Can a Green Card Holder Be Deported? What Chicago Permanent Residents Need to Know in 2026
Many permanent residents believe that holding a green card means they are protected from deportation. That is not the case. Under U.S. immigration law, green card holders, also known as lawful permanent residents (LPRs), can be placed in removal proceedings under specific circumstances, and in 2026, enforcement against lawful permanent residents has expanded significantly. If you hold a green card and live in Chicago or the surrounding Chicagoland area, here is what you need to know.
The Short Answer: Yes, Green Card Holders Can Be Deported
A green card gives you the right to live and work permanently in the United States, but it is not the same as citizenship. Green card holders can be removed if the government establishes legal grounds for deportation. The process typically begins with a Notice to Appear (NTA) in immigration court, where an immigration judge determines whether removal is warranted and whether any defenses apply. Deportation is not automatic, you have the right to appear before a judge and present your case.
Who Is at Risk for Green Card Deportation in 2026
The current administration has made clear that green card holders are not exempt from its immigration enforcement priorities. In 2026, the following groups face the highest risk of removal proceedings:
● Green Card Holders with Criminal Convictions
Green card holders with certain criminal convictions, including aggravated felonies, crimes involving moral turpitude, drug offenses, domestic violence, and firearms offenses, are at high risk. ICE is now pursuing deportation based on convictions that date back years or even decades.
● Permanent Residents Targeted for Political Activity or Social Media
Green card holders who have engaged in public political activism or whose social media activity the administration deems objectionable are facing increased scrutiny. The government is actively monitoring social media and has sought deportation in high-profile cases based on political speech and associations.
● Permanent Residents Returning from International Travel
CBP is subjecting green card holders to increased scrutiny at ports of entry, including secondary inspection and detention, particularly those with any criminal history or who have been flagged through social media screening.
● Extended Absences Outside the United States
Permanent residents who have been outside the United States for more than one year without a reentry permit face serious risk. An absence of this length can result in a Notice to Appear and removal proceedings upon return.
● Nationals of Designated Countries Under Retroactive Review
Nationals of the 39 designated countries whose green cards or other immigration benefits were approved on or after January 20, 2021 may be subject to retroactive review. USCIS may require additional interviews or screenings of those approvals.
Conditional Green Cards Based on Marriage: A Special Deportation Risk
If your green card was obtained through marriage and your marriage was less than two years old at the time of approval, you received a conditional green card valid for only two years. To keep your permanent resident status, you must file Form I-751 (Petition to Remove Conditions on Residence) within the 90-day window before your card expires.
Missing this deadline or having your I-751 denied can result in automatic termination of your conditional status and placement in removal proceedings.
Note: If your I-751 is currently pending, USCIS automatically extends the validity of your green card by 48 months from its expiration date while the petition is being processed.
In 2026, USCIS has increased the frequency of I-751 interviews and is scrutinizing all filings more closely, whether filed jointly with your spouse, based on a good-faith marriage that ended in divorce, or based on abuse during the marriage.
If you cannot file jointly because your marriage ended or your spouse refuses to cooperate, you may still be eligible to file an I-751 waiver. These situations require prompt legal attention.
Common Legal Grounds for Deportation of Permanent Residents
- Criminal convictions, aggravated felonies, crimes involving moral turpitude, drug offenses, domestic violence, and firearms offenses
- Fraud or misrepresentation in obtaining the green card
- Abandonment of permanent residence through extended absences abroad
- Failure to remove conditions on a conditional green card
- National security grounds
How to Protect Your Green Card Status
- If you have any criminal history, consult a Chicago immigration attorney before renewing your green card, traveling internationally, or applying for citizenship
- Keep your address current with USCIS, you are required to update it within 10 days of moving
- If you have a conditional green card, file your I-751 on time and with strong supporting evidence
- If you are planning an extended trip outside the United States, obtain a reentry permit (Form I-131) before departing. Absences of one year or more without a reentry permit can result in loss of your permanent resident status
- File your taxes and keep your tax records current
- If you are eligible for U.S. citizenship, consider applying, naturalized citizens cannot be deportedunder immigration law.
Forms of Relief If You Are Facing Removal
Being placed in removal proceedings does not mean deportation is certain. Depending on your situation, you may be eligible for:
- Cancellation of Removal: available to permanent residents who have held their green card for at least 5 years, have lived continuously in the U.S. for at least 7 years, and have not been convicted of an aggravated felony
- Hardship waiver: in certain cases involving criminal grounds, a waiver may be available where removal would cause extreme hardship to a qualifying U.S. citizen or permanent resident family member
- Asylum or other humanitarian protection: if you face persecution in your home country
- Post-conviction relief: in some cases, having a prior conviction vacated or modified can eliminate the immigration basis for removal
Chicago Immigration Lawyer for Green Card Deportation Defense
If you are a green card holder in Chicago or the Chicagoland area concerned about your immigration status, or if you or a family member has been placed in removal proceedings, prompt legal advice is essential. The options available to you depend on the specific facts of your case, and early intervention makes a significant difference in outcomes.
The Law Offices of Azita M. Mojarad, P.C. represents clients throughout Chicago and the Chicagoland area in removal defense proceedings, including cancellation of removal, waiver applications, I-751 petitions, and immigration court representation. Our firm also handles family immigration matters, including conditional green card cases and marriage-based petitions.
Contact Us today for expert immigration legal services If you have questions about deportation risks, removal defense, or any other immigration matter. The Law Offices of Azita M. Mojarad, P.C. Email: azita@azitalaw.com or calling 312.641.0771.
