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.

This a question that gets asked often and is based upon a certain amount of confusion. The starting point for alleviating the confusion and understanding the key differences between a green card and a visa is understanding that the entire American immigration system is based upon only two categories of persons: immigrants and non-immigrants.

What Is A Visa And Who Can Get One?

A visa, as the term is often used, generally means temporary permission issued to a non-immigrant allowing the person to enter and remain in the United States for a limited period of time with the expectation that the non-immigrant will return to his or her home country prior to the expiration of the visa. For example, students who come to the United States to study, businesspersons who come to transact business for a short period and tourists are all non-immigrants that receive visas. Visas are generally issued at United States Embassies overseas which are part of the United States Department of State.

What Is A Green Card And Who Can Get One?

On the other hand, a person who wants to live in the United States on a permanent basis is given an immigrant visa. Once a person has an immigrant visa, he or she can seek permanent residency in the US by getting a permanent residency card or “green card” issued by the Department of Homeland Security. The card derives its name from the fact that, historically, it’s been green in color. Hence, it came to be known informally as the “green card.” Once an individual is issued an immigrant visa, they can travel to the United States and then apply for a green card. The following persons can apply for a visa and green card at the same time:

• People with immediate relatives who are US citizens living in the US
• Most people applying for employment-based immigration
• An abused spouse or child if the abuser is a US citizen
• Special immigrant juveniles

There are two types of green cards:

1. A conditional resident card (conditional “green card”) lasts for two years and is for foreign investors or spouses of an American citizen who got married less than two years before you received permanent resident status or came to the U.S. on your immigrant visa. A person can’t renew a conditional green card — you have to prove, within 90 days of the card expiring, that you have met the conditions necessary to get a permanent resident card. If you don’t prove this before the card expires, you will no longer have lawful resident status in the United States.
2. A permanent resident card(permanent “green card”) lasts for 10 years. You’ll need to get a new card every 10 years and can submit the paperwork as early as six months before your green card expires. If you let your card expire, your status doesn’t change (so you’re still a permanent resident and won’t be sent home!) but you are breaking the law, because permanent residents are required to carry a valid green card at all times.

Understanding the difference between a visa and a green card requires understanding the difference in categories of persons divided between immigrants and non-immigrants.

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.

The short answer is “yes.”

Can You Sue USCIS If Your Immigration Petition is Taking TOO LONG

One of the most frustrating aspects of dealing with the immigration system can be long delays. The uncertainty of not knowing what the future holds is stressful enough. Adding to that stress can be the long delays often encountered in dealing with a bureaucracy that moves at its own speed.

The good news is that there are legal remedies that can help provide relief. A person can file a Writ of Mandamus which is basically a request to have a federal judge order the government to act and carry out its duty. A number of immigrants and the advocacy groups that help them have increasingly turned to this mechanism to force the United States Citizenship and Immigration Service (USCIS) to act faster.

Anyone that has an immigration application pending for an unreasonable amount of time can file a federal lawsuit. The key is showing that the applicant has “standing” to sue, is suffering harm and the government is taking an unreasonably long time to carry out its duties to act. Many immigrants fear suing the USCIS believing they may anger government officials who, in turn, could retaliate by denying their application. While this is a very legitimate and understandable fear, BestImmigrationLawyer.com has found that generally this rarely happens. Why? Because government officials are rarely emotionally invested in rejecting an application. In the majority of cases, the delays are due to bureaucratic circumstances beyond the government official’s control. The vast majority of government workers are good people doing their best to do a difficult job with limited resources. They understand the stakes are high for most immigrants and that sometimes legal action is necessary to move things along.

Once you decide that a lawsuit is necessary, it is extremely important to have a lawyer that understands how to initiate the suit and properly set forth the facts in a manner that will bring success. At BestImmigrationLawyer.com we have a track record of success of getting the USCIS to act favorably for our clients. We know how to present the evidence and facts in a light that will impress a federal judge to appreciate the significance of what is at stake for our clients. In prior cases, we have achieved success by simply filing the lawsuit without having to do more because USCIS then immediately acted upon our client’s immigration petition.

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.