When you hold a green card, you might assume your status is secure. Yet under U.S. law, your lawful permanent residency can be taken away for a range of reasons—from fraud to long absences abroad. In this post I’ll walk you through the usual grounds for revocation, explain how the rescission process works, highlight some lesser-known triggers, and share data on who faces revocation most often. By the end, you’ll know how to keep your status safe.

Common Grounds for Revoking a Green Card

U.S. Citizenship and Immigration Services (USCIS) or an immigration judge can pull back your permanent resident status if they prove, by clear and convincing evidence, that you obtained it improperly or later violated key rules[^1^]. The main reasons include:

• Fraud, misrepresentation or concealment of a material fact
• Failure to meet the “continuous residence” requirement
• Commission of certain crimes
• Engaging in activities that make you inadmissible (e.g., terrorism)
• Not removing conditions if you’re a conditional resident

[^1^]: USCIS Policy Manual, Vol. 12 Part D Ch. 9, “Rescission of Adjustment” (https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-9)

Continuous Absence and Abandonment

If you stay outside the U.S. for more than one continuous year without a reentry permit, USCIS may deem you to have abandoned your residency. In fact, “a continuous absence of over 12 months automatically breaks the residency requirement” and triggers abandonment proceedings[^2^].

[^2^]: USCIS, “Maintain Your Permanent Residence” (https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintain-your-green-card/maintain-permanent-residence)

Fraud & Misrepresentation

If USCIS finds you lied on your application about a material fact—like your job history or criminal record—it can issue a Notice of Intent to Rescind within five years of your green card approval[^3^]. You’ll have 30 days to respond with evidence and legal arguments.

[^3^]: 8 CFR § 246.1(a)(2) (https://www.law.cornell.edu/cfr/text/8/246.1)

The Rescission Process: From Notice to Appeal

Once USCIS decides to revoke your status, they must follow the steps outlined in 8 CFR § 246.1:

1. Notice of Intent to Rescind
   You get a written notice laying out the factual allegations, your right to counsel, and your chance to submit evidence[^4^].

2. Your Response
   You have 30 days to answer. You can file a motion to reopen or reconsider if new facts emerge.

3. Adjudicating Officer’s Decision
   The officer reviews all materials and issues a final rescission order.

4. Appeal
   You can appeal to the Board of Immigration Appeals (BIA) within 30 days of that order.

[^4^]: 8 CFR § 246.1(c)–(e) (https://www.law.cornell.edu/cfr/text/8/246.1)

Notice Requirements

The notice must:
– Describe each ground for rescission in detail
– Identify all supporting evidence
– Inform you of your right to counsel and to present witnesses

Appeals and Motions

If you miss the 30-day window, you can still file a motion to reopen or reconsider “within a reasonable time” if you show good cause[^5^].

[^5^]: 8 CFR § 246.1(g) (https://www.law.cornell.edu/cfr/text/8/246.1)

Lesser-Known Triggers and Special Cases

Beyond fraud or long absences, here are some scenarios you might not realize can lead to losing your green card:

• Tax Compliance Issues
  Failing to file as a resident or filing incorrectly can be used to show you’ve abandoned or misrepresented your status[^6^].
• Public Charge Determinations
  Under the 2019 public charge rule, relying on certain benefits could factor into later revocation[^7^].
• Conditional Permanent Residents
  If you got your card through marriage or investment and didn’t file Form I-751 or I-829 in time, USCIS can terminate your status[^8^].
• Medical Examination Findings
  Concealing a communicable disease during your immigration medical exam may be grounds for rescission.
• Diplomatic Relations Changes
  In rare cases, shifting ties between the U.S. and your home country can affect status (e.g., Cuba, Taiwan).
• Administrative Processing Errors
  Clerical mistakes have led to wrongful terminations—those can be challenged in federal court.

[^6^]: National Immigration Law Center, “Tax Compliance & Immigration Status” (https://www.nilc.org/issues/taxes/immigration-status-tax-compliance/)
[^7^]: Federal Register, “Inadmissibility on Public Charge Grounds” (https://www.federalregister.gov/documents/2019/08/14/2019-17142/inadmissibility-on-public-charge-grounds)
[^8^]: USCIS, “Conditions on Permanent Residence” (https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditions-on-green-card)

Trends and Data: Who Faces Revocation?

USCIS and immigration courts don’t publish every detail, but data from the Transactional Records Access Clearinghouse (TRAC) at Syracuse University shows:

• In FY 2022, there were 1,150 rescission proceedings nationwide
• That’s about a 25% increase from FY 2018 under more stringent enforcement[^9^]
• Family-based green cards account for roughly 60% of all rescissions, compared to 30% for employment-based and 10% for diversity visas

[^9^]: TRAC Immigration, “Rescission of Adjustment of Status” (https://trac.syr.edu/immigration/reports/693/)

Legal Precedents on “Good Moral Character”

Board of Immigration Appeals cases like Matter of Soriano clarified that tax evasion, certain criminal convictions, and even extended reliance on public benefits can reflect negatively on an LPR’s moral character.

Staying in the States Legally

Losing your green card doesn’t have to be a surprise. Keep these key points in mind:

• Keep trips abroad under 12 months or get a reentry permit
• File federal and state taxes as a resident each year
• If you have a conditional card, file to remove conditions within 90 days
• Respond promptly to any USCIS notices
• Consult an immigration attorney if USCIS suggests rescission

Staying informed and proactive is the best way to protect your permanent residency. If you ever face allegations you’re not ready to handle alone, seek legal counsel—and keep careful records of your travel, taxes, and benefits use. That way, you’ll be ready to defend your status if USCIS comes knocking.