For example, children who are brought here by their parents, illegally, across the border, cannot adjust their status to that of a legal one, even if they finished school and college here, are married to U.S. citizens and have U.S. citizen children. Same goes for persons who might have committed a crime in the past, if the government believes they committed an aggravated felony – and, for the purposes of immigration law, even some misdemeanors can be considered aggravated felonies. Illegal immigrants who get detained by Immigration and Customs Enforcement are often moved across the country to various detention facilities (New York detainees are often moved to Texas, for example), which makes their defense and the proper adjudication of their cases very difficult. Many of those facilities are no better than jails; in fact, some of them are jails, rented by the federal government from the States. The procedural due process for immigration detainees gets written entirely by the federal authorities; the Courts accept that immigrants’ rights are severely limited compared to those of U.S. citizens.
Predictably, when these two areas overlap, the results are often shockingly egregious. Roughly put, pretty much every drug offense is sufficient to permanently bar getting a green card or obtaining U.S. citizenship. (I have to mention, though, that there is a narrow exception to the rule: if it’s just an offense of simple possession of 30 grams or less of marijuana, one could ask the government to make an exception and let him or her off the hook.)
Below, I try to summarize the current immigration law, as it pertains to people with drug convictions:
- Any controlled substance conviction is a ground for deportation. (That also applies to green card holders. Many people don’t realize that green card holders can, and often are, easily deported for many crimes, which, under state law, often carry no jail time whatsoever.)
- A conviction or an admitted commission of a controlled substance offense would pretty much bar a person from obtaining a green card, ever. Same goes for when the government has reason to believe an individual is a drug trafficker. In that case, a conviction isn't even necessary.
- A conviction or an admission of a controlled substance offense makes a person ineligible for citizenship for 5 years.
- Now, if it’s an aggravated felony conviction, then a person is permanently ineligible for citizenship. Since, (remember?) the list of offenses that the government considers aggravated felonies is very expansive, most drug offenses would fall under the category. An example would be any sale or an intent to sale offense or simple possession of more than 5 grams of crack. So, many people who had ever committed a drug offense in the past are permanently unable to obtain U.S. citizenship, no matter how long they had been living here.
- As I mentioned above, these people, in addition to being unable to obtain their citizenship, would also face deportation – and, if the government considers their offense to be an aggravated felony, they could also face prison time, would never be able to enter the U.S. again and would have to remain in detention for the duration of their deportation proceedings, which often takes many months.
- Furthermore, an aggravated felony would make a person ineligible for asylum; if the offense involves drug trafficking, that person would not be able to ask for relief even if there is a good chance that he or she would be killed or tortured in his home country, once deported.
civil infraction and green card process
Does anybody know what happens if you get a civil infraction for possession of marijuana while you are in the process of obtaining a green card?
I would think they will
I would think they will deport. My husband has two simple possessions and they have denied his case. You were lucky to get as far as getting a green card.
Appealing a criminal conviction and immigration status
My fiance is currently incarcerated for a felony drug charge in MD. This is a first offense. He has an appeal date set for November 2009. He will be released from a one year sentence in March 2009. An immigration detainer was issued and prevented a home detention option. He currently has a green card. What happens in a case when your criminal appeal date is after the time that you are detained by INS? Will/Can he be released on bond until his criminal appeal date?
Obtaining a visa to enter USA after admitting to Marijuana use
My husband was in the process of getting a green card when they preformed a drug test at the interview in Ciudad Juarez. Rather than be caught lying he admitted to marijuana for personal use. He was told to come back in 3 years. Supposedly it was normally 5 yrs but because he was honest they lowered it to 3yrs. He never went back and 8 years have passed and recently he applied for business visa and they told him no. What is the best way at this point for him to get a visa to enter the USA? Should he reapply for the green card? Or is it impossible?
Obtaining a Greencard after being convicted of drug sales
My husband sold 2.5 grams of marijuana to an undercover cop here in Florida. He was here on an OPT Visa from the Bahamas. He graduated, and was sentenced shortly after that to 2 years probation, drug classes, and 40 hours community service. They told him for his probation he would be eligible for early termination after a year of good behavior, so he should be getting off this July. His charges were "OTH.DRUG-SALE/MANUF/DELIV", but the judge said after he completed everything adjudication would be with held. His visa expires in October. We are now married, and we have a 1 month old baby. I'm terrified he's going to be deported. Do you think he has any chances of getting his greencard?
drug charge
My husband is awaiting a removal proceedings hearing. I want to know what are his chances in getting a waiver. He was charged with more than 1 gram but less than 4 grams of cocaine about 10 years ago, and just recently was picked up by ICE? He is a permanent resident has been since he was a child. Are his chances to stay in the states good?
greencard after fellony possession
i have benn working in us for 10 yrs with a work visa,I have been marryed for 6 yrs , she got a greencard 2 week a go .
i got cot last september with 2 plants of marjuana and i am getting charged of possession of mj from 3 ounces to 5 pounds in a school zone that is a fellony in texas.the charges are still pending
i am trying to applay for my green card tru my wife , what is the chance of gettin regected or approved ????
Adel Georgia cop trying to deport my husband!!
Please someone help I really need answers. My husband and I have been together for two years and have two kids; we got married on July 26,2011. We were driving from Florida to Chicago and ended up getting pulled over in Adel, Georgia. My husband ended up getting arrested and charged with possession of cocaine about 9 grams or so they say and that's after he was detained for three days. It makes no sense at all my car was searched and the dog never showed any signs that he/she detected drugs in the car. He is illegal and has been in America since he was 2 years old. He has worked, gone to school, and filed for his taxes. This is his first offense. What will happen to him? I am really desperate please anyone write back if you have answers. I am currently in Chicago trying to work, I just had my second child November 25,2011.
Thank You
Another important thing I
Another important thing I forgot to mention, the second day he was detained the cop wanted to charge me with that cocaine and I was pregnant!? I've asked people in Adel about him and they have ALL said he is racist towards hispanics and blacks. WTF!!!!
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