Drugs and naturalization

S

smallsteps

Registered Users (C)
Hey all,

6 days ago I turned 20 years old and I decided its time to start up my citizenship.
I have been in America since I was age 1 so that means ive been here for about 19 years. Country: South Korea.
I think ive been to korea only 3-6 times? (Im not sure how many times I went back).
The last time i went back to korea was when i was in the 7th grade which was 8 years ago. I have only been in California, Nevada(for Las Vegas) and Korea... which means Ive been living in Cali all my life. I also sent in my selective service thing when I turned 18.

Now, I was looking through the N-400 and I saw this....
"Have you ever committed a crime or offense for which you were not arrested? " there is only a check box for yes and no. there are no spaces where i put down what I have done.


here is my list (however petty)

-jaywalking
-marijuana use. (age 17-19). not very frequently but it was moderate.

I know for sure I will check the "yes" box because I want to join the military soon after I get my citizenship and I know they do background checks.
Also: Ive never been arrested, convicted, or even stepped foot in court.
Can someone advise me on my situation? Jaywalking, I feel like is nothing lol
but I really need advice on the marijuana!

thanks!
 
Last edited by a moderator:
smallsteps said:
6 days ago I turned 20 years old and I decided its time to start up my citizenship.
I have been in America since I was age 1 so that means ive been here for about 19 years.
Click to expand...

Did any of your parents become a US citizen before you turned 18? If yes, you may have already derived citizenship through your parent.
 
Hey guys,
thanks so much for replying.

Laluna1982 said:
So, you have never been charged with marijuana use and jaywalking ? Then answer no to all those questions .
Click to expand...

I have never been charged with anything. But I think I need to admit the marijuana use because I want to join the military after I get my citizenship (which is pretty much after college).

The military will ask if I have any prior drug use history and I will say yes, because they will do background checks im sure. (because they need security clearances).

Unfortunately, my parents are not citizens but are permanent residents.
 
"Have you ever committed a crime or offense for which you were not arrested? " there is only a check box for yes and no. there are no spaces where i put down what I have done.
Click to expand...
If you answer YES to any of those questions, you're supposed to attach a sheet of paper with an explanation.
 
Jackolantern said:
If you answer YES to any of those questions, you're supposed to attach a sheet of paper with an explanation.
Click to expand...

hi,
so honestly I dont see MJ as that big of a deal but I know the people who work there probably will.

what can I say? I started right before I turned 18 and stopped right before I turned 20... so thats about 2 years of on - off MJ use..

I guess I can say that I learned my lesson because I know that this MJ has caused me a lot of worry such as whether or not ill be eligible for military service and becoming a citizen.
 
You said " background " check . So, how does law enforcement know if you ever used marihuana ?Have you been caught using marihuana ? Were charged dropped ? What have happened ?
1) if you were ever caught / charged / or charged dropped them you need to
let USCIS know about that in N400 and attach a court disposition paper .
2) if you never have been caught but just smoked pop and want to be honest and let USCIS know about crime you commited and never were arrested for it - think twice . I once drove tipsy ( first and last time) but wasn't arrested for DUI ( because was lucky by not being pulled over) .
You might have problems joining military if they find out you used drugs before . I'm joining USAF and see that they tough with things like that . So, if you have no record of using drugs/ no arrest records/ no charges whatsoever , just keep it quit and stay away from drugs from now on .
 
Laluna1982 said:
You said " background " check . So, how does law enforcement know if you ever used marihuana ?
Click to expand...

For sufficiently high security clearance they run a background check that includes actual interviews with friends, neighbors, co-workers, classmates, etc. So in theory the MJ use might come up there.
But for the basic background checks that are performed when someone enlists in the military they certainly don't do that.
 
Laluna1982 said:
:) Interview with friends :) You've good nice friends if you concern for such a background check to be failed (plus they want recommendations from neighbors, but don't rely on accuracy ). Don't be a moron ! But, it's up to you . P.S. Let USCIS know about whatever you did , kiss your citizenship goodbye ! Don't forget to turn your self in as well in local police station for the full picture ! Good luck'
Click to expand...

Before calling other people morons, you should learn how to read.
If you bothered to look you'd see that I am not the OP in this thread and that I have long since become a U.S. citizen myself.

Regarding the OP (smallsteps) situation: I am not at all sure that simply admitting to some MJ use as a juvenile would result in a denial of his N-400. In terms of statutory bars to a finding of GMC (good moral character), only the actual convictions count.
For criminal conduct which did not result in a conviction (or even an arrest), it is up to the discretion of an IO adjudicating the N-400 to decide what to do with this kind of information. I don't think that I have ever seen this type of a situation discussed in this forum during 6+ years that I have been following it, but it is really hard to predict how the IO would react to this kind of disclosure. Given that there was no arrest/conviction, the OP certainly would not be deportable and would not face a risk of GC revocation.
However, since the OP is 20 y.o. now, and his MJ use was when he was 17-19 y.o. (which means within the last 5 years), it is quite possible that the IO could deny his N-400 on GMC grounds.
 
Last edited by a moderator:
baikal3 said:
Before calling other people morons, you should learn how to read.
If you bothered to look you'd see that I am not the OP in this thread and that I have long since become a U.S. citizen myself.

