Drug possesion

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LateKnight

Registered Users (C)
Looking to send N400 but i got a few issues. In 1999 I was charged with possesion of Marijuana..but it gets a little tricky!!!! how much Weed??> well 2lbs, its a long story, my intent was not to sell. The police knew that so they dropped it to a lower charge. So it went from a felony to a misdemeanor . got convicted to 3 years probation the day of my 18th bday. completed 3 years of prob, did a 90 day out patient rehab then kept going to aa and na meetings. so its been 10 years I have been working no arrests , no more drugs. ""I am still scared""
is 10 years of good moral character enough for the IO?? if not then why?? if i get married how much more will it help me????

Thanks
 
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I had a similar situation. Long story short my mom and her boyfriend went up north for the evening, and my boyfriend was suppose to come over. I left the door unlocked, anyways I hear some footsteps and I said hello hello and when no one answered I called the cops. Well in the crawl space of my basement were 4 tiny marijuana plants no bigger than 2-3 inches high. When the police searched the house they found them. I had no idea they were there, and like I said to the cop do you think I would invite you in my house if I knew I had pot in it? One cop looked to the other and was like no, but because they were in plain view I was arrested. I went to court and I was acquitted. I went for my interview on Jan 11. I passed the test but they told me they couldn't make a decision at this time. The immigration officer was glad to see that it had been more then 10 years but he told me that he would have to check with the lawyers on the possession of hemp charge. It's going on 3 weeks and I haven't heard of anything. If I were you I would contact an attorney only for the fact that you were convicted and see what he/she has to say. Good luck.
 
I got a 10yr PR card expiring in oct this year ... I wanted to apply for naturalization but I got a criminal case from 99. This is what my Disposition says:

Section Charged - PL 221.25 Criminal possession of marihuana in the second degree.
A person is guilty of criminal possession of marihuana in the second
degree when he knowingly and unlawfully possesses one or more
preparations, compounds, mixtures or substances containing marihuana and
the preparations, compounds, mixtures or substances are of an aggregate
weight of more than sixteen ounces.
Criminal possession of marihuana in the second degree is a class D felony

Section Disposed 221.15 Criminal possession of marihuana in the fourth degree.
A person is guilty of criminal possession of marihuana in the fourth
degree when he knowingly and unlawfully possesses one or more
preparations, compounds, mixtures or substances containing marihuana and
the preparations, compounds, mixtures or substances are of an aggregate
weight of more than two ounces.
Criminal possession of marihuana in the fourth degree is a class A misdemeanor.

I dont know what USCIS looks at .. but I did 3 years probation, did 90 day rehab, went to AA and NA .. I have not been in any trouble since then.. its been 10 years I really wanna know my options.
 
When did you complete your probation? It's really hard to say what the immigration officer is going to say. For sure I do know that anyone who has been arrested their file is forwarded to a supervisor for a final review. I have seen some people who have a criminal record be approved for citizenship, but I am not sure what their crime was. I would speak to a couple of attorney's and see what they have to say. Good luck.
 
So < this is an update; I hired a Lawyer, She has advised me that my charge are pretty serious as well as another one from 97' for burglary. But I have alot of things working in my favor .. 1) It has been way over 5 years since both arrests. 2)I was a minor @ the time (Youthful Offender). (3 She said even if they dont grant me citizenship, they wont deport me. I would just stay as a Perminent Resident. 4) I can re -apply years down the line. Soooo I have decided to go forward with applying. N-400 is almost complete. More updates soon.
 
Your deportable under 237 for that possession of marijuana charge, since it was over 1oz. Doesn't matter that it wasn't a felony, it is a conviction.
On the brightside, it sounds like you were under 18 years old when the crime happened. I'm pretty sure that you would have to have been convicted in a adult court, and that it would have needed to involve some violence.

You might try looking online for the "Federal Juvenile Delinquency Act" but I'm not sure that applies to drug crimes. The problem is most of my information deals with inadmissibily. You might also look up INA 237(a)(2)(A)(iv)

I did find this is some old notes...
1. Youthful Offenders

There is an exception to INA § 212(a)(2)(A)(i)(I) for an alien who committed only one crime if the crime was committed before that alien was 18 years old, and the crime was committed more than five years before the date of the application for a visa or other document and the date of application for admission to the United States. INA § 212(a)(2)(A)(ii)(I). This exception concerns the "committed" date not the "conviction" date.

Juvenile court adjudications of guilty are not convictions. Matter of Devison, 22 I. & N. Dec. 3435 (BIA 2001). To determine whether a juvenile proceedings results in a criminal conviction or civil delinquency adjudication, the BIA compares the judgment in question with adjudications under the FJDA (Federal Juvenile Delinquency Act). In Devison, the BIA concluded that the new York youthful offender statute was similar in nature and purpose to the juvenile delinquency provisions contained in the FJDA. In contrast, in Uritsky v. Gonzales, 399 F.3d 728 (6th Cir. 2005), the Sixth Circuit held that the grant of youthful trainee status under Michigan’s Youthful Trainee Act qualified as a conviction for immigration purposes since it was more analogous to a rehabilitative expungement. In Badewa v. Attorney General, 252 Fed. Appx. 473 (3rd Cir. 2007), the court concluded that a conviction for assault with a dangerous weapon and carrying a pistol without a license under the District of Columbia Code’s Youth Rehabilitation Act (DCYRA) was a criminal conviction under the INA.

While a juvenile delinquency is not a criminal conviction on which to base removal or bar relief from removal, an IJ reviewing an application for a discretionary benefit, such as adjustment of status, may consider the juvenile offense as a factor in evaluating whether to grant the immigration benefit as a matter of discretion. Wallace v. Gonzales, 463 F.3d 135 (2nd Cir. 2006).

I think you are going to have to man up and spend a few bucks talking to a good immigration lawyer...
 
in the last four months I have spent over $500 just on consultations with different lawyers. Finally after talking to diffrent lawyers the most experienced ones told me that because of my youthful offender adjudication Im not deportable.
So I decided to apply for citizenship w a lawyer. I have almost all paper work ready I'm just waiting on one or two more things. I should make the MAY time line..
 
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