Can I Get Deported for a Drug Offense?
Posted on May 5, 2015 8:15am PDT
The most common reason why people are placed in removal proceedings is because there is evidence that they have broken a state or federal law. In the United States, if you commit a drug offense, you could face some of the most unforgiving immigration consequences, including:
- Deportation
- Mandatory detention
- Loss of asylum
- Inability to get asylum
- Temporary or permanent bar to U.S. citizenship
- If you re-enter illegally, a stiff federal sentence
If you're a lawful permanent resident who is facing drug charges, you're likely concerned about avoiding deportation. An immigration attorney can help, and will want to know if it was a controlled substance offense, or if was it a drug trafficking offense.
In the face of drug charges and deportation, the following must be considered:
- Are you a noncitizen?
- Did it happen after admission into the U.S.?
- Will you likely be convicted?
- Which law are you accused of violating?
- Was it something other than 30 grams or less of marijuana?
Generally, if you're facing a conviction for a federally covered drug, for possession only, possession with intent to sell, sale or distribution, or marijuana possession – all of these are deportable.
The only one-time exception is simple possession of 30 grams or less of marijuana.
Undocumented Immigrants & Inadmissibility
Undocumented immigrants are primarily concerned about inadmissibility. In the case of an undocumented citizen, there is no exception for 30 grams or less of marijuana. However, an immigrant with a single conviction of 30 grams or less of marijuana, may be able to apply for a "waiver of inadmissibility" if they can prove it would cause a hardship to certain family members.
If you're a non-U.S. citizen facing drug charges, an immigration attorney can make all the difference in your case. Use our directory to find an experienced lawyer near you!