Under United States Immigration law a non-citizen who has been convicted of a controlled substance violation may be deported or denied entry into the United States, even if the non-citizen is a lawful permanent resident. While the term "drug" and "controlled substance" are often used interchangeably, the fact is that they are not synonymous for purposes of removal and deportation.
Under U.S. immigration Law, a conviction of a controlled substance offense is a conviction for a crime involving a controlled substance as specifically defined under the federal Controlled Substance Act.
It is extremely important to understand that just because a conviction for a controlled substance related crime may have relatively minor criminal penalties, that same offense could be a considered extremely serious under United States Immigration law. In fact, the government can deny entry to a non-citizen as long as they have reason to believe the individual has been involved in a controlled substance offense, regardless of whether the individual actually has a criminal conviction.
While convictions for controlled substance offenses could have potentially devastating consequences on an individuals immigration status there are potential defenses to deportation and removal. If you are facing deportation and removal due to a controlled substance offense it is important that you consult with an immigration attorney who can analyze what, if any, defenses are available to you.
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