Q: Hi my husband it's from Mexico and undocumented he was on probation and failed a drug test and had new criminal
charges brought against him he was recently found not guilty of the new criminal charges. The failed test result couldn't be used in criminal court, can they be used in immigration court?
A: Whether the drug test can be used in immigration court depends on the purpose that the prosecution wants to use it and if there are any issues relating to the reliability of the test. Is your husband currently in immigration proceedings? I would consult an immigration lawyer as soon as you can to discuss your options. Even if he is not in removal proceedings, you may be able to begin a petition for him. Best of luck!
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