Everything You Need to Know About the Rescission of a Green Card

The rescission of a green card refers to the cancellation of an adjustment of the status of Lawful Permanent Resident or LPR. It is important to understand the details that go into a green card rescission.

When rescission of a green card occurs, it means the individual is reverted to foreign national status. This can take place when the holder of the green card is either a non-immigrant or temporarily in the United States. Whatever their status prior to obtaining the green card, the rescission returns that person to that status. If the person is no longer eligible for temporary status, they are then subject to be removed from the country.

The United States Citizenship and Immigration Services, or USCIS, can only use rescission of a green card in specific circumstances. One is that the USCIS determines that the individual was not eligible for an adjustment of status when permanent residency was granted. The other is that the individual would not have been eligible for an adjustment of status under other provisions of the law. However, in most instances, the USCIS can begin removal proceedings against the alien.

A rescission proceeding is needed in order to eliminate benefits that were improperly granted to the individual. Most often, this results in the person not having any legal status, and therefore being subject to deportation. Rescission proceedings must be heard by an immigration judge.

Rescission proceedings are undertaken by the district office in which the individual lived, except in situations where the office granted the person an adjustment of status under section 209(b) of the Act and 8 CFR 240. In that situation, the director of the asylum office has jurisdiction and will decide the outcome of the individual’s case.

If the individual was married as part of the conditions of permanent residency, the two year time frame in which the individual spent as a conditional residence is counted toward the five year limitation as per section 246 of the Act. The only exception to this is for those who are conditional residents as per Section 216 of the Act.

Those are the ways in which a rescission of green card status begins when the USCIS is involved. Procedures must be consistent with due rights according to the Constitution, just as in the revocation of US citizenship.

The individual who is experiencing rescission of their green card status has the right to respond to the Notice to Appear and contest any of the allegations. A USCIS lawyer will be present to review the case. If it is found that the USCIS case is legally sufficient, the attorney will attempt to revoke the individual’s green card status while prosecuting the case in immigration court.

The attorney has to present the case before an immigration judge based on the evidence provided. These types of cases must be concise and convincing in order for the judge to rule in favor of the USCIS. There must also be evidence of fraud in place to proceed with rescission of green card status after the five year time period.

Author bio: Kazmi and Sakta are skilled and experienced San Diego immigration lawyer. They have experience difficult situation and handle many immigiration cases with guaranteed success.