Lawful Permanent Resident (LPR) status is often viewed as the final step before U.S. citizenship, providing a sense of security and a permanent home in the United States. However, this status is not irrevocable. Under the Immigration and Nationality Act (INA), the government maintains the authority to initiate USCIS green card removal proceedings against individuals who fail to maintain their eligibility or who are found to have obtained their status through oversight or fraud. Understanding the triggers, the administrative process, and the judicial oversight involved in these proceedings is essential for any resident navigating a challenge to their status.

The Legal Framework of Status Termination

The initiation of removal proceedings against a green card holder typically stems from two distinct administrative paths: the rescission of the adjustment of status or the discovery of grounds for deportability under Section 237 of the INA. While both can lead to the loss of residency, their legal foundations and procedural requirements differ significantly.

Rescission of Status (INA Section 246)

Rescission is a specific process used when USCIS determines that an individual was not actually eligible for a green card at the time it was granted. This usually applies if the person adjusted status within the United States. Under current regulations, USCIS has a five-year window from the date of the adjustment of status to initiate rescission if it discovers that the individual was ineligible for the preference classification or was inadmissible at the time of the grant.

If the five-year statute of limitations for rescission passes, the government can no longer rescind the status under Section 246, but it may still place the individual in removal proceedings under Section 240 based on grounds of deportability. The central issue in rescission is the initial eligibility, whereas removal proceedings can be based on conduct that occurred after obtaining the green card.

Grounds for Deportability (INA Section 237)

Even a properly obtained green card can be jeopardized by subsequent actions. Common grounds for the government to initiate USCIS green card removal proceedings include:

  • Criminal Offenses: Convictions for aggravated felonies, crimes involving moral turpitude (CIMT) within certain timeframes, or controlled substance violations.
  • Marriage Fraud: Discovery that the underlying marriage was a sham, entered into solely for immigration benefits.
  • Abandonment of Residency: Staying outside the U.S. for extended periods without a reentry permit, suggesting the individual no longer intends to make the U.S. their primary home.
  • Security and Related Grounds: Engaging in activities that threaten national security or involvement in document fraud.

The Role of Conditional Residency in Removal Proceedings

A significant portion of USCIS green card removal proceedings involves Conditional Permanent Residents (CPRs). Those who obtained residency through a marriage that was less than two years old at the time of approval receive a 2-year conditional card. To remain a permanent resident, the CPR must file Form I-751 (Petition to Remove Conditions on Residence).

Failure to File Form I-751

The law requires the I-751 to be filed within the 90-day window before the conditional card expires. If a resident fails to file this petition, their status is automatically terminated by operation of law. USCIS will then issue a Notice to Appear (NTA), which formally commences removal proceedings in immigration court.

While the law allows for late filings with a showing of "good cause and extenuating circumstances," being placed in removal proceedings significantly complicates the process. In such cases, the Immigration Judge (IJ) gains jurisdiction over the status, and the resident must often prove their eligibility for the removal of conditions as a defense against deportation.

Denial of the I-751 Petition

If USCIS reviews an I-751 and determines that the marriage was not bona fide, or if the resident fails to provide sufficient evidence of a shared life (such as joint financial records, cohabitation proof, or birth certificates of children), the petition may be denied. Upon denial, the permanent resident status is terminated, and the case is referred to the immigration court. Residents who are divorced or have been victims of abuse may file for a waiver of the joint filing requirement, but these cases are scrutinized heavily during removal proceedings.

The Notice of Intent to Rescind (NOIR) Process

For those facing rescission of their adjustment of status, the process begins administratively within USCIS before reaching the court.

Issuance of the NOIR

When USCIS determines that an LPR's status should be rescinded, it issues a Notice of Intent to Rescind (NOIR). This document is a detailed allegation of why the individual was ineligible for the green card. It must include:

  1. The factual background of the adjustment of status.
  2. The specific evidence suggesting ineligibility.
  3. The statutory authority (usually INA 246) and the grounds of inadmissibility that applied at the time of adjustment.
  4. The rights of the individual, including the right to counsel and the right to review the evidence.

The 30-Day Response Window

Recipients of a NOIR have 30 days to respond in writing, under oath. This is a critical juncture. The response can involve admitting the allegations (which leads to immediate rescission), contesting the facts with new evidence, or requesting a hearing before an Immigration Judge. If no response is submitted within 30 days, the rescission becomes final, the green card must be surrendered, and the individual is placed in removal proceedings.

The Transition to Immigration Court: The Notice to Appear (NTA)

The formal start of USCIS green card removal proceedings for most residents is the issuance of the Notice to Appear (NTA). This document is filed by the Department of Homeland Security (DHS) with the Executive Office for Immigration Review (EOIR).

Understanding the NTA

The NTA lists the "factual allegations" (e.g., that you are not a citizen, that you were admitted as an LPR, and that you have been convicted of a certain crime) and the "charges of removability" (the specific sections of the INA you are accused of violating).

Once the NTA is filed with the court, jurisdiction shifts from USCIS to the Immigration Judge. From this point forward, many administrative applications (like an I-751) might still be processed by USCIS, but the judge has the final authority to decide whether the individual should be removed from the U.S. or allowed to keep their residency.

The Stages of Removal Proceedings in Court

USCIS green card removal proceedings in court are often lengthy, sometimes spanning several years due to backlogs. They consist of two main types of hearings.

Master Calendar Hearings

The Master Calendar Hearing (MCH) is a short, preliminary hearing. Here, the respondent (the resident) must "plead" to the charges in the NTA. This means admitting or denying the factual allegations and the charges of removability. During the MCH, the resident also informs the judge which forms of "relief from removal" they intend to seek.

