Drug charges can i apply for citizenship

Jay1988

New Member
Hi, hope I can get some answers here as I've been given different answers from different attorneys and I really am confused about the whole situation.

I've been here since 1990 as a permanent resident. I had been arrested twice for controlled substance under 2 grams and a few times with possession of cannabis under 30 grams and paraphernalia which were misdemeanors around 2002 and 2003. I applied for naturalization back in 2007 and was told at the interview I should have consulted an attorney before filing for naturalization and I can be deported because I've applied for citizenship. I received a letter 3 years later and it just stated I was denied for naturalization due to not being a person with good moral character and have not been deported so Im still here in the US and I've even got my green card renewed until 2028. I've been trying to debate and understand if I should apply for citizenship again since I've been out of trouble for more than 15 years and have turned my life around. From what Ive read i should be ok to apply however I've been told by three different attorneys that i shouldn't and two say I should be ok. Thanks in advance to anyone that can possibly assist me.
 
How many times were you arrested ?
Did all your arrest lead to convictions?


If you have 15 years of working and paying taxes thats a positive in the eyes of USCIS.

The problem is Drug convictions can lead to deportation no matter how small the amount of the controlled substance was.

You should use an Immigration attorney to file the n400.
 
Thank you for your response. I've been arrested about 5 times. 2 times was for cocaine, 2 times for marijuana, 1 time for paraphernalia. Like I said I've been getting mix answers and each attorney keeps charging a few hundred to take the case and asks for all the info which I have but ends up giving me different answers. Has anyone seen or heard someone with a few drug charges get citizenship? I mean I went through a rehab program like 15 years ago and have stayed sober since. I've barely gotten in any traffic trouble since then as well.
 
The best advice I will give you is wait until Trump is out of office and the new administration has changed immigration policy back to less aggresssive enforcement and overlooking minor immigration transgressions.

As it stands right now, you are removable because of your past crimes. Your fifteen years of law abiding stay is a big positive which makes you eligible for cancellation of removal even if they put you in removal proceedings. Think positive and don’t give attorneys more money, just lay low for now.

A longtime LPR convicted of any aggravated felony is statutorily entitled to cancellation of removal and a waiver of inadmissibility unless if his or her "term of imprisonmentwas completed within the previous 15 years

https://cases.justia.com/federal/appellate-courts/ca7/12-2143/12-2143-2013-07-31.pdf?ts=1411043978
 
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Thank you. I finally got a good attorney that advised me almost the same thing you just did. He said to wait until there's a different president and the judges wont be under pressure to follow every law that exists for removal. He said that anything drug related is grounds for removal and they dont usually look the other way. I'll keep checking for law changes and hopefully something changes to my favor. I am glad I quadruple checked with different attorneys cause two of them would have gotten me deported and I would have paid them to do it. Thank you for your response and I will keep this post updated if I ever get updates.
 
There are no guarantees a different president would be any lenient. The current administration didn't pass any new deportation law, just enforcing the current ones that have existed during previous administrations. And this law would presumably still be on the books when a new prez comes in.
 
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