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Can a Green Card Be Revoked by USCIS? | American Visa Law Group

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Can a Green Card Be Revoked by USCIS?

Getting your U.S. Green Card is one of the proudest moments in any immigrant’s life. It represents security, freedom, and a sense of belonging — the right to live and work in the United States permanently. 🇺🇸

But here’s what many people don’t realize: a Green Card can, in fact, be revoked or rescinded by USCIS under certain circumstances. Permanent residency doesn’t mean unconditional residency. If the government later discovers fraud, serious criminal activity, or that you’ve abandoned your life in the U.S., it can take steps to cancel your Green Card — even years after it was approved.

In 2025, USCIS continues to tighten its review process, investigating cases where permanent residents may have violated immigration or criminal laws, failed to meet residency requirements, or obtained their Green Cards through misrepresentation.

The good news? Most revocations are preventable — if you understand the reasons behind them.

In this guide, we’ll break down exactly when and why USCIS can revoke a Green Card, what happens if it does, and what steps you can take to protect your status. Because staying informed isn’t just smart — it’s your best defense. 🌿

 

⚖️ Yes, USCIS Can Revoke a Green Card

Yes, USCIS Can Revoke a Green Card

A Green Card gives you the right to live and work permanently in the United States — but it doesn’t guarantee that right forever. Under U.S. immigration law, USCIS has the authority to revoke or rescind a Green Card if it finds that the person is no longer eligible for lawful permanent residence or obtained it through improper means.

There are two main ways a Green Card can be taken away:

  1. Rescission – This happens when USCIS determines that your Green Card was approved in error. For example, if new evidence shows you weren’t actually eligible at the time of approval, USCIS may issue a Notice of Intent to Rescind within five years of your Green Card being granted.
  2. Revocation through Removal Proceedings – This is a more formal process handled in immigration court. It happens when USCIS or ICE alleges that you’ve violated immigration or criminal laws, committed fraud, or abandoned your residency. A judge then decides whether your permanent resident status should be revoked.

💡 Important distinction:
Rescission is administrative and handled directly by USCIS. Revocation through removal proceedings, on the other hand, involves a court hearing before an immigration judge, where you have the right to present evidence, defend your case, and appeal any decision.

Even though Green Cards are considered “permanent,” the law makes it clear that permanent residency depends on continued eligibility — including honest application records, lawful conduct, and ongoing ties to the U.S.

In the next section, we’ll look at the most common reason Green Cards get revoked — fraud or misrepresentation during the application process.

 

🚨 1. Green Card Obtained by Fraud or Misrepresentation

Green Card Obtained by Fraud or Misrepresentation

The most common reason USCIS revokes a Green Card is fraud or willful misrepresentation. This happens when someone provides false information or hides key facts to get immigration benefits they wouldn’t otherwise qualify for.

Fraud can occur at any stage of the immigration process — from the initial visa application to the adjustment of status interview. Even if USCIS approved your Green Card years ago, if it later discovers deception, it can take action to rescind your status.

Here are the most frequent examples of Green Card fraud that lead to revocation:

  • Marriage fraud — entering into a fake or sham marriage solely to obtain immigration benefits.
  • False statements — lying about your marital status, age, education, or employment history.
  • Fake documents — submitting falsified birth certificates, tax returns, or employment letters.
  • Concealing facts — failing to disclose a prior marriage, criminal record, or immigration violation.
  • Misrepresentation during interviews — providing inconsistent answers or withholding information from USCIS officers.

When USCIS suspects fraud, it usually begins an investigation and may issue a Notice of Intent to Rescind (NOIR) or Notice of Intent to Deny (NOID). You’ll be given an opportunity to respond and present evidence to defend your case.

💡 Pro tip: Always be truthful and consistent with your immigration filings. If you realize an error was made on a past form, correct it as soon as possible — before USCIS discovers it. Voluntary disclosure can make a huge difference in how your case is treated.

If fraud is confirmed, USCIS can revoke your Green Card and refer the case to the Department of Homeland Security (DHS) for removal proceedings. However, with the help of an experienced immigration attorney, you may be able to appeal or reopen the case with supporting documentation.

Next, let’s look at another serious ground for revocation — criminal convictions that can cost you your permanent resident status.

