The preceding articles explain that U.S. immigration law has a complex structure and attracts significant attention from legal experts, immigrant residents, and scholars because of its impact on immigrants’ rights. The purpose of this article is to eliminate confusion regarding ties to deportation as a consequence of drug-related offenses and inform the reader about the circumstances that may make a noncitizen subject to deportation under federal immigration laws.
The Intersection of Criminal Convictions and Deportation
Immigrants in the U.S., whether naturalized or not, face deportation risks from a criminal record, even if they hold a nonimmigrant visa or green card. They can be deported simply for lacking necessary documents.
The Complexity of Criminal and Immigration Law
It is crucial to understand and balance the delicate connection between crime and immigration law to avoid excessive complications. In situations where one is a noncitizen involved in criminal processes, it is good to hire an immigration advocate from the earliest time possible. A person may consult with an immigration attorney who can explain steps one should take when a conviction affects immigration or possible ways of rectifying the situation.
Grounds of Deportation and Crimes
In the United States, several laws govern immigration, identifying various grounds for deportation. Criminal convictions and drug-related offenses are valid reasons for deporting a foreign-born individual.
The determination of whether a specific criminal conviction aligns with a ground of deportation often hinges on the following key questions:
1. Was it an act of Moral Turpitude In the first Instance (CIMT)?
A crime of moral turpitude is defined more by its reprehensible character and inherently the prisoner has to act with knowledge, intentionality, Volition, or wantonness. Noncitizens can be deportable for:
Any offense of moral turpitude committed before five years of the person’s admission to the United States or incarceration offense carrying a thirteen-month possibility of imprisonment.
A prior conviction of two or more crimes that involve moral turpitude not derived from one criminal wrongdoing.
Drug offenses like distribution, trafficking, and possession are often considered crimes of moral turpitude, leading to deportation. Attorneys should review the specific law and case details to determine if a conviction qualifies as a CIMT.
2. Was the crime an aggravated felony?
U.S. immigration laws deport noncitizens convicted of an aggravated felony, regardless of sentence length. This distinction highlights the difference between federal and state classifications of the crime.
There are circumstances in which drug trafficking has been classified under the list of aggravated felonies for immigration purposes. However, it is important to note that the characteristics of a drug-related conviction should be studied with the help of an attorney.
3. Is the crime separately listed on the grounds of deportation?
U.S. immigration laws classify drug crimes as grounds for deportation. Non-citizens convicted of drug-related offenses, including attempts or conspiracies, face deportation under state, federal, or equivalent foreign laws.
However, there are exclusions of convictions that stem from a single marijuana offense that involves possession of 30 grams or shares for personal use. An individual who holds such convictions does not warrant deportation.
The U.S. can deport any alien who abuses or is addicted to narcotic drugs, regardless of conviction. If a respondent admits drug use or if medical records show drug use, authorities may start removal proceedings.
Seek Legal Counsel for Clarity
In complex cases involving criminal convictions and immigration, consult a qualified immigration attorney. The impact of a drug-related conviction on immigration status is multifaceted and requires a detailed analysis of the conviction and federal law to assess the risk of deportation.
Remember that each case is unique, and the outcome can vary based on the conviction’s specifics and the federal court circuit handling the immigration case. Consultation with legal experts is the key to navigating these intricacies and safeguarding one’s immigration status in the United States.
