Featured News 2015 Can I Get Deported for a Drug Offense?

Can I Get Deported for a Drug Offense?

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!

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