The rights of green card holders in America have been called into question by the arrest of Mahmoud Khalil.
Khalil came to the U.S. on a student visa and thereafter acquired a green card when he married a citizen. He was arrested by Immigration and Customs Enforcement (ICE) agents for his role in anti-Israel protests by students at Columbia University in New York last year.
Khalil is currently awaiting immigration court proceedings that could result in the revocation of his green card and subsequent deportation.
His arrest has sparked debates about its legality, raising questions such as: ‘Can the President deport a green card holder?’ ‘Do green card holders have freedom of speech?’ ‘Isn’t a green card permanent?’
As expert immigration attorneys, in this blog, we give answers to these burning questions and more.
What is a green card?
A green card, formally known as “Permanent Resident Card,” is an identification document that serves as proof of a non-U.S. citizen’s legal status.
A green card holder, also called “Legal Permanent Resident (LPR),” is a foreign national who has been granted the privilege to permanently live and work in the United States.
Each year, the U.S. government issues over one million green cards. In 2023, almost 1,173,000 persons became LPRs of the U.S.
There are various ways for obtaining LPR status. A non-citizen can be eligible for a green card through the following (but not limited to):
- Sponsorship by a close family member who is a U.S. citizen or permanent resident.
- Sponsorship by an employer.
- Making investments that create a certain number of U.S. jobs (investor visas).
- Being from countries with low levels of immigration to the U.S.(diversity visas).
- Being present in the United States in refugee or asylee status.
There are two main ways for a non-citizen to obtain a green card: adjustment of status (within the U.S.) or consular processing (at a U.S. embassy or consulate abroad).
In Khalil’s case, he was sponsored by a U.S. citizen (his wife) and he got his green card through adjustment of status.
Generally, green cards are valid for 10 years (or 2 years in the case of a conditional resident) subject to renewal, just like how U.S. citizens need to renew their passports.
However, green cards issued between January 1977 and August 1989 never have to be renewed as they do not have expiry dates, and there is currently no law requiring them to do so.
What are the rights of a green card holder?
A green card holder is protected by all U.S. laws— federal, state and local. The same protections available to a U.S. citizen under the Constitution apply to a permanent resident as well, including free speech and the right to assemble.
Rights enjoyed by a LPR include:
- Right to live and work anywhere in the U.S.
- Right to own property.
- Right to attend schools, colleges, and universities (and to apply for government-sponsored financial aid).
- Right to obtain a Social Security number and driver’s license.
- Right to enjoy certain public benefits.
- Right to travel within and outside the U.S.
- Right to sponsor other family members for a green card.
Additionally, a permanent resident may join the Armed Forces and may apply to become a U.S. citizen upon meeting certain eligibility requirements.
Limitations to a green card holder’s rights
There is the common misconception that because a green card is called “permanent residency,” the status is actually permanent. But that couldn’t be further from the truth. Having a green card doesn’t mean deportation is off the table.
A green card is not in itself citizenship, although it may be a route to becoming a U.S. citizen. Nevertheless, LPR status doesn’t guarantee permanent residence under all circumstances.
A green card holder can be deported when they violate immigration law regardless of the number of years they’ve spent in the U.S. or family relationships with a U.S. citizen.
Unlike U.S. citizens, permanent residents cannot vote in elections, run for political office, hold public office or serve on a jury.
Common grounds for green card revocation
Here’s a look at some circumstances under the Immigration and Nationality Act (INA) a green card holder may lose their status:
1. Criminal activity
A green card holder may lose their status if convicted of any of the following crimes:
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Aggravated felonies (e.g., drug trafficking, firearms offenses, murder, or sexual abuse of a minor).
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Violent crimes (e.g., assault with a deadly weapon or domestic violence).
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Theft and burglary (e.g., shoplifting, robbery, or breaking into a property).
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Illegal voting (e.g., registering to vote or voting in federal elections).
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Terrorist activities (e.g., associating with or financing a terrorist group).
