Being convicted of a drug crime can be especially challenging for individuals who are not American citizens, as drug-related offenses can often lead to deportation. If you’re an immigrant facing a drug charge, it’s imperative that you enlist the services of an experienced defense attorney. Learn more about this situation by reviewing the answers to a few frequently asked questions about drug crimes and deportation.

4 FAQ About Drug Charges & Immigration Status

Are all immigrants at risk?

If you’re an undocumented immigrant, a drug crime conviction will prevent you from acquiring a residency or work permit. Your undocumented status also means your chance of deportation is high.

Visa and green card holders are also at risk. Under New York state law, a drug conviction can mean the removal of your green card, although you can appeal this if the crime you’re facing is not for drug trafficking. You may also be prevented from renewing your card or becoming a citizen altogether. 

What type of crimes can you be deported for?

Under United States immigration law, nearly all drug crimes—whether state or federal offenses—can be grounds for deportation.

However, certain offenses carry more weight than others, and the court typically analyzes these crimes according to three guidelines: whether it was a crime of moral turpitude, whether it was an aggravated felony, and whether it is listed separately among the grounds of deportation.

For example, drug crimes that are carried out willfully, such as drug distribution and trafficking, are considered crimes of moral turpitude and can serve as a reason to deport an immigrant. While drug possession alone is less severe and does not involve moral turpitude, it is listed separately as grounds for deportation.

Do marijuana-related offenses count?

Most drug crimes carry the risk of deportation, including possession of more than 30 grams of marijuana. There is one loophole in New York, where marijuana is legal for medical use. If you have a medical marijuana registry ID card that proves you’ve been prescribed the drug for medical purposes, you’re allowed to have it.

How can a drug offense attorney help?

An attorney that specializes in drug offenses will be familiar with all state and federal drug laws. They’ll be able to assess the severity of your situation and determine if there are ways to reduce your charges and avoid deportation.

If you’re facing a drug conviction, the team at Larry R. Koss Law Firm can help. This firm in Brockport, NY, has been providing personalized legal representation to defendants throughout Monroe, Orleans, Niagara, and Genesee counties for more than 40 years. Visit the website to learn more or call (585) 637-3961 to set up a consultation with a drug offense lawyer.