This is a question that comes up often. The consumption of marijuana has become a controversial topic in the United States in recent years, particularly due to the ongoing process of legalization in several states. However, the situation becomes more complex when it comes to the rights and restrictions of non-U.S. citizens in the country. This blog will examine the question: Can I get deported from the United States for smoking marijuana? At BestImmigrationLawyer.com, it’s a question we get asked quite often.

Federal vs. State Laws

To answer this question, it’s essential to first understand the distinction between federal and state laws in the United States. While many states have decriminalized or legalized marijuana use to varying degrees, it remains a Schedule I controlled substance under federal law, as outlined in the Controlled Substances Act (CSA). As a result, marijuana use is still presently illegal at the federal level.

Immigration Law and Marijuana Use

Since immigration is a federal matter, the use of marijuana by non-U.S. citizens can have significant consequences on their immigration status. In 2019, the U.S. Citizenship and Immigration Services (USCIS) issued a policy alert, clarifying that the use of marijuana, even in states where it is legal, can constitute a violation of federal law and may lead to severe immigration consequences. These consequences can include denial of naturalization, denial of admission or re-entry, and even deportation.

Deportation Risks

Under the Immigration and Nationality Act (INA), non-U.S. citizens can be deported for various reasons, including engaging in criminal activity or violating the terms of their visa. While a single instance of marijuana usage will not likely result in deportation, it could lead to complications, particularly if an individual is arrested or convicted for marijuana-related offenses.

For example, a non-U.S. citizen can be deported for committing an aggravated felony, which includes drug trafficking. A drug trafficking conviction does not require proof of sale or distribution; possession of a certain amount of marijuana can be considered sufficient evidence of intent to distribute. This means that non-U.S. citizens found with large quantities of marijuana, even in states where it’s legal, could be at risk of deportation.

Additionally, any non-U.S. citizen who is convicted of a crime involving a controlled substance, including marijuana, can be deemed inadmissible to the United States. This can impact their ability to obtain or renew a visa, or to apply for lawful permanent residency (a green card). It’s crucial to note that even a misdemeanor marijuana possession conviction can result in such consequences. Furthermore, non-U.S. citizens who admit to using marijuana, regardless of whether they were convicted, can also be deemed inadmissible. This is because the immigration statutes consider any violation of controlled substance laws, including admitting to using marijuana, as grounds for inadmissibility.

Mitigating Factors

While the risks outlined above are genuine, it is important to recognize that each case is unique, and the outcome depends on the specific circumstances. Immigration officers and judges have some discretion in determining whether to pursue deportation or deny an application for immigration benefits. They can consider factors such as the severity of the offense, the individual’s ties to the United States, and the potential hardship that deportation would cause to the individual or their family. If you find yourself facing potential deportation over some type of drug charge, it’s extremely important to get the possible immigration lawyer to assist you. The law can be complicated and the consequences severe. Accordingly, having experienced representation can make the difference between deportation and remaining in the United States.

Get The Help You Need

In conclusion, the use of marijuana by non-U.S. citizens in the United States can lead to severe immigration consequences, including deportation. While state laws may permit marijuana use, immigration is a federal matter, and federal law still considers marijuana to be an illegal controlled substance. Non-U.S. citizens should be aware of these risks and make informed decisions about marijuana use. To mitigate the risk of deportation and other immigration consequences, non-U.S. citizens should consult with an experienced immigration attorney, particularly if they have been arrested or convicted for marijuana-related offenses.

At BestImmigrationLawyer.com we have the experience and knowledge to help persons facing the most significant immigration issues. Get in touch with us today and let us help you if you’re facing an immigration issue and need legal help. Our team of lawyers and support staff have dealt with practically every type of immigration issue. We can also help you. Call us today or get in touch through this website.

What Immigration Laws Say About Domestic Crimes

Under the INA, any noncitizen who is convicted after September 30, 1996, of any of the following domestic crimes may be deported.

• domestic violence
• stalking
• child abuse
• child neglect
• child abandonment
• violation of a protective order issued to prevent domestic violence

Domestic violence means a crime of violence committed against a person that:

• has the use of physical force as an element
• is a felony where there is a substantial risk that physical force may be used in the commission of the crime

In addition, there needs to be a domestic relationship between the noncitizen and the victim that is any of the following:

• current or former spouse
• share a child in common
• have cohabitated like spouses – or similar relationship
• have protected status under any applicable domestic or family violence laws

What Happens To Immigrants Convicted Of Domestic Violence?

When a noncitizen is convicted of a domestic violence crime, the local law enforcement agency may notify Immigration and Customs Enforcement (ICE) that the convicted person is an immigrant. ICE also has access to many law enforcement databases across the US and can mine those resources to identify noncitizens that may be deportable.

Often ICE is there to take custody of noncitizens as soon as they are released from the local law enforcement facility. ICE then detains the noncitizens and begins deportation proceedings.

Possible Defenses to Deportation After A Domestic Violence Conviction

There are some defenses to deportation that may be available if you’re facing removal after a domestic violence conviction whether you’re in the US legally or not. Each defense has specific qualifications that must be met to be eligible to claim the defense.

Many of the defenses are not available to immigrants who have committed aggravated felonies. Aggravated felonies are a category of crimes under immigration law that result in the harshest consequences and those who commit such offenses are rarely able to avoid deportation. A crime of violence is an aggravated felony if a noncitizen receives a sentence of 1 year or more.

• Cancellation of Removal – Cancellation of removal may be available to legal permanent residents (LPR) who have been LPR for 5 years, continuously lived in the US for 7 years, and have no aggravated felony convictions. A domestic violence conviction makes this defense unavailable for those without legal resident status.

• Asylum or Withholding of Removal – Asylum and withholding of removal are similar in that they both provide a way to remain in the US for persons who fear persecution if returned to their home country. Asylum is a more favorable status and is more easily obtained but is not available for those who have committed an aggravated felony. An aggravated felony is not an absolute bar to withholding of removal unless it carries a sentence of 5 or more years.

• Convention Against Torture (CAT) – CAT relief is available to those who can demonstrate a substantial likelihood that they would be tortured if returned to their home country. A deferral of removal under CAT is available despite any kind of criminal conviction. A CAT deferral of removal has few privileges and ICE can detain CAT recipients who are considered a threat to public safety.

• Voluntary Departure – Voluntary departure is not a way to stay in the US but is a way to avoid an order of removal and the limitations on returning to the US that go with it. However, voluntary departure is not available to those who have been convicted of an aggravated felony.

Given the limited options for staying in the US after a conviction for domestic violence, it is far better to get assistance from an immigration attorney when you are facing charges of domestic violence. Why? Because an attorney will know how the charges you’re facing will affect your immigration status and can work to see that you are not convicted of an offense that will subject you to deportation.

CONTACT US TODAY FOR HELP

The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you. At the BestImmigrationLawyer.com, we have over 50 combined years of legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories. We can help you wherever you are.