Being arrested is a scary situation for anyone in Ohio, but this is even truer for those here on student visas or otherwise as legal residents. If you are convicted of a major crime in the United States, your visa can be revoked, and you will be deported after serving your sentence.
Most people know that a felony conviction for serious violent crimes like murder will get you removed from the United States, but what about lesser crimes? Can you get deported for drugs?
Drug Crimes and Deportation: What the Law Says
The answer depends on the drug crime. Under U.S. law, any aggravated felony or crime of moral turpitude can lead to deportation.
What is a Crime of Moral Turpitude?
A crime of moral turpitude is simply any crime that is viewed as discreditable and was committed with some degree of intent, willfulness, or recklessness. Serious trafficking charges, as well as any violent drug-related crime, have been widely defined as crimes of moral turpitude. You will face automatic deportation.
Aggravated Felonies: A Gray Area in Immigration Law
In general, what makes a felony “aggravated” is vague under immigration law, which means that almost any felony drug conviction may be able to apply. Because of the ambiguity in how these laws are interpreted, it’s crucial to consult an immigration-savvy criminal defense attorney.
Can You Be Deported for a Misdemeanor Drug Charge?
Unfortunately, even some misdemeanor drug convictions can trigger removal proceedings. Immigration law specifies that any violation of a controlled substance law—whether federal, state, or local—can be grounds for deportation.
The One Exception: Personal Marijuana Possession
The law does offer a limited exception: a single offense involving possession of 30 grams or less of marijuana for personal use typically does not result in deportation. Still, this is one of the few exceptions, and it’s not guaranteed.
What the Supreme Court Says About Minor Drug Offenses
This may seem grim for anyone arrested for drugs, but the Supreme Court has determined that this must be reined in. A series of Supreme Court decisions has demonstrated that minor drug crimes such as:
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Low-quantity “distribution” charges
It is clear that the Court is recognizing the absurdity of deportation for drug crimes that would not require serious consequences for citizens.
The Risk Still Exists: Why You Need a Strong Defense
Still, immigration law regarding drug convictions is widely undefined. Depending on the immigration judge you find yourself facing, you could end up deported even when you had thought that you should not be. That’s why U.S. visa-holders need an aggressive defense against any drug charges in the first place.
Arrested for Drugs in Ohio on a Visa? Protect Your Future.
If you are arrested for a drug crime in Ohio while here on a visa or green card, a lot is at stake. You need to ensure that you have an experienced Ohio criminal defense lawyer by your side to help you navigate the best outcome possible, while taking into consideration all the immigration implications.
At Luftman, Heck, & Associates, we have years of experience with difficult cases like these. Call Ohio drug lawyer Ben Luftman today for a free consultation on your case at (614) 500-3836 to find out how we may be able to help.
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