Criminal charges for drugs are serious criminal charges in migratory procedures. Sometimes, even with criminal charges for drugs or a connection with drugs, there can be ways to regularize migratory status.
When someone faces criminal charges for drugs or has previous crimes involving drug traffic or possession, that can be a decisive factor in terms of whether is it or is not possible to regularize migratory status.
It must be considered that criminal charges relating to drugs, either possession or trafficking, are serious matters that are recommended to avoid. It is ideal to have good moral character and avoid problems with the law since it can be hard to regularize migratory status with this type of charge.
There is a waiver for possession of less than 30 grams of marijuana. It is important to talk with an immigration attorney. A pardon cannot be always obtained if having charges for marijuana possession, even less than 30 grams.
The reason why it is recommended to consult with an immigration attorney about possession of marijuana or other drugs, such as cocaine, is that, unfortunately, there is no pardon available for these charges. That’s the reason for emphasizing having good moral character and avoiding drug-related crimes.
There can be other ways to request a waiver, however, in most cases, there is no way to ask for pardon if having drug-related charges.
If someone is arrested for drug-related crimes, other than possession of less than 30 grams of marijuana, does not mean there will be no way to regularize migratory status. It does imply certain degree of difficulty, but, in some cases, even if the person has this types of crimes, there is a way to regularize migratory status.
A way, despite not common, that can apply for people who meet the requirements (which in most cases, don’t have an idea of this type of migratory procedure) is automatic citizenship.
When someone has a parent, even grandparent, who is US citizen, he/she can obtain the citizenship automatically. There are two different ways to achieve it:
Ways to obtain automatic citizenship
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Being a permanent residence holder before turning 18, and having one parent (or both) who is US citizen.
Either because one of the parents was born in the US, or because he/she became a US citizen. The date in which the parent obtained the citizenship, and the birth date of the beneficiary are important, since eligibility depend on these dates. It is possible that both parents had to become US citizens before the beneficiary turned 18. If the beneficiary was born after 2001, it is only required that one of his/her parents were US citizen before the beneficiary obtained permanent residence. In either of these situations, it is important that the person was Permanent Resident before turning 18. If a person has felonies such as drug traffic or possession, but obtained permanent residence before turning 18, and one of his/her parents (or both) became US citizen, too, before turning 18, it may be elegible for automatic citizenship. Important to consult with an immigration attorney, since a person might be US citizen without even knowing it.
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Having born with a US citizen parent who lived prolongedly in the US.
It can be that one of the parents was born in the US, or that he/she became US citizen and had considerable time living in the US before beneficiary’s birth. If the beneficiary was born before November of 1985, one of his/her parents should have accumulated at least 10 years of lawful presence before his/her birth. If born after November of 1985, US citizen parent should have accumulated at least five years living in the US.
If having drug-related crimes, it can be useful to verify if the person is eligible for automatic citizenship; either through a US citizen parent or granparet; because he/she was a permanent residence holder before turning 18 and one of his/her parents is US citizen; or because, even being born abroad, one of the parents was US citizen and liven in the US for a long period of time.
If not meeting these requirements, another possible way is by consulting a criminal attorney. When someone ends up with drug-related felonies on his/her record, and had an ineffective lawyer, there is the possibility to reopen the case in order to remove the charges.
These cases in Criminal Courts are not easy. There are lawyers who fail in notifying about the consequences that exist with the Immigration Department around this type of crimes, and this can be the reason to reopen the case and look forward removing the charges so these won’t affect migratory procedures.
Asylum is another way to regularize migratory status even when having drug possession/trafficking charges. It can provide protection against deportation if being afraid of returning to the home country.
In some situations, if a person was forced to traffic or have drugs under his/her possession, the T visa, one of the humanitarian visas, can be an option to regularize migratory status.
In either of these scenarios, it is recommended to consult with an immigration attorney.