 

🧾 2. Serious Criminal Convictions

Serious Criminal Convictions

Another major reason USCIS can revoke a Green Card is a criminal conviction — especially if the crime is considered an aggravated felony or a crime of moral turpitude under U.S. immigration law.

When you become a lawful permanent resident, you agree to abide by federal and state laws. If you are later convicted of certain crimes, USCIS and ICE can begin removal proceedings to take away your permanent residency and, in some cases, deport you.

Common offenses that may lead to Green Card revocation include:

  • Drug-related crimes, such as trafficking or possession with intent to distribute.
  • Violent crimes, including domestic violence, assault, or sexual offenses.
  • Fraud or theft, including tax fraud, identity theft, and credit card fraud.
  • Crimes of moral turpitude, which involve dishonesty or intent to harm another person.
  • Repeat offenses, showing a pattern of disregard for the law.

Even if a sentence seems minor, immigration consequences can be severe. Some convictions automatically trigger inadmissibility or deportability, meaning you could lose your Green Card — even after serving your time.

💡 Pro tip: If you’re ever arrested or charged with a crime as a Green Card holder, do not plead guilty without speaking to an immigration attorney first. A plea that seems like a shortcut could lead to deportation later.

In some cases, waivers, post-conviction relief, or expungement may help protect your status. An experienced immigration lawyer can review your case and determine if you qualify for legal remedies.

Next, we’ll explore another situation where lawful permanent residents risk losing their Green Cards — abandoning U.S. residency.

 

🌎 3. Abandonment of U.S. Residency

Abandonment of U.S. Residency

One of the lesser-known but very real reasons a Green Card can be revoked is abandonment of U.S. residency. Having a Green Card means you’re declaring the United States as your primary, permanent home — and if your actions suggest otherwise, USCIS or Customs and Border Protection (CBP) can determine that you’ve abandoned your status.

This often happens when Green Card holders spend extended periods outside the United States or establish strong ties abroad. Even if your Green Card hasn’t expired, you could still lose it if USCIS believes you no longer intend to live permanently in the U.S.

Common signs of abandonment include:

  • Staying outside the U.S. for more than six months at a time without valid reason.
  • Living abroad for over a year without obtaining a reentry permit.
  • Working or paying taxes in another country instead of the U.S.
  • Selling or giving up your U.S. residence, bank accounts, or family ties.
  • Declaring yourself a non-resident on your tax filings.

💡 Pro tip: If you must travel outside the U.S. for an extended period — for work, family, or emergencies — apply for a Reentry Permit (Form I-131) before leaving. This document proves to USCIS that you intend to return and maintain your residency.

Maintaining U.S. ties is critical. Keep an address in the U.S., file taxes as a resident, maintain a U.S. bank account, and avoid foreign employment that suggests you’ve settled elsewhere.

If you’re ever questioned at a port of entry, be honest and provide evidence that your absence was temporary — like proof of a return ticket, employment letters, or U.S. property records.

Next, let’s look at another category of revocation — failing to remove conditions from a conditional Green Card, a mistake many couples and investors make.

🧩 4. Failure to Remove Conditions on a Conditional Green Card

 

Failure to Remove Conditions on a Conditional Green Card (Denied)

If you received your Green Card through marriage (less than two years old at approval) or through the EB-5 investor program, your permanent residency is conditional for the first two years.
Failing to remove those conditions is one of the most common — and preventable — ways to lose your Green Card. When your card is conditional, USCIS expects you to prove that the original basis for your residency still exists before the two-year mark. That proof comes from filing Form I-751 (Petition to Remove Conditions on Residence) for marriage cases or Form I-829 for investors.

If you don’t file on time — or your petition is denied — USCIS will automatically terminate your conditional status and begin the process to revoke your Green Card.

Common reasons for termination include:

  • Missing the 90-day filing window before the two-year expiration date.
  • Submitting incomplete or inconsistent evidence of a bona fide marriage or ongoing investment.
  • Divorce, separation, or failure to maintain your business project under EB-5 rules.

💡 Pro tip: Always mark your calendar for the I-751 or I-829 deadline and gather strong evidence of your relationship or investment well in advance.
If your marriage ended or circumstances changed, you may still qualify for a waiver — USCIS allows conditional residents to apply individually in cases of divorce, abuse, or extreme hardship.

Filing late is sometimes possible if you include a written explanation and credible evidence showing good cause for the delay — but waiting too long can lead to irreversible revocation.

