The United States has strict laws related to drug crimes. Many of these have harsh penalties, including long prison sentences. When it comes to immigrants, the drug laws in the United States are especially strict. In addition to traditional criminal penalties, immigrants in the United States often also face deportation for even minor drug offenses.
Regardless of their status, if a person is charged with any drug crime in the United States, it can negatively impact their immigration status. As per U.S. law, any person convicted in drug-related cases is considered deportable.
When you are a permanent resident convicted of a drug offense,, your status may be revoked immediately, and you will be deported from the United States. But if you are not a permanent resident and you are convicted of a drug crime, you can expect your pending visa and immigration requests to be rejected.
What is the Process For The Cancellation Of Permanent Resident Status?
If you are a green card holder who is convicted of a minor drug offense, you may be able to take advantage of a process called cancellation of removal. This is only available to green card holders convicted of possession level offenses. Those involved in the manufacture, sale, or distribution of narcotics are not eligible. However, those that are can request this relief to have their removal cancelled. If approved they can stay in the country and their status will remain unchanged. These requests must be made in the immigration court.
There are specific requirements that a green card holder has to show to take advantage of cancellation of removal. These include:
- You have to have been a permanent resident for five years
- Seven years continuous residence in the United States prior to the offense
- No convictions for aggravated felony
If you have been charged with any serious drug offense, you need the help of an experienced criminal law attorney right away. Your lawyer will evaluate your case and investigate every issue thoroughly. Don’t face a drug charge alone. Visit a Website to discuss your case.
Difficulties Achieving a Waiver in Drug Cases
One of the best, and simultaneously worst, factors in seeking a waiver from deportation following a drug conviction is the fact that even if you meet the criteria, the decision is still completely at the judge’s discretion. So, even if your drug offense was minor and you can demonstrate that you meet the residency and criminal record requirements, a judge can still deny your request and subject you to deportation.
If the judge determines that your behavior should preclude you from staying in the United States, then he or she can issue an order of removal and deport you.
Appealing an Order of Removal?
You have the right to appeal the judge’s order in immigration court. However, you can only appeal an order of removal on certain legal grounds. These grounds include:
- Abuse of judicial discretion in denying your relief; or
- Judicial error in application of the law to your facts.
If you cannot demonstrate one of these grounds to the satisfaction of an appeals court, then your removal order will stand.
Find an Attorney Today
If you or a loved one is an immigrant in the United States and facing a criminal drug charge, you must understand the seriousness of the risks you are facing. Not only is your freedom at stake, but so is your immigration status. Don’t leave these consequences to chance.
Talk to an experienced attorney with knowledge of criminal and immigration law. An attorney will place you in the best position to avoid conviction and remain in the United States. The sooner you contact an attorney, the sooner you can put this matter to rest.
Remember that even if you are not a United States citizen, you have rights in the United States court system. Speak to one of our attorneys today to discuss your situation.