Several categories of crimes can get your green card revoked, and federal immigration law lists them as grounds of deportation. The main categories are aggravated felonies, crimes involving moral turpitude, controlled substance offenses, certain firearm offenses, and crimes of domestic violence, stalking or child abuse.
A conviction does not cancel a green card on the spot. A permanent resident, meaning a person lawfully admitted to live here permanently, keeps that status until a final order of removal (deportation) ends it. That order usually follows a hearing before an immigration judge. Faragalla Law represents permanent residents during that stage through its removal defense practice.
Whether a specific offense fits a category depends on the exact statute, the court record and the sentence. No one should assume an offense is harmless for immigration purposes without that review.
Which Crimes Can Get Your Green Card Revoked?
Section 237(a)(2) of the Immigration and Nationality Act sets out the criminal deportation grounds. Deportable means an immigration judge can order a person removed from the United States. Most grounds require a conviction, and several apply to convictions at any time after admission.
The grounds fall into three main groups, each with its own sentence rules.
Aggravated Felonies
An aggravated felony is a federal immigration term, and the state’s label for the crime does not decide the question by itself. The list includes murder, rape, sexual abuse of a minor, drug trafficking and firearms trafficking. It also covers theft, burglary and crimes of violence with a term of imprisonment of at least one year, and fraud where the loss to victims exceeds $10,000. A one-year sentence counts even if the judge suspended it and you served no jail time.
A conviction for an aggravated felony at any time after admission makes a permanent resident deportable and blocks cancellation of removal.
Crimes Involving Moral Turpitude
The statute does not define moral turpitude. The Board of Immigration Appeals describes it as conduct that is inherently base, vile or depraved, and it requires reprehensible conduct plus a culpable mental state such as intent, knowledge or recklessness. One such conviction makes a permanent resident deportable if the crime happened within five years after admission, in most cases. The offense must also carry a possible sentence of one year or longer.
Two or more such convictions at any time after admission, not arising from a single scheme, also make a person deportable. In Texas, a Class A misdemeanor carries up to one year in jail, so a misdemeanor can meet that sentence test.
Drug, Firearm and Domestic Violence Offenses
A conviction relating to a controlled substance makes a permanent resident deportable, except a single offense of possessing 30 grams or less of marijuana for personal use. A conviction for buying, selling, possessing or carrying a firearm unlawfully creates a separate ground. Possessing a gun while federal or Texas law bars you can trigger that ground, as the answer on whether a green card holder can legally own a gun explains.
Convictions for domestic violence, stalking, child abuse, child neglect or child abandonment also qualify. So does a court finding that you violated the protective part of a protection order. Failing to register as a sex offender and high speed flight from an immigration checkpoint are also deportation grounds.
What Happens After a Green Card Holder Is Convicted?
If DHS pursues removal, it starts proceedings by serving a Notice to Appear. That charging document lists the conduct alleged and the deportation grounds charged. Federal law requires DHS to detain people who fall under many criminal grounds, including the aggravated felony, drug and firearm grounds, and it allows release only in narrow cases. An immigration judge then decides whether you are deportable as charged and whether you qualify for any relief.
One form of relief is cancellation of removal for permanent residents, which lets an immigration judge cancel the deportation so you keep your green card. It generally requires at least five years as a permanent resident, seven years of continuous residence after admission in any status, and no aggravated felony conviction. Even an eligible applicant depends on the judge’s discretion.
The timing of an old offense can decide eligibility. The seven-year residence clock stops when you receive a Notice to Appear or on the date you commit certain offenses, whichever comes first. For example, a permanent resident in El Paso first admitted ten years ago who committed a theft offense in year four may fall short of seven years. That result can follow even if the conviction came years later.
How Texas Deferred Adjudication and Travel Can Raise the Risk
Immigration law uses its own definition of conviction. It includes cases where a judge withheld a finding of guilt, if you pleaded guilty or no contest and the judge ordered some punishment, penalty or restraint. Texas deferred adjudication starts with that kind of plea and places the person on community supervision. It can meet the federal definition even when the state later dismisses the case.
Travel adds another layer. A returning permanent resident normally does not have to seek admission again. That protection falls away for a person who has committed an offense listed in the criminal inadmissibility grounds. Border officers can then treat you as an applicant for admission and decide whether a criminal ground bars reentry.
Picture a permanent resident in San Antonio who finished deferred adjudication for theft and then flew to visit family in Mexico. On return, that traveler could face questioning at the airport and possible referral to immigration court, even though the Texas case ended years ago.
Official Sources on Criminal Grounds for Removal
Section 237 of the Immigration and Nationality Act, published at 8 U.S.C. 1227, lists every criminal deportation ground. Section 101(a) of the Act, codified at 8 U.S.C. 1101, holds the aggravated felony list and the definition of conviction. Cancellation of removal appears at 8 U.S.C. 1229b.
The federal regulation at 8 CFR 1.2 states that a final administrative order of exclusion, deportation or removal ends permanent resident status.
Get Immigration Advice on a Criminal Case Anywhere in Texas
If you face a charge or worry about a past case, Faragalla Law can review the court papers first. The firm can then explain which crimes can get your green card revoked under current law, ideally before you accept any plea.
Call (800) 707-3038 for a free consultation before your next court date.
Written questions work too, so send Faragalla Law a message naming the charge, the county and any hearing dates.