What Drug Convictions Make Me Deportable?

If you are not a U.S. citizen, a conviction for any type of criminal offense in the state of California can result in your deportation or removal from the United States. This is the case whether you are present in the U.S. lawfully or not. Of all convictions, drug convictions have some of the harshest immigration consequences. As a result, convictions for certain drug offenses may cause your removal from the U.S. According to Immigration Nationality Act (INA) section 237(a)(2)(B), any immigrant who has been convicted of a controlled substance offense (other than a single offense involving possession of less than 30 grams of marijuana for personal use), is “deportable.” Thus, almost any drug crime – including possession, under the influence of, possession of paraphernalia or sale related crimes - can all make you subject to deportation. Furthermore, some drug convictions may qualify as “aggravated felonies” under immigration law definitions, even if they do not constitute a felony or an aggravated felony under the criminal law that you violated. Drug trafficking and related offenses are deemed aggravated felonies regardless of what your sentence was and whether or not the state court charged with a felony or misdemeanor. This includes offenses like drug sales and possession for sale. These carry the harshest immigration consequences possible. (See blog re: http://www.landerholmimmigration.com/aggravated-felony-can-impact-immigration-case/) The skilled and knowledgeable immigration lawyers of Landerholm Immigration, A.P.C. are here to defend against removal from the country on the basis of a criminal conviction. We handle these types of cases on a regular basis and have valuable knowledge about how to best represent your interests, based on your individual circumstances. By contacting our office right away, you will place yourself in the best position possible to defend yourself against potential removal from your home and your family.