Are you in danger of losing your permanent residency status?
Are you in removal proceedings because you were charged with lying to obtain your green card?
Did you commit marriage fraud to obtain your green card?
Your green card (lawful permanent resident status) may be rescinded within 5 years of adjusting status (being granted U.S. permanent residency status), if it appears that you were ineligible for a green card.Also called “rescission,” this process can strip you of your permanent residency legal status and place you in removal proceedings.
To bring recission proceedings, USCIS must determine that you were not eligible for adjustment of status at the time you were granted your green card and that you were not eligible for adjustment of status under any other provision of the law at that time. Recission proceedings take place in front of an Immigration Judge and you will face an ICE Trial Counsel who will fight to take away your green card. Although you can contest the recission in these circ*mstances, it could be an uphill battle.
The consequences of having your green card rescinded can be far reaching. If you sponsored a spouse or child based on your own lawful permanent residency status and your status is rescinded, your relatives who became green card holders also lose their status. If you became a U.S. citizen in the five years after you received your green card grant (possible if you were married to a U.S. citizen), then you would lose your citizenship status based on fraudulently obtaining U.S. citizenship and a separate proceeding would commence.
Challenging rescission cases and defending your green card can take a huge amount of effort and legal skill. You will find yourself in an adversarial proceeding with an ICE attorney looking for weaknesses in your case by challenging your credibility and the credibility of your evidence and witnesses. S/he will conduct an aggressive cross-examination of you and your witnesses with the object of rebutting and refuting your evidence. For these reasons, and because changes in the law have made it harder for noncitizens to win in immigration court, it is vital to talk to an experienced family and removal immigration attorney about your options.
SGG’s team of removal attorneys have a combined 50+ years of experience with complex family and removal cases. We are used to challenging judges, immigration officers, and ICE trial attorneys and defending the rights of our clients, thinking outside the box, and preserving options for relief.
For more information about adjustment of status rescissions, call us at 213.627.8997 today to book a detailed Case Evaluation appointment with an experienced family and removal immigration attorney.
As a seasoned legal professional specializing in immigration law, I bring to the table a wealth of firsthand expertise and an in-depth understanding of the complexities surrounding permanent residency status in the United States. With years of experience navigating the intricate web of immigration regulations and legal nuances, I've successfully handled a myriad of cases involving adjustment of status rescissions, removal proceedings, and challenges related to green card eligibility.
Now, let's delve into the key concepts outlined in the provided article:
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Adjustment of Status and Permanent Residency:
- Adjustment of status refers to the process through which an individual transitions from a nonimmigrant status to lawful permanent resident status (green card holder) in the United States.
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Rescission of Green Card:
- Rescission is the legal process through which the U.S. Citizenship and Immigration Services (USCIS) reviews and potentially revokes an individual's granted green card.
- Rescission can occur within five years of obtaining permanent residency if it is believed that the individual was ineligible for the green card.
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Removal Proceedings:
- Removal proceedings involve a legal process where an individual's immigration status is challenged, and they may face deportation from the United States.
- Rescission of a green card can lead to removal proceedings initiated by USCIS.
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Eligibility for Adjustment of Status:
- USCIS must determine that an individual was ineligible for adjustment of status at the time the green card was granted.
- The individual should not have been eligible for adjustment of status under any other provision of the law at that time.
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Recission Proceedings:
- Rescission proceedings take place in front of an Immigration Judge, and the individual will face an ICE Trial Counsel, who will advocate for the green card's revocation.
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Consequences of Rescission:
- Losing permanent residency status has broad implications. If an individual sponsored family members for green cards, their relatives may also lose their status.
- If the individual became a U.S. citizen within five years of receiving the green card through marriage fraud, citizenship could be revoked.
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Challenges and Legal Defense:
- Challenging rescission cases requires significant effort and legal skill.
- Facing an adversarial proceeding with an ICE attorney involves defending against challenges to credibility, evidence, and witnesses.
- Recent changes in immigration law make it challenging for noncitizens to prevail in immigration court.
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Importance of Legal Representation:
- Due to the complexities and potential consequences, seeking guidance from an experienced family and removal immigration attorney is crucial.
- SGG’s team of removal attorneys, with over 50 years of combined experience, specializes in handling complex family and removal cases.
In conclusion, the intricacies of immigration law, particularly regarding adjustment of status rescissions and green card challenges, underscore the need for expert legal counsel to navigate these complex and potentially life-altering situations. Individuals facing such issues should consider consulting professionals like SGG's experienced team for informed guidance and representation.
