The sale and use of marijuana are now legal in Illinois and many other states. However, cannabis use is still considered a federal crime. Federal immigration law was mainly written in the 90s and makes no exceptions for medically prescribed marijuana or if someone worked at a dispensary, and no mention of recent laws allowing the recreational use of marijuana in many states. Even if your marijuana conviction was expunged by the state court, it may not make a difference on the federal level.
A marijuana conviction does not automatically prevent someone from becoming a naturalized U.S. citizen or automatically cause someone to be deported, but the risks are greater for immigrants with a marijuana conviction who is not a citizen.
Anyone applying for any immigration benefits or living in the United States under an immigration visa who has a cannabis conviction – even if it was expunged – should consult with an immigration lawyer with experience in criminal defense. A crimmigration lawyer understands the immigration consequences of criminal convictions.
If you are applying for naturalization to become a U.S. citizen and you have an expungement and are applying for immigration benefits and are asked if you have ever been arrested and about your criminal history by an immigration official you must reveal your criminal history even if it is expunged or sealed. Failure to reveal a criminal conviction to immigration authorities is cause for your application to be denied and can lead to removal procedures.
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A criminal charge or conviction can be devastating to your immigration case. In some instances, it may mean the end of your ability to remain in the United States. It is vital that you hire an experienced crimmigration attorney who understands both immigration and criminal defense law. Crimmigration is the practice of criminal defense law for immigrants and non-citizens by lawyers who understand the immigration consequences of criminal convictions.
At Godoy Law Office Immigration Attorneys, we understand the immigration consequences of criminal convictions. Our attorneys are experienced in both criminal and immigration law. If you’re an immigrant who has been charged or convicted of a crime, contact our immigration and criminal defense lawyers at 630-345-4164.
Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.
