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Nov 12, 2025 | Documented.info

Common Missteps That Could Hurt Your Immigration Case

Learn about the common missteps that can put your immigration case at risk, including marijuana use, underage drinking, and fake documents.

If you’re living in the United States and have a case in immigration court, it’s important to understand that some actions can have serious consequences, can put your legal status at risk, and even lead to deportation. 

Avoiding these common missteps can help protect your future in the U.S. If you’re ever unsure, talk to a trusted adult, teacher, or immigration lawyer.

This information is not a substitute for legal advice from a qualified attorney or accredited representative. The content was last updated November 2025.

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Using marijuana (even if it’s legal in your state!)

  • Marijuana has been legalized in many states in the U.S.
  • However, the use of marijuana is still illegal under federal law, which controls immigration.
  • Even if your state allows marijuana for medical or recreational use, immigrants can be denied visas, green cards, or citizenship just for admitting past use. This applies even if the marijuana was gifted to you or used infrequently.
  • Working in the cannabis industry can also be seen as drug trafficking according to immigration laws.
  • Bottom line: Stay away from marijuana, it puts your immigration case at risk. 

Drinking alcohol if you’re under 21

  • The legal drinking age in the U.S. is 21.
  • If you’re caught drinking underage, it could lead to criminal charges.
  • Even minor offenses can impact your visa or green card application, especially if it’s tied to risky behavior like DUI (driving under the influence).

Using tobacco or nicotine products if you’re under 21

  • Under federal law, it’s illegal for anyone under 21 to buy tobacco or nicotine products, including cigarettes, vapes, e-cigarettes, hookah, and chewing tobacco.
  • This law, called Tobacco 21, went into effect in 2019. It applies everywhere in the U.S., no matter what your state or local laws say.
  • Being caught using or possessing these products underage can lead to school discipline, fines, or even criminal records — all of which can affect your future applications, including immigration, college, or jobs.

Driving without a license or insurance with a car or motorcycle

  • You need both a driver’s license and proof of insurance to legally drive a car or motorcycle in the U.S.
    • Riding a motorcycle requires a special motorcycle license (this is different than your license to drive a car). If you don’t have one, you can be charged with a misdemeanor, and your bike may be impounded, which means that the police can take it away from you).
  • Check your state’s laws regarding helmet and eye protection requirements. 
  • Driving without a license or insurance can result in fines, court appearances, or even criminal charges. For immigrants, this can lead to deportation or denial of immigration benefits.
    • Note: Driving without insurance can also leave you financially responsible for thousands of dollars in damages if there’s an accident and someone gets hurt. Insurance helps cover these costs. 

Also Read: Electric Bikes and Mopeds in NYC: What’s Legal and What Isn’t

Dropping out or skipping school

  • In the U.S., all children are legally required to attend school, typically from ages 6 to 18, depending on the state where you live.
    • Note: school-age requirements and attendance laws vary slightly by state. Make sure to check on the school-age requirements in your state).   
  • Not attending school can lead to legal trouble for you or your family.
    • Dropping out of school to work can cause additional legal problems, like working without a permit and/or violating child labor laws.
  • Immigration officers may see skipping school as a sign of “bad moral character,” which can affect your case.

Also Read: Child Labor Laws: Know your Rights and Stay Safe

Using fake documents or false information

  • Submitting fake IDs, school records, or immigration papers is considered fraud.
  • Even if you didn’t know the documents were fake, it can still lead to deportation or a lifetime ban from entering the U.S.
  • Never lie on immigration forms; even small misstatements can have big consequences.
  • Lying to obtain public benefit will have grave immigration consequences.

Also Read: How to Report and Prevent Notario Fraud in Immigration Cases

Posts on social media

  • Immigration officers can review your social media during your case.
  • Posts showing illegal activity, gang symbols, or violent content can be used against you, even if they were jokes or reposts.
  • Be smart about what you share. Remember: social media is public and permanent.

Getting arrested — even if you’re not convicted

  • Juvenile arrests, restraining orders, or police contact can affect your immigration case.
  • Immigration officials review your entire record, not just convictions.
  • Avoid risky situations and stay out of trouble — even being in the wrong place at the wrong time can cause problems.

Gang affiliation or accusation of affiliation

  • You don’t need to be convicted of a crime to be labeled a gang member.
  • Hanging out with certain people, wearing certain clothes, or being in a gang database can lead to denied immigration benefits or deportation.
  • If you’re worried about this, talk to an attorney. Even false accusations can be dangerous.

Identifying as a U.S. citizen and/or voting

  • The right to vote in the U.S. is exclusively for citizens. If you are not a citizen, make sure you do not accidentally register to vote, because it could affect your immigration status in the future.
    • People are sometimes automatically registered to vote at the Department of Motor Vehicles (DMV) without verification of their immigration status.  
  • If you are not a U.S. citizen: Do not register to vote. Do not vote. Do not check any box that says you are a U.S. Citizen.
  • If you do not understand a form, be sure to review it carefully and ask for it in your preferred language. Never say or indicate that you are a U.S. citizen until you have gone through the full process and are officially naturalized as a U.S. citizen.

Have more questions about this topic? Contact a Documented.info expert for free, confidential answers. Learn more here.

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