Green Card Cancellation

[OK-Boy]

As per USCIS Field manual if USCIS finds out that the Green card was obtained unlawfully then they could conduct the Rescission Process within 5years after its approval. After 5 years time-line how would USCIS proceed; please advice…

[Jackolantern]

After 5 years they can revoke the card if they take you to court and win. Do you have a reason to believe they want to revoke your card?

[OK-Boy]

Even within five years; USCIS have to go thru Immigration Judge OR Attorney General has the right to revoke it as per manual. After 5 years if they go to court then I assume it would be the Federal/District court like the DeNaturalization matter. Any comments?

Originally Posted by Jackolantern

After 5 years they can revoke the card if they take you to court and win. Do you have a reason to believe they want to revoke your card?

[Jackolantern]

Before 5 years they can revoke it with an order from the Attorney General, using the rescission process without taking you to court.

If you have any specific reason to think they will attempt to revoke your card, talk to a lawyer ASAP.

[Immigrant66]

I am sorry folks but I am confused here.
I thought that they can cancell you gGC at anytime.I did not know there is time line for it and in some point of time (5 years as you mentioned) it will be difficult to do so.
Could you refer me the manual, I would love to read it for just having more info about it.
As it is all over of the immigration forms , if there is fraud in your case in any form and shape, they can deport you. Now what I am understanding here is that it wont be easy or impossible, Am I right?

[GotPR?]

If CIS found any mistake on their side within 5 years, they can revoke LPR status.
However, if CIS found GC was obtained fraudulently or unlawfully, they can revoke it anytime, even 100 years later.

[Jackolantern]

They can revoke it at any time. The only difference is with HOW they revoke it. Before 5 years, they just need an order from the Attorney General and that's it. You can get a lawyer to try to force a court case to challenge the revocation order, but the burden of proof is on you. But after 5 years, they can't just go to the AG, they have to convince a judge in court and the burden of proof is on them.