Applied for Citizenship. Arrest Help.

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Guzo44

Registered Users (C)
I looked around in the forums using search but not could find a situation like mine.

I applied for my citizenship on December 28, 2009. I have already received my fingerprint date and they have cashed my check.

I have a question on 2 arrests during my college years that I had. I disclosed my arrests on the application and also sent in the disposition letters.

I became a permanent resident on April 2000.

In 2001 I was arrested for a minor possession of marijuana. The disposition for this case reads: Conditional Discharge after 1 year probation. Probation was successfully completed.

In 2004 I was arrested, this time I was charged with possession of marijuana again. The disposition for this case reads: Pleaded down to Wandering

I waited the 5 years to establish good moral character. I have since graduated from college with honors and secured continual employment while filing my taxes etc.

Will these two arrests be a problem for my application? I am sure I will be asked about them but what are the chances of my application being denied and am I at risk for deportation?

Should I secure the services of a lawyer for this?

Any replies will be greatly appreciated.
 
Two things you need to check out

(1) deportability. Possession of marjuna is considered deportable except for a single posession of <30 grams.
If you have two conviction of posession, it may be very bad because USCIS may think you are just repeated offender.

(2) Check if offense meet the criteria of Aggravated felony. Aggravated felony is usellay deportable and even
when not consitute permanent bar to citizenship without any chance of waver. A misdemeanor in state crminal court
can be counted as aggravated felony in the immigration law.

If you rule out deportability and aggravted felony, then you have a chance
for citizenship if they are outside 5 year statutory period
 
Last edited by a moderator:
Guzo44 said:
I looked around in the forums using search but not could find a situation like mine.

I applied for my citizenship on December 28, 2009. I have already received my fingerprint date and they have cashed my check.

I have a question on 2 arrests during my college years that I had. I disclosed my arrests on the application and also sent in the disposition letters.

I became a permanent resident on April 2000.

In 2001 I was arrested for a minor possession of marijuana. The disposition for this case reads: Conditional Discharge after 1 year probation. Probation was successfully completed.

In 2004 I was arrested, this time I was charged with possession of marijuana again. The disposition for this case reads: Pleaded down to Wandering

I waited the 5 years to establish good moral character. I have since graduated from college with honors and secured continual employment while filing my taxes etc.

Will these two arrests be a problem for my application? I am sure I will be asked about them but what are the chances of my application being denied and am I at risk for deportation?

Should I secure the services of a lawyer for this?

Any replies will be greatly appreciated.
Click to expand...


You have problems ahead of you. It appears you are addicted to weed, which doesn't bode well for your moral character...:o
 
Just send a letter and request a withdrawal of your application, because it will create more pain and hardships for you if USCIS ever decides to put their fangs on your nuts...:eek: You are more likely to be denied and deported, successfully completing a probation for a crime of moral turpitude doesn't make you eligible for citizenship, even if you meet the eligibility criteria. Certain criminal enterprises make you ineligible for US citizenship forever :(
 
Hate to bring up an old thread but maybe someone who is searching with the same problem will be glad to ready this.

I consulted a lawyer after reading everyone's posts and was told that I should be fine going into the interview without a laywer. In April 2010 I went in and everything went fine, the officer simply asked for the paperwork on both arrests, glanced at it and approved the application.

Thanks to all for the advice.
 
Guzo44 said:
Hate to bring up an old thread but maybe someone who is searching with the same problem will be glad to ready this.

I consulted a lawyer after reading everyone's posts and was told that I should be fine going into the interview without a laywer. In April 2010 I went in and everything went fine, the officer simply asked for the paperwork on both arrests, glanced at it and approved the application.

Thanks to all for the advice.
Click to expand...

Good for you, but, for the sake of future applicants who may be reading this thread, it is possible that you just had a good luck with a lenient IO.

CFR 8.12.II.IV.1227(a)(2)(A)(ii) says that multiple criminal convictions for crimes involving moral turpitude make a person deportable, see
http://www.law.cornell.edu/uscode/8/usc_sec_08_00001227----000-.html

This is true even if the convictions were just misdemeanors. It is possible that the offense to which you pleaded down to for your second arrest ("wandering"?) was not a CMT. It is also possible that you were technically deportable, but the IO chose to disregard that fact. The IOs have fairly wide discretion in cases of this kind and they can approve an N-400 application even if the applicant is technically deportable (although in certain cases, involving serious crimes, they do not have such discretion). In particular, the IO's fairly frequently show mercy to N-400 applicants who mistakenly registered to vote (or even voted), even though such aliens are technically deportable.

Still, for an alien who is technically deportable there is always a risk in applying for N-400 and hoping for the IO's good graces. In cases of doubt consulting an immigration lawyer before filing N-400 is always a good idea.
 
I agree with the consulting a lawyer. However, I am not sure if we should scare the heck out of the original poster. Probably everything will work out alright. Perhaps I have an optimistic kind of day.
 
Huracan said:
I agree with the consulting a lawyer. However, I am not sure if we should scare the heck out of the original poster. Probably everything will work out alright. Perhaps I have an optimistic kind of day.
Click to expand...

As I understood it, the OP's case was approved and he is already a USC - so we are not really scaring him.
 
My bad. I should have read everything more carefully. Anyway, as I thought, this story was going to have a happy ending :)

Congratulations then on the citizenship!
 
Guzo44 said:
Hate to bring up an old thread but maybe someone who is searching with the same problem will be glad to ready this.

I consulted a lawyer after reading everyone's posts and was told that I should be fine going into the interview without a laywer. In April 2010 I went in and everything went fine, the officer simply asked for the paperwork on both arrests, glanced at it and approved the application.

Thanks to all for the advice.
Click to expand...


Congratulations!!! You can now sell and smoke the herb, especially once you are sworn as a USC. Just thank your lucky PJs, you had a lenient officer who also smoke the herb on the side.....:)
 
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