Understanding the Difference Between Green Card Rescission vs. Revocation of LPR Status

Regarding U.S. immigration, two concepts that can lead to the loss of Lawful Permanent Resident (LPR) status are Green Card Rescission vs. Revocation. Though they may seem similar, they have distinct differences in terms of process, scope, and impact. Understanding these differences is crucial for anyone on the path to U.S. citizenship or those holding a green card. Let’s take a closer look.

Rescission of Green Card Status

Officials may rescind an individual’s LPR status if they find the adjustment of status was granted in error. This process typically affects individuals who adjusted their status within the U.S., moving from non-immigrant to permanent resident status.

• Scope: Only individuals who adjusted their status in the U.S. face rescission.
• Timeframe: Authorities must initiate rescission proceedings within five years of the adjustment to LPR status.
• Reasons: Rescission may occur due to an individual’s misrepresentation, failure to meet required conditions, or ineligibility under immigration law at the time of the adjustment.
• Outcome: After completing rescission, the individual loses LPR status and may enter removal proceedings.

Revocation of Green Card Status

Revocation, on the other hand, refers to canceling an individual’s green card or immigrant visa. New information, such as fraud or other violations discovered after the green card is issued, often serves as the basis for revocation.

• Scope: Revocation applies to immigrant visas granted abroad through U.S. embassies or consulates and green cards obtained through adjustment of status in the U.S. It can also apply to other immigration benefits such as work permits or petitions.
• Timeframe: There is no strict timeframe for revocation—it can happen at any time if evidence of ineligibility, fraud, or other issues emerges.
• Reasons: Fraud, criminal activity, or other violations that make an individual ineligible for the benefits received may trigger revocation.
• Outcome: Revocation results in the individual losing their green card and potentially facing removal proceedings.

Key Differences Between Rescission and Revocation of Green Card

• Applicability: Rescission applies specifically to those who adjusted their status within the U.S., whereas revocation can apply to adjustment of status and visas granted abroad.
• Time Limit: Authorities must initiate rescission within five years of adjustment, but revocation has no time limit.
• Basis: Officials typically base rescission on the finding that LPR status was improperly granted from the beginning. Revocation can occur based on new information or violations that emerge later.

Why Rescission vs. Revocation Matters for Green Card Holders

Understanding the distinction between rescission and revocation is essential for anyone holding LPR status or aiming for U.S. citizenship. While rescission has a specific time frame and relates to adjustment within the U.S., revocation can happen at any time and applies more broadly to different immigration benefits.

If you are an LPR or considering naturalization, confirm that you obtained your status lawfully and that it is free from issues that could trigger rescission or revocation. An experienced immigration attorney can help you spot potential risks and resolve them before they escalate. Reach out to the Law Offices of Osas Iyamu, LLC, for assistance with rescission or revocation matters to manage your case effectively.

Navigating the Path Ahead: Protecting Your Green Card Status

Both rescission and revocation can lead to serious consequences, such as losing your green card status and facing removal proceedings. By understanding these concepts and seeking proper legal guidance, you can protect your immigration status. This approach helps you move confidently toward U.S. citizenship.