Can green card holder be deported for lying on reentry to country?

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#1
Hope you can give me advice on my situation. I have a green card based on marriage, but I am in the first stages of divorce from my U.S. wife. We have not yet filed, but there is a lot of tension and I am worried what my wife might do and whether she could get me deported.

We have been married for 15 years (married in the US) but separated for 6. We moved to my country 8 years ago, when I guess I should have surrendered my green card because I didn't intend to return. But I held onto it for obvious reasons. Then we separated while in my country, and my wife moved back to the US 4 years ago. She didn't divorce me at that point so that I could also come to the US if I decided, to be close to my son (10 years old).

After that, I came up to the US to visit my son and work one summer, and here is the key point of my question - I told the immigration officials I had only been out of the country for a couple of weeks when it was actually years. Because otherwise probably they would not let me in the country. Then the following year I decided to move here, and I also told them again I had only been away a couple of weeks.

My wife knows that is not true and that I lied to an immigration official. Now that things are bad between us I want to know if she could report me to immigration and get me deported.

I guess the law says this is possible, right? But even if that is the law, is this something that ICE would take the time to enforce? I don't know if green card holders that are (with this one exception) law-abiding, working, tax paying residents would be a priority for them to deport?

I appreciate your advice, thank you.
 
#3
Well for me i would advice you file for your citizenship even if things are not same with u both. You have stayed in the marriage long enough to be a citizen. She would not do what you are thinking if not she would have done it by now. Just pursue your way to citizenship and dont bother yourself about her. And for your information the immigration official can see how long you have been out of the country and not just what you tell them.
 

newacct

Well-Known Member
#4
As a permanent resident who has stayed out for 180 days, you were considered to have been seeking admission. Fraud or material misrepresentation makes you inadmissible. Being inadmissible at the time of entry makes you deportable.
 
#5
Thank you for your opinions, loveGod and newacct.

Newacct, I understand and respect what you are saying, even if it is not what I wanted to hear, and of course this is what I worry about. But I am wondering so if ICE might not make it a priority for deportation because I am back in the U.S. for two years now working and law-abiding, and also I have my son here?

I really appreciate your opinion.

As a permanent resident who has stayed out for 180 days, you were considered to have been seeking admission. Fraud or material misrepresentation makes you inadmissible. Being inadmissible at the time of entry makes you deportable.
 

1AurCitizen

Registered Users (C)
#6
Non criminals are currently not an ICE priority, generally speaking, but ya never know when those misrepresentations to CBP could throw you in their dragnet.
 

ananga73

Registered Users (C)
#10
Hope you can give me advice on my situation. I told the immigration officials I had only been out of the country for a couple of weeks when it was actually years. Because otherwise probably they would not let me in the country. Then the following year I decided to move here, and I also told them again I had only been away a couple of weeks.

My wife knows that is not true and that I lied to an immigration official. Now that things are bad between us I want to know if she could report me to immigration and get me deported.

I guess the law says this is possible, right? But even if that is the law, is this something that ICE would take the time to enforce? I don't know if green card holders that are (with this one exception) law-abiding, working, tax paying residents would be a priority for them to deport?

I appreciate your advice, thank you.
The question is did they record what you said? Even if they recorded it do they still have those records? I will say do not worry about what you cannot control. ICE are crazy this time around and could do anything however I believe they will find it difficult to prove you lied to them. My advice is don't do any international travel for the next two years until the next election and definitely do not apply for citizenship yet.
 

whitemimauz3

Registered Users (C)
#13
I suggest file N-400 if you are fulfilling physical presence & continuous residence requirements & be honest with your statements. I am surprised if you were out of country for years & said were out for weeks. Normally if you stay more than 1 year you jeopardize green card being impounded upon your return after multiple instances.
 
#14
When you file your I-400, there would be a question on whether you have ever lied to an immigration officer to gain benefits. You would have to check 'Yes', and then see what transpires. Anything else, really, would be misrepresentation.

Since then, have you ever reentered the country without lying? Basically, try to go out of and then back into the country, to make sure that, at least, your last entry before naturalization is without lying (but you still have to check 'Yes' to that question no matter what). I would suggest consulting with a competent immigration lawyer about this.
 

1AurCitizen

Registered Users (C)
#15
Guys, this thread is over a year old.

No real need to comment unless the original poster comes back and updates the thread. OP hasn't logged in over a year.
 
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