Do non-us citizens qualify for prop 36? 1 Answers as of June 21, 2011My non-us citizen uncle got caught with a substance. Does prop 36 apply to him? Can he get deported for such a crime? He has a green card and a state issued drivers license with a California id.. he's been a resident for 3 to 4 years.
World Esquire Law Firm | Aime Katambwe
The law usually applies to all equally, regardless of status. It is only after the criminal matter is resolved that the immigration laws run their course. So, here it is a matter of the type of charge and certainly the conviction that he will receive. My understanding is that Prop 36 will allow him to receive treatment instead of incarceration if he is a first or 2nd time nonviolent offender. I have no other information about his case therefore it is difficult to offer any kind of scenario here other than what I said. Good luck!
Answer Applies to: California