Next, we’ll look at another reason USCIS may take back permanent residency — administrative or government error, when the Green Card was mistakenly approved in the first place.

 

⚠️ 5. Administrative or Government Error

Administrative or Government Error 2

Sometimes, a Green Card can be revoked not because of fraud or misconduct, but due to a government mistake. This is known as rescission based on administrative error, and it typically happens when USCIS later discovers that your Green Card was approved in error — meaning you were never actually eligible for permanent residence at the time of approval.

These cases are rare, but they do occur. For example:

  • Your Green Card was approved before all security or background checks were completed.
  • USCIS misapplied eligibility criteria, granting your card under the wrong category.
  • An officer approved your case despite missing or invalid evidence in your file.
  • New information emerges later that shows you were inadmissible when you applied.

Under immigration law, USCIS has five years from the date of approval to rescind a Green Card that was granted in error. When that happens, they’ll issue a Notice of Intent to Rescind (NOIR) — giving you the chance to respond, present documentation, and prove that you were indeed eligible.

If you don’t respond or fail to provide sufficient proof, USCIS may revoke your Green Card and refer your case to immigration court for removal proceedings.

💡 Pro tip: Always keep copies of every document you submit to USCIS — forms, receipts, and approval notices. These records can be crucial if you ever need to defend your eligibility later.

If your Green Card was mistakenly approved but you were genuinely eligible, you may be able to appeal or reopen your case. A skilled immigration attorney can help prepare a legal response showing that any oversight was procedural, not fraudulent.

Next, let’s look at another, often overlooked reason USCIS can revoke permanent residency — failure to comply with immigration laws after receiving your Green Card.

 

🏛️ 6. Failure to Comply with Immigration Laws

Failure to Comply with Immigration Laws 2

Even after receiving a Green Card, lawful permanent residents are still expected to follow all U.S. immigration regulations. While these rules might seem minor compared to fraud or criminal issues, failing to comply with them consistently can draw unwanted attention from USCIS and, in some cases, lead to revocation or denial of future immigration benefits.

Some of the most common compliance-related issues include:

  • Not reporting a change of address within 10 days, as required by law using Form AR-11.
  • Failing to renew your Green Card before it expires, which can affect your ability to travel or prove employment eligibility.
  • Not filing U.S. tax returns as a resident, which can signal abandonment of status.
  • Ignoring USCIS notices or failing to appear at scheduled interviews or appointments.
  • Providing inconsistent information in different applications (for example, using different addresses or marital status).

While USCIS may not immediately revoke your Green Card for minor infractions, repeated non-compliance can raise red flags — especially when you apply for U.S. citizenship or renew your Green Card.

💡 Pro tip: Always keep your immigration records updated. File Form AR-11 whenever you move, renew your Green Card at least six months before expiration, and file taxes as a U.S. resident. Even small acts of diligence help you maintain strong standing with USCIS.

In serious cases — such as ignoring USCIS correspondence or failing to appear for biometrics or interviews — your case could be closed or referred for revocation or removal proceedings.

Staying organized and compliant isn’t just about avoiding problems — it’s about protecting the legal foundation you’ve worked so hard to build.

Next, let’s go over what actually happens after a Green Card is revoked — and what options you have to respond.

 

💬 What Happens After a Green Card Is Revoked

What Happens After a Green Card Is Revoked (1)

 

If USCIS determines that your Green Card should be revoked, the process doesn’t happen overnight — and you still have rights. The revocation or rescission process follows formal legal steps, and how it unfolds depends on the reason for the action.

There are two main pathways for revocation:

1. Rescission by USCIS

If USCIS discovers within five years of approval that your Green Card was granted in error or through misrepresentation, they can start the rescission process.
You’ll first receive a Notice of Intent to Rescind (NOIR) explaining the reason and giving you a chance — usually 30 days — to respond with evidence or clarification.

If USCIS accepts your explanation, your Green Card remains valid. But if you fail to respond or your defense isn’t sufficient, USCIS can rescind your Green Card and refer your case for removal proceedings.

2. Removal Proceedings in Immigration Court

In more serious cases, such as fraud, criminal convictions, or abandonment, your case may be referred directly to immigration court. There, a Department of Homeland Security (DHS) attorney presents the government’s case, and you — through your attorney — can present evidence, witnesses, and legal arguments in your defense.