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Espionage or sabotage (e.g., spying, collecting information for foreign governments, or attempting to overthrow the U.S. government).
2. Fraud or willful misrepresentation
A green card may be revoked if it was obtained through fraud (e.g., document fraud, identity theft) or willful misrepresentation (e.g., withholding prior immigration violations or criminal history).
3. Staying outside the U.S. for an extended period
Permanent residents must maintain the U.S. as their primary residence. Staying outside the U.S. for more than 12 months without a reentry permit may be considered abandonment of status.
4. Failure to report a change in address
A green card holder must notify U.S. Citizenship and Immigration Services (USCIS) of any address change within 10 days by completing Form AR-11 online or submitting a paper form by mail.
5. Becoming a Public charge
Green card holders who rely heavily on certain government benefits may be subject to removal if deemed a public charge under U.S. immigration law.
6. Dissolution of marriage within two years
If a green card was obtained through marriage and the marriage ends within two years, USCIS may review its legitimacy, which could result in revocation.
Process for green card revocation
The process for green card revocation typically follows these steps:
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Notice to appear
The U.S. government usually initiates the process if they believe a LPR has violated immigration laws. The green card holder receives a document known as a Notice to Appear in immigration court or, in serious cases, they may be arrested and detained by ICE agents.
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Immigration court hearings
The decision to revoke a green card is conducted by the Department of Justice. Officials present evidence before an immigration judge to justify revoking a LPR’s status.
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Appeals process
If the judge revokes a LPR’s status followed by a deportation order, they may appeal the decision through the Board of Immigration Appeals or federal courts. If the appeal is successful, they keep their green card and remain in the country.
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Final deportation order and removal
If all appeals fail, a person whose green card has been revoked may be removed from the U.S.
It is worth mentioning that a LPR cannot be stripped of their status in the U.S. without the due process highlighted above.
Can a revoked green card be reinstated?
A green card may be reinstated in certain situations. For example, if an appeal against revocation is successful, permanent resident status can be restored.
Also, the option of reapplying for a green card may be available to a person who lost it through deportation subject to certain eligibility requirements.
Additionally, where a green card was revoked due to voluntary abandonment or by being outside of the U.S. for an unauthorized period of time, there may be the option of reapplying for reinstatement by applying for a returning immigrant visa (SB-1) at the nearest U.S. embassy or consulate abroad. However, to qualify for returning resident status they must show that:
- They remained a lawful permanent resident as at the time of departure from the U.S.
- They departed the U.S. with intention to return
- Their extended period of stay overseas was due to circumstances beyond their control
- They maintained business and family ties to the U.S.
- They filed their U.S. income tax returns while abroad
- They did not own property while abroad
- They are returning to a home or property that remained in their possession in the U.S.
What is the fate of Mahmoud Khalil?
The U.S. government is alleging that Khalil’s participation in pro-Palestine protests is aligned to Hamas, a terrorist organization and that his presence in the country is a threat to national security and foreign policy interests.
The government is further accusing Khalil of concealing information. Alleging that he willfully failed to disclose his previous employment with the British government and his membership of a United Nations agency that helps Palestinian refugees, when he applied to become a permanent U.S. resident last March.
However, Khalil has not been convicted of any terrorist-related activity or charged with any wrongdoing. When he was arrested, ICE officials were acting on a State Department order to revoke his green card. A federal judge has issued a ruling blocking his deportation by the government pending the court’s review of his case.
In order to deport Khalil, the government has to present clear and convincing evidence before an immigration judge.
Contact green card expert attorney in New York
If you are facing a green card revocation, deportation, need help reinstating a green card or getting a new green card, or have other concerns about your immigration status, use this form to schedule a consultation, or contact us on +15169636672 or +1-516-487-3831, we’d love to talk with you.
At The Law Offices of Anne Z. Sedki, our green card expert attorneys can support you through complex immigration situations that threaten your LPR status, by offering careful attention tailored to your unique situation. Our offices are located in New York and New Jersey.