Individual Calendar Hearings

The Individual Calendar Hearing (ICH) is essentially a trial. This is where the resident presents evidence, witnesses, and legal arguments. For a green card holder, the burden of proof often depends on the charge. If the government is trying to remove a resident for a crime committed after admission, the government generally bears the burden of proving the deportability by clear and convincing evidence. If the resident is seeking a waiver or a new adjustment of status, the burden shifts to the resident to prove they deserve the relief.

Potential Defenses and Relief from Removal

Being in USCIS green card removal proceedings does not mean deportation is inevitable. Several legal avenues may allow a resident to retain their status or gain a new form of residency.

Cancellation of Removal for Certain LPRs (INA 240A(a))

This is one of the most powerful forms of relief for green card holders. To qualify, the resident must demonstrate that they:

  • Have been a lawful permanent resident for at least 5 years.
  • Have resided in the U.S. continuously for 7 years after having been admitted in any status.
  • Have not been convicted of an aggravated felony.

If granted, the judge dismisses the removal proceedings, and the individual keeps their green card. This is a discretionary grant, meaning the judge weighs the "positive factors" (family ties, length of residence, rehabilitation, community service) against the "negative factors" (criminal record, immigration violations).

212(h) Waivers

If the removal is based on certain criminal grounds, a 212(h) waiver may be available if the resident can show that their removal would result in "extreme hardship" to a U.S. citizen or LPR spouse, parent, son, or daughter. This is often used in conjunction with a new application for adjustment of status if the resident has a new qualifying petition (like a family-sponsored I-130).

Adjustment of Status in Court

In some cases, a resident in removal proceedings can apply to adjust their status again. This might happen if the original green card was rescinded due to a technical error or fraud, but the individual is now eligible for a green card through a different path (e.g., a new marriage or an adult U.S. citizen child).

Procedural Nuances: The Impact of 2025/2026 Policy Shifts

As of April 2026, USCIS has refined its approach to NTA issuance. Under policy guidance established in early 2025 (specifically referencing the evolution of PM-602-0187), USCIS focuses its enforcement resources on individuals who pose a threat to public safety or national security. However, for green card holders, the mandatory NTA issuance for denied I-751s or rescinded statuses remains a standard procedure.

One significant change in the current landscape is the increased emphasis on "prosecutorial discretion." In some instances, if a resident has strong equities and a minor violation, DHS attorneys may agree to terminate the removal proceedings or administratively close the case, allowing the resident to resolve the underlying issue with USCIS directly. This is not a guarantee of status but a procedural pause that can be vital for gathering evidence.

Administrative Appeals and Judicial Review

If an Immigration Judge orders removal, the resident has the right to appeal the decision to the Board of Immigration Appeals (BIA) within 30 days. Filing a timely appeal usually stays the deportation, meaning the individual can remain in the U.S. while the BIA reviews the case.

If the BIA affirms the removal order, the resident may seek further review in a U.S. Court of Appeals. Judicial review at this level is often limited to legal and constitutional questions rather than factual disputes. Throughout this process, maintaining a valid work permit (EAD) is often possible, provided the underlying applications for relief remain pending.

Strategic Considerations for Residents

Navigating USCIS green card removal proceedings requires a meticulous approach to evidence and deadlines. Because the stakes involve permanent exclusion from the United States, several strategic steps are generally recommended for those at risk:

  • Timely Filing: For CPRs, the importance of the 90-day window for I-751 cannot be overstated. Even if a marriage is failing, filing the petition with a waiver request is far better than not filing at all.
  • Evidence Collection: For those contesting a NOIR or a marriage fraud allegation, contemporaneous evidence (joint tax returns, bank statements, photos, and affidavits) remains the bedrock of a successful defense. In 2026, USCIS and the courts are increasingly looking for digital footprints of a shared life, such as shared utility accounts managed via mobile apps or digital communication records.
  • Avoiding Criminal Complications: Any criminal charge, even a misdemeanor, should be analyzed by an immigration specialist before a plea is entered. Certain "minor" crimes can be reclassified as CIMTs or aggravated felonies for immigration purposes, triggering mandatory removal.
  • Response to NOIR: Never ignore a Notice of Intent to Rescind. An unanswered NOIR is essentially an admission of ineligibility, making the subsequent court case much harder to defend.

The Difference Between Administrative and Judicial Removal

It is important to clarify that USCIS itself does not "deport" people in the physical sense. USCIS manages the administrative status—granting, denying, or rescinding the green card. The actual "removal" or "deportation" is a judicial process managed by the Department of Justice (EOIR) and enforced by Immigration and Customs Enforcement (ICE).

When USCIS finishes its work—for example, by rescinding a status—it hands the baton to ICE and the immigration court by issuing the NTA. A green card holder remains a resident until a final administrative order of removal is issued by the judge or the BIA. This means that during the pendency of the court case, the individual generally retains the right to work and live in the U.S., though their ability to travel abroad is severely restricted and often ill-advised.

Final Thoughts on Maintaining Status

The complexity of USCIS green card removal proceedings highlights the conditional nature of the "permanent" resident status. Whether the issue is a missed deadline for removing conditions, an old criminal conviction, or an allegation of initial ineligibility, the U.S. immigration system provides a robust—albeit difficult—framework for defense.

As policies evolve and enforcement priorities shift, staying informed about the requirements of residency is the first line of defense. Permanent residents are encouraged to maintain thorough records of their continuous presence, financial co-mingling (if marriage-based), and clean criminal records. When the government moves to rescind or remove, the ability to present a cohesive, evidence-backed narrative is often the difference between staying in the U.S. and losing a hard-won future.