Facing the possibility of losing your legal status in the U.S. can be overwhelming, whether you are a green card holder, visa holder, or another type of immigrant. A revoked immigration status can lead to deportation, difficulty returning to the U.S., and challenges in securing employment or legal rights. However, losing status is not always final—there are legal options to fight back and defend your right to stay.
Understanding the reasons behind green card revocation or visa cancellation is the first step in protecting yourself. U.S. immigration authorities can revoke status for various reasons, including criminal convictions, fraud, or extended absences from the country. In some cases, even unintentional mistakes on paperwork can put your residency at risk.
If you find yourself in this situation, acting quickly is critical. Seeking legal counsel, gathering supporting documents, and filing appeals or waivers can increase your chances of maintaining your immigration status. With the right approach and legal guidance, many individuals successfully challenge revocation and continue living in the U.S. without fear of deportation.
Can Your Green Card Be Taken Away?
Yes, the U.S. government can take away your green card under certain circumstances. The United States Citizenship and Immigration Services (USCIS) or an immigration court may revoke a green card if a person:
- Commits fraud or misrepresentation on their immigration application.
- Stays outside the U.S. for too long without a reentry permit.
- Gets convicted of certain crimes, such as drug offenses or fraud.
- Fails to file taxes as a U.S. resident or declares themselves a “non-resident” for tax purposes.
If your permanent resident status is at risk, you have legal options to fight back. An immigration lawyer can help you understand your situation and prepare a defense.
Reasons Why Your Legal Status May Be Revoked
Your immigration status can be revoked for several reasons. Here are the most common:
1. Criminal Convictions
Certain crimes can lead to green card revocation or visa cancellation. These include:
- Drug trafficking
- Fraud or identity theft
- Domestic violence
- Aggravated felonies
Even minor crimes can be a problem if USCIS considers them a violation of immigration laws.
2. Immigration Fraud
If you provided false information on your visa or green card application, the government can revoke your status. This includes marriage fraud, where someone marries a U.S. citizen only to gain legal position.
3. Abandonment of Permanent Residency
A green card holder must live in the U.S. most of the time. If you stay outside the country for more than one year without a reentry permit, USCIS may assume you abandoned your residency.
4. Public Charge Rule
Although changes have been made to the public charge rule, receiving certain government benefits for a long time may raise concerns about your ability to support yourself.
5. Mistakes in Immigration Paperwork
Errors in applications, missing documents, or failing to respond to USCIS requests can lead to revocation. Always double-check paperwork and respond to USCIS notices on time.
How to Fight Revocation of Your Legal position
If you receive a Notice of Intent to Revoke (NOIR) or Notice to Appear (NTA) in immigration court, take these steps:
1. Contact an Immigration Lawyer Immediately
An experienced immigration attorney can assess your case, file appeals, and represent you in court.
2. Gather Strong Evidence
You need to provide proof that you deserve to keep your status. This may include:
- Tax returns
- Employment records
- Proof of U.S. residence
- Witness statements
3. File an Appeal with USCIS or the Immigration Court
If USCIS or the Board of Immigration Appeals (BIA) revokes your status, you may have the right to file an appeal. Appeals must be filed within strict deadlines, so act quickly.
4. Request a Waiver or Adjustment of Status
Some immigration laws allow waivers for certain offenses. If eligible, you can apply for a waiver to keep your legal position.
5. Prove Your Intent to Stay in the U.S.
If accused of abandoning your green card, show proof that you maintained U.S. ties. Examples include:
- Owning property in the U.S.
- Paying U.S. taxes
- Keeping a U.S. driver’s license
What to Do If You Are in Deportation Proceedings
If your green card or visa is revoked, you may face removal proceedings. Here’s what to do:
Steps to Take During Deportation Proceedings
- Attend All Immigration Hearings – Missing court dates can lead to automatic deportation.
- Hire an Immigration Lawyer – A lawyer can argue your case and challenge the revocation.
- Apply for Cancellation of Removal – If eligible, you may request to stay in the U.S.
- Seek Asylum or Other Protection – Some people qualify for asylum if returning home is dangerous.
Common Reasons for Revocation & Possible Defenses
| Reason for Revocation | Possible Defense |
| Criminal Conviction | Prove rehabilitation, apply for waiver |
| Immigration Fraud | Show truthful intent, correct errors |
| Long Absence from U.S. | Provide evidence of ties to U.S. |
| Public Charge Concerns | Show financial independence |
| USCIS Paperwork Mistakes | File corrections, submit missing documents |
How Can an Immigration Lawyer Help You?
If your green card or visa is at risk, hiring an immigration lawyer can greatly improve your chances of keeping your legal status. Immigration law is complex, and one mistake can lead to deportation. Here’s how a lawyer can help:
1. Legal Advice on Your Case
An immigration attorney will analyze your situation, explain your legal options, and advise you on the best course of action. They can identify mistakes in your case and suggest ways to fix them.
2. Prepare Strong Legal Defense
If USCIS or an immigration court is trying to revoke your status, a lawyer will gather evidence, draft legal arguments, and fight for your rights.
3. File Appeals and Waivers
If your legal status is revoked, you may be able to file an appeal or request a waiver. An attorney will ensure all paperwork is completed correctly and submitted on time.
4. Represent You in Immigration Court
If you receive a Notice to Appear (NTA) in immigration court, a lawyer can represent you during hearings and present your case to the judge. This increases your chances of avoiding deportation.
5. Help with USCIS Applications and Requests
Many revocations happen due to errors or missing documents. A lawyer can help you properly file applications, respond to USCIS requests, and fix past mistakes.
6. Negotiate Alternatives to Deportation
If your legal position cannot be saved, a lawyer may help you apply for cancellation of removal, asylum, or other relief programs that allow you to stay in the U.S. legally.
7. Guide You on Naturalization
If you are eligible for U.S. citizenship, a lawyer can guide you through the naturalization process and help prevent issues that may lead to status revocation.
Hiring an immigration lawyer can be the difference between staying in the U.S. or facing deportation. If you are at risk of losing your legal position, consult a lawyer immediately for expert assistance.
Final Thoughts
Losing your legal status in the U.S. is stressful, but it is not always the end. Many people successfully fight green card revocation and deportation. The key is to act quickly, understand your rights, and get professional legal help. Whether you need to file an appeal, apply for a waiver, or defend yourself in immigration court, knowing your options can make a huge difference. If you or someone you know is facing legal status issues, seek guidance from an immigration lawyer today.
FAQs
1. How can I check if my green card is revoked?
You may receive a Notice of Intent to Revoke (NOIR) or a deportation notice. You can also check your case status on the USCIS.
2. Can I get my green card back after it’s revoked?
In some cases, you can appeal or apply for a waiver. Consult an immigration lawyer for options.
3. How long can I stay outside the U.S. without losing my green card?
A green card holder can stay outside the U.S. for up to one year without a reentry permit.
4. Will I be deported immediately if my status is revoked?
Not always. You have the right to fight your case in immigration court before deportation happens.
5. What should I do if I receive a USCIS revocation notice?
Contact an immigration lawyer immediately and prepare to defend your case.
6. Can I still apply for U.S. citizenship if my green card is at risk?
If your green card is in good standing, you may apply for U.S. citizenship through naturalization. However, if USCIS is reviewing your legal status, applying for citizenship could trigger more scrutiny.
Before applying, check:
- That your green card is valid and not under investigation.
- That you have met continuous residence and good moral character requirements.
- If you have any past issues (e.g., criminal history, tax problems), speak to an immigration lawyer before applying.
Applying for citizenship could either protect your status or make it more vulnerable, so professional advice is crucial.
