Punta Gorda, FL asked in Criminal Law and Immigration Law for Florida

Q: Have a possession of marijuana for 2 grams, doing PTI. Will I get deported even if I've have a green card for 8 years?

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1 Lawyer Answer

Kevin D. Slattery Esq.

Answered
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: Generally a PTI in the State of Florida, wherein I see from your post you are located, can be a good disposition in a controlled substance related case so as to avoid negative immigration consequences. I would warn you, however, that in analyzing a Texas PTI case, the Board of Immigration Appeals (BIA) in 2017 came to a conclusion under the specific facts and procedural history of that case that the person's entry into the PTI program still qualified as a conviction for immigration purposes. If you were to be considered convicted as contemplated by immigration law (not by criminal law per se), then it may carry negative immigration consequences if not under Immigration & Nationality Act (INA) 237 (grounds of deportability), then under INA 212 (grounds of inadmissibility) if you were to take a trip outside of the U.S. and then attempt reentry. What you should do is schedule a consultation with a competent immigration attorney who can evaluate your PTI against the standards laid out in the aforementioned BIA case.

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