If you are convicted of possession of cocaine, immigration authorities
can charge you with deportation. This is the case for any type of drug
possession offense, unless the conviction stems from simple possession
of 30 grams or less of marijuana, which you possess for your own use.
Therefore, a conviction for possession of even a small amount of cocaine
can lead directly to deportation charges and hearings before the immigration
court. The United States has instituted some of the most serious immigration
penalties for drug convictions. Whether you possess a very small amount
of cocaine or sell a very large amount of cocaine, you can be charged
with removal. Additionally, a cocaine possession conviction cannot be
waived. In other words, you cannot apply for a waiver of inadmissibility,
which can forgive the crime, at least for immigration law purposes, and
allow you to remain in the country. In fact, no drug possession convictions
are waivable, except for the simple possession of a small amount of marijuana,
as described above. Even a first conviction for a relatively minor drug
possession charge will result in a non-citizen being charged with removal.
Removal based on drug possession convictions has become increasingly common
in the United States for non-citizens. In fact, one report states that
this type of removal increased 43% from 2007 to 2012. No matter what your
immigration status may be, including status as a permanent resident, you
could be charged with removal. In fact, you may be charged with removal
at any time following your conviction, even if it is several years after
the fact. Furthermore, most drug offenses trigger mandatory detention
under U.S. immigration law, which can make it all the more difficult to
fight removal. At
Landerholm Immigration, A.P.C., our skilled and knowledgeable immigration lawyers have the experience
necessary to successfully defend you against removal on the basis of your
criminal conviction. Our Bay Area immigration lawyers handle these types
of cases on a daily basis and know how to best represent your interests
and achieve your ultimate goal of remaining in the United States with
your family. Contact our office right away so that we are able to build
the strongest case possible on your behalf.
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