Regarding the OP (smallsteps) situation: I am not at all sure that simply admitting to some MJ use as a juvenile would result in a denial of his N-400. In terms of statutory bars to a finding of GMC (good moral character), only the actual convictions count.
For criminal conduct which did not result in a conviction (or even an arrest), it is up to the discretion of an IO adjudicating the N-400 to decide what to do with this kind of information. I don't think that I have ever seen this type of a situation discussed in this forum during 6+ years that I have been following it, but it is really hard to predict how the IO would react to this kind of disclosure. Given that there was no arrest/conviction, the OP certainly would not be deportable and would not face a risk of GC revocation.
However, since the OP is 20 y.o. now, and his MJ use was when he was 17-19 y.o. (which means within the last 5 years), it is quite possible that the IO could deny his N-400 on GMC grounds.
Click to expand...

:(

it seems like it is a 50/50 thing?

What happens if my N-400 gets denied? my Green card expires around 7/14
im glad that you wrote that I would not be deportable... Ive been here all my life!
 
smallsteps said:
:(

it seems like it is a 50/50 thing?

What happens if my N-400 gets denied? my Green card expires around 7/14
im glad that you wrote that I would not be deportable... Ive been here all my life!
Click to expand...

Well, you might want to check with an immigration lawyer regarding deportability first, before you file N-400 and make any kind of self-incriminating disclosures there. For criminal offenses, generally, it is being convicted that counts. However, for controlled substances there is a provision in the law that does not necessarily require criminal conviction:
"Any alien who is, or at any time after admission has been, a drug abuser or addict is deportable"
See http://www.law.cornell.edu/uscode/text/8/1227
I assume that in order to be classified as a "drug abuser" or "addict" something fairly serious needs to be in your record, but I am not sure.

To be eligible for naturalization, GMC (good moral character) has to be established for the statutory period providing the basis for an N-400 application. For most N-400 applicants the statutory period is 5-years, but for marriage-based applicants it is 3 years.
If you are applying based on being an LPR for 5 years, you have to establish GMC for the last 5 years. Since you are 20 now and your MJ use was when you were 17-19 (i.e. within the last 5 years), this does increase the likelihood of denial on GMC grounds if you file an N-400 now and disclose your MJ use there.


If an N-400 is denied on GMC grounds but the case is not referred for deportation proceedings, you can re-apply for naturalization later.
 
Hi,
first, thanks alot for taking the time to make such detailed posts.

Does it cost anything to meet/check with an immigration lawyer?
Im going to school right now so I really cant afford to hire one..

I was not addicted at all( in my definition anyways..) @_@..... i stopped using MJ right before I went to school..
I was looking through the link you gave me and I was wondering..

(1) The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction.


90% of the time it was by myself... the other times either with just one friend, my brother and the people who introduced me to it.
Also, does it count for anything if I was in California pretty much all my life? I mean I know federal laws are much more harsher than laws here..
 
Last edited by a moderator:
smallsteps said:
Hi,
first, thanks alot for taking the time to make such detailed posts.

Does it cost anything to meet/check with an immigration lawyer?
Im going to school right now so I really cant afford to hire one..
Click to expand...

Generally, of course using a lawyer does cost money.
If you schedule a one-time consultation (particularly a phone consultation rather than an in-person one), it will cost less and you should be able to afford it. Some lawyers do provide occasional free consultations, but you'd have to check with the office of a particular lawyer to see if that lawyer does that.


I'd also suggest that if you do consult a lawyer, try to find one associated with AILA as they are generally more reliable.
http://www.ailalawyer.com/

I was not addicted at all( in my definition anyways..) @_@..... i stopped using MJ right before I went to school..
I was looking through the link you gave me and I was wondering..

(1) The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction.


90% of the time it was by myself... the other times either with just one friend, my brother and the people who introduced me to it.
Also, does it count for anything if I was in California pretty much all my life? I mean I know federal laws are much more harsher than laws here..
Click to expand...

I'd be more worried about the "drug abuser" part. A lawyer should be able to tell you what sort of legal standard the USCIS uses for the definition of a "drug abuser".
 
baikal3 said:
Generally, of course using a lawyer does cost money.
If you schedule a one-time consultation (particularly a phone consultation rather than an in-person one), it will cost less and you should be able to afford it. Some lawyers do provide occasional free consultations, but you'd have to check with the office of a particular lawyer to see if that lawyer does that.


I'd also suggest that if you do consult a lawyer, try to find one associated with AILA as they are generally more reliable.
http://www.ailalawyer.com/



I'd be more worried about the "drug abuser" part. A lawyer should be able to tell you what sort of legal standard the USCIS uses for the definition of a "drug abuser".
Click to expand...

the last thing I ever thought I would do is see a lawyer...

Can anyone else chime in on this please? I might post on other forums to see if I can get any other opinions/options.
But baikal3, i still appreciate your advice and I will have to look around for a lawer
 
I have a close friend who is a Lance Corporal in the USMC, and a certified Expert Marksman. Another friend of mine is a NYPD detective. In their teens, both have partaken in smoking pot. Since neither has ever been arrested for it, they didn't disclose marijuana use when enlisting/applying to their respective jobs. Needless to say, as no official records of their pot smoking exist, it didn't show up on their background checks.

My advice is to let sleeping dogs lie and keep your past pot smoking to yourself. No one will ever find out about it, and you'd be stupid to open this can of worms. Even if you were applying for a position that required neighbor/friend/past booty call interviews, what's to stop anyone from fabricating a story about you? Let's just say that an old girlfriend of yours, on whom you've cheated in the past, is interviewed. To make things difficult for you, she states that you used to smoke crack with her. Of course, you hever have, but she says it anyway. See my point?
 
Last edited by a moderator:
You must log in or register to reply here.
Top