At the end of the hearing, an immigration judge decides whether to revoke your Green Card, grant relief, or allow voluntary departure.

💡 Pro tip: Never ignore a notice from USCIS or the immigration court. If you receive a Notice to Appear (NTA) or NOIR, contact an immigration attorney immediately. Acting early can make the difference between defending your status and losing it.

If your Green Card is revoked, you may still have options such as appealing the decision, filing a motion to reopen or reconsider, or in some cases, reapplying for permanent residency if you remain eligible under another category.

Next, let’s look at how you can protect your Green Card and residency status — before it ever gets to that point.

🌿 How to Protect Your Permanent Residency in 2025

How to Protect Your Permanent Residency in 2025 (Duplicate)

Your Green Card represents years of hard work, dedication, and hope — but keeping it secure requires ongoing care and awareness. Fortunately, most Green Card revocations are completely avoidable if you understand your rights and responsibilities as a permanent resident.

Here’s how to protect your status and stay in good standing with USCIS in 2025:

✅ 1. Stay Honest in Every Immigration Filing

Never falsify or omit information on your applications. USCIS reviews past filings during renewals and citizenship applications — and inconsistencies can trigger fraud investigations. If you notice an old mistake, consult an immigration attorney before correcting it.

🌍 2. Maintain Strong Ties to the U.S.

File U.S. taxes as a resident, maintain a home or lease in the country, and avoid extended stays abroad. If travel is unavoidable, get a reentry permit (Form I-131) and keep documentation proving your intent to return.

🧾 3. File On Time — Always

Submit renewal forms, I-751 or I-829 petitions, and any USCIS updates before deadlines. Missing a filing date can automatically trigger revocation or termination of your status.

⚖️ 4. Stay Clear of Legal Trouble

Avoid any activity that could lead to criminal charges, especially offenses involving fraud, violence, or controlled substances. If you’re ever arrested, speak with an immigration attorney before entering any plea deal — some convictions have automatic immigration consequences.

💬 5. Respond Promptly to USCIS Notices

Always open and respond to USCIS mail immediately. Ignoring a Notice of Intent to Rescind (NOIR) or Notice to Appear (NTA) can cause your Green Card to be revoked by default.

🧠 6. Keep Every Record Safe

Save copies of all applications, receipts, approval notices, and travel records. These documents can serve as evidence if USCIS ever questions your eligibility or residency history.

💡 Pro tip: Treat your Green Card like your passport — something you protect, monitor, and renew responsibly. If your situation changes, like divorce, criminal charges, or extended travel, get legal advice before USCIS finds out first.

With honesty, consistency, and attention to detail, you can hold your Green Card for life — and move confidently toward U.S. citizenship. 🇺🇸

Next, let’s conclude with a reminder of what your Green Card truly represents — and why staying informed is the best way to safeguard it.

✅ Conclusion: Protect What You’ve Worked For

A U.S. Green Card isn’t just a document — it’s a promise of opportunity, stability, and a future you’ve built with hard work and determination. But that promise comes with responsibilities. USCIS can revoke a Green Card when laws are broken, conditions aren’t met, or honesty is compromised — yet in most cases, these outcomes are entirely preventable.

Whether it’s avoiding fraud, keeping your records current, or staying compliant with U.S. laws, your best protection is awareness and consistency. Immigration authorities don’t revoke status without cause — but they do expect you to maintain transparency, good conduct, and a clear commitment to life in the United States.

💡 Final tip: Review your immigration documents at least once a year. Renew your card before it expires, keep copies of everything, and if you ever receive a notice from USCIS, respond immediately or seek professional legal help.

Your Green Card is more than proof of residency — it’s a reflection of your integrity and perseverance. Protect it wisely, and it will continue to protect you. 🌎🇺🇸

 

Further Links

💼 Read the full guide on our Immigration Blog:
https://www.usavisalaw.com/immigration-blog

📄 USCIS – Form I-751, Petition to Remove Conditions on Residence:
https://www.uscis.gov/i-751

📄 USCIS – Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status:
https://www.uscis.gov/i-829

📘 Related Reading:

💬 Facing a Green Card Revocation or Notice from USCIS?
Contact American Visa Law Group today for professional guidance and representation:
https://www.usavisalaw.com/contact

 

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