Permanent residence status is not actually “permanent” in the sense that
it can always be revoked or rescinded by the issuing agency. An example of
cases where the green card is revoked is when the holder obtained it through
fraud or misrepresentation, a crime that renders the holder removable. Even
if the green card is not conditional, should the resident be discovered at
any time to have committed fraud at the time of its issuance, the USCIS may
still revoke the card.
Unlike a holder of a non-immigrant visa, a green card holder is entitled to
a hearing before the green card is actually rescinded. If the reason for the
hearing is that there was fraud in the issuance of the green card, it’s
the green card holder’s burden to overcome that finding.
Fraud, misrepresentation
From among the many legal bases for rescission of a green card, the most
common is fraud or misrepresentation.
Unless there is a prior final order of deportation or removal, an applicant
for admission with a permanent resident status is entitled to a hearing.
While waiting for the hearing date, the Immigration and Customs Enforcement
may take the green card holder in custody. Bail may be posted for the
release of this individual. The amount may be set by ICE or by the
Immigration Court after a bond hearing determination.
Once the case is heard by the judge and the green card holder is determined
to be ineligible for the green card with no other relief available, an Order
of Deportation/Removal will be issued and the green card holder is ordered
deported/removed from the US.
It does not matter when the fraud was actually committed to obtain a visa.
With the improved technology and data bases available to the USCIS, any
green card holder who may have committed fraud in the past may find
themselves facing removal proceedings or receiving orders of deportation.
