In short, yes – in most cases, you are deportable/removable from the United States if you have a drug conviction. This is true whether you are in the country legally or not.
If you have illegally entered the U.S., and remained illegally in the country, you run the risk of being deported at any moment for that reason alone. If you have a green card, you could lose it and be deported from the U.S. If you are in the process to adjust status, your request will be denied, and deportation proceedings will be initiated.
However, as a legal permanent resident you can benefit from Cancellation of Removal in which the conviction and case will be reviewed by an Immigration Judge and take all evidence into consideration. The likelihood of deportation/removal depends on the seriousness of the offense. For example, simple possession of marihuana is treated differently than simple possession of cocaine. Other considerations include, the type of controlled substance, the quantity, previous offenses, and whether it is considered an aggravated felony or also a crime involving moral turpitude (“CIMT”).
CIMTs have been found in narcotics distribution and trafficking convictions. Drug offenses are also named individually in Immigration Laws as grounds of deportation. Other drug offenses, such as possession or use, are usually not observed as crimes involving moral turpitude. Also, if additional charges were added to a drug offense, these may be considered CIMTs.
If you get your drug conviction wiped from your permanent record, you will be free of the criminal penalties associated with the conviction; but you will still be subject to immigration consequences. When facing a charge of drug paraphernalia, it’s critical to show that the controlled substance in question was less than 30 grams of marijuana. It is up to the waiver applicant to prove they are eligible under these conditions.
It is very important to consult with an immigration attorney before you plead to an offense in order to assess the immigration consequences of a criminal conviction. An immigration attorney can also explain to you why in some circumstances even if you are not deportable you should not leave the United States because you could be placed in deportation proceedings upon your reentry to the U.S. Often people learn about this issue until they try to reenter the U.S.
At the J. Molina Law Firm, we focus on these types of case! We can help understand your situation and the consequences of a criminal conviction. If we can avoid a immigration consequences we can help you fight to stay in the U.S. and protect your American Dream. Call us at (469) 708-5800 to schedule your appointment or book online. Contact us today!
