EB‑2 NIW: Discovery of fraudulent claims about qualifications or extraordinary ability after approval
Conditional green card status – higher stakes for EB‑5 investors
Some categories, particularly EB‑5, grant a two-year conditional green card. To keep your residency, you must:
- File Form I‑829 before the card’s expiration date
- Provide sufficient evidence that you have met all program requirements
Failing to remove these conditions can initiate the U.S. deportation process and place you in removal proceedings – USA. Our conditional green card removal guide explains how to stay compliant and avoid this risk.
Can a green card holder be deported at the airport?
Although rare, customs and border protection deportation can happen if, during reentry, officers identify issues such as immigration fraud, a criminal record, or evidence of abandoning your U.S. residence. These situations can lead to denied entry at the U.S. border or even expedited removal immigration without a full court hearing.
The immigration court process
Step‑by‑step form I‑90 renewal process
If you are placed in removal proceedings, the process generally involves:
- Receiving a notice to appear in immigration court
- Attending hearings before an immigration judge
- Contesting the government’s claims by challenging the burden of proof in the deportation case
- Presenting evidence of lawful status or eligibility for relief
Relief options may include cancellation of removal, waivers, or asylum. Knowing your rights of immigrants in deportation proceedings is critical to building a strong defense.
Protecting your residency from deportation
Understanding burden of proof in a deportation case
Every green card holder should take proactive steps to reduce the risk of removal:
- Maintain continuous residence in the United States
- File and pay U.S. taxes annually
- Keep documentation of strong ties to the U.S., such as home ownership, employment, or investments
- Avoid criminal activity and immigration violations
EB-specific strategies:
- EB‑5: Keep detailed evidence of your investment and job creation results
- EB‑1 / EB‑2: Maintain updated proof of your professional work in the U.S.
- EB‑4: Stay within the scope of your authorized role
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Case study: how we prevented a deportation
Customs and border protection deportation scenarios
An EB‑5 investor client faced possible deportation of green card holders when project delays jeopardized compliance. HAYMAN-WOODWARD stepped in quickly – compiling updated job creation data, submitting the required I‑829 petition on time, and ensuring the client could continue traveling internationally without risk of removal.
How HAYMAN-WOODWARD can help you navigate U.S. deportation rules
Visa overstay consequences USA and expedited removal immigration
At HAYMAN-WOODWARD, we combine in‑depth knowledge of U.S. immigration deportation rules with decades of hands‑on experience guiding both green card holders and visa holders through complex legal challenges – from removal proceedings to proactive compliance planning.
Our services include:
- Strategic defense in the U.S. deportation process, including full representation in the immigration court process
- Compliance audits for EB‑1 to EB‑5 holders to prevent green card deportation reasons from becoming issues
- Verification of EB‑5 investments and job creation to avoid residency abandonment green card risks
- Guidance on how the U.S. visa cancellation process works and how to avoid visa overstay consequences – USA
- Travel planning to reduce risks of denied entry at U.S. border or customs and border protection deportation issues
Contact HAYMAN-WOODWARD today for expert defense and strategic compliance support.