Can your green card be revoked? What NRIs must know about new US rule

If you're a green card holder-or on the path to becoming one-don't assume your status is permanent and untouchable

A new US legal development could affect thousands of Indian green card holders—and many may not even be aware of it. The US Department of Justice recently told a federal court that the Attorney General has the authority to revoke lawful permanent resident (LPR) status—commonly known as a green card—at any time, even years or decades after it has been issued.

 

This legal interpretation was presented during a case involving New Jersey-based Imam Mohammad Qatanani, whose green card was denied in 2006 due to alleged—but unproven—links to a banned organisation. His case has reignited fears among immigrant communities, including Indians, about how secure a green card really is.

 

 

The case of Imam Mohammad Qatanani

Central to this legal debate is the case of Imam Mohammad Qatanani, a Palestinian-born cleric who has resided in New Jersey since 1996. In 1999, Qatanani applied for a green card. His application was denied in 2006 due to allegations of undisclosed detention by Israeli authorities in 1993 and alleged links to Hamas, which he denies. 

 

An immigration judge ruled in Qatanani's favor in 2008, granting him permanent residency. However, the Board of Immigration Appeals later reversed this decision, citing procedural issues such as the absence of a finalized visa number and incomplete biometric data. 

 

DOJ's argument and legal implications

During the recent hearing, DOJ attorney Lindsay Murphy contended that the Attorney General has the discretion to revoke green cards at any time if procedural steps were not fully completed, regardless of how much time has passed since the initial approval. When questioned about the possibility of revocation even after 10 or 20 years, Murphy affirmed that the regulation imposes no time limit. 

 

This stance introduces a significant shift in the perceived permanence of green card status, suggesting that lawful permanent residency could be subject to revocation long after issuance if administrative oversights are identified.

 

Legal experts have expressed apprehension regarding the DOJ's position. David Isaacson, Qatanani's attorney, argued that the government's failure to appeal the initial favorable ruling within the standard 30-day window should render the decision final. 

 

Stephen Yale-Loehr, an immigration law professor at Cornell Law School, told the Time that while green cards can be revoked for reasons such as fraud or criminal activity, the notion of indefinite revocation based on procedural technicalities is unprecedented and could undermine the stability of lawful permanent residency. 

 

"While green card holders enjoy many of the same rights as U.S. citizens, they can still face deportation under certain conditions, typically for criminal behavior or violations of immigration law, Loehr told the Time. 

 

Foreign nationals can also lose their visas for endorsing or being associated with terrorist groups, but only if the government can provide material evidence.

 

"In any deportation case, the burden of proof rests with the government to demonstrate that the individual has violated U.S. immigration laws. Typically, this would involve criminal convictions or other serious legal violations," Loehr was quoted as saying.

 

 “The law contained within the Immigration and Nationality Act is clear. The Department of Homeland Security cannot unilaterally revoke a permanent resident's status, Amelia Wilson, Assistant Professor at Elisabeth Haub School of Law at Pace University, told Newsweek. She added that revocation requires a formal process, including a Notice of Intent to Rescind and a hearing. “It is the government that bears the burden of proving by clear, unequivocal, and convincing evidence,” Wilson said.

 

So, what are the grounds for Green Card Revocation?

According to immigration attorneys and court filings, a green card can be revoked for:

 

• Misrepresentation or fraud during the application process (even unintentional)
• Criminal activity, especially if it wasn’t disclosed
• Alleged ties to certain organisations
• Security concerns or immigration violations

 

The key change here is not the grounds themselves—but the interpretation that there is no time limit to when these reviews or revocations can occur.

 

Implications for NRIs and Green Card holders

The DOJ's argument, if upheld, could have far-reaching consequences for NRIs and other green card holders:

 

Increased vulnerability: Green card holders might face revocation of their status due to administrative oversights, even after years of lawful residence.

 

Legal uncertainty: The absence of a statute of limitations for revocation could lead to prolonged periods of uncertainty regarding one's immigration status.

 

Need for vigilance: Green card holders may need to proactively review their immigration records and consult legal experts to ensure compliance with all procedural requirements.

 

The bigger picture

This isn’t the first time U.S. immigration policy has raised alarm among legal residents. Over the years, policies like the Public Charge Rule and increased scrutiny of H-1B visa holders have highlighted how quickly the landscape can shift.

 

This case underscores a growing trend: the U.S. immigration system is increasingly relying on retrospective scrutiny. Even legal residents aren’t fully immune to future legal interpretations or policy changes.