Hello everyone, am having a huge nervous breakdown becouse my daughter my be in some trouble when its time to go get her US Citizenship, to be honest i cant even sleep sometimes, she grew up here since she was 12 years old, righ now she its a resident and she is 35 now. she loves this country and wants to be a Citizen, but about 10 years ago she was arrested for buying pot, got a fine and 2 years probation (i recently found out, becouse we were talking about it and was honest with me). Does she have a chance or she will never be able to achieve her dream and be a US Citizen becouse of some mistake she did in the past? please help. thank you in advance.
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I need advise.
- Thread starter sonzan
- Start date
Concerned4us
Banned
Since drug crimes are considered to be very serious but do have some leniency, she needs the advice of an attorney - not an internet forum.
Hello everyone, am having a huge nervous breakdown becouse my daughter my be in some trouble when its time to go get her US Citizenship, to be honest i cant even sleep sometimes, she grew up here since she was 12 years old, righ now she its a resident and she is 35 now. she loves this country and wants to be a Citizen, but about 10 years ago she was arrested for buying pot, got a fine and 2 years probation (i recently found out, becouse we were talking about it and was honest with me). Does she have a chance or she will never be able to achieve her dream and be a US Citizen becouse of some mistake she did in the past? please help. thank you in advance.
How long has she been a permanent resident for ?
From a naturalization standpoint, a drug conviction that happened 10 years ago falls outisde statutory period and does not preclude her for naturalization.
However, it can be a deportable offense depending on the charge. Before she decides to apply for citizenship she should consult an immigration lawyer specialized in criminal law to determine if her conviction is a deportable offense. Without knowing the exact charge it's impossible for us to tell you if she risks being deported.
she came here in 1991 and she did the 2 years probation paid the fine and that was it, she never got into trouble after that. She thinks the charge was "Possesion of a vegetable substance, suspected marijuana", i hope it helps. (its so embarrasing talking about this, but am really worried). she said it was a small amount.
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hoping in 2009
Registered Users (C)
I agree with the other posters your best bet is to go through a lawyer, ask around for references in your area lawyers because getting a good one is VERY important in this case.
I wish you Good luck..
I wish you Good luck..
she came here in 1991 and she did the 2 years probation paid the fine and that was it, she never got into trouble after that. She thinks the charge was "Possesion of a vegetable substance, suspected marijuana", i hope it helps. (its so embarrasing talking about this, but am really worried). she said it was a small amount.
Here's what immigration law states about possession of controlled substance:
INA 237(a)(2)
(B) Controlled substances.-
(i) Conviction.-Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), other than a single offense involving possession for one's own use of 30 grams or less of marijuana, is deportable.
This means if it was for an amount of 30 grams or less she would be fine since it's her only offense. The exact charge would be required to make that determination.
That is why it is important for parents to get citizenship so their kids can be citizen too and if kids are over 18, parents should advise their kids to aply for citizenship as soon as possible.
non-citizens Kidswho grew up here do not have common sense in immigration matters and they think they are Americans which they are defnitely not.
That being said, I find parents feel insulted if I suggest to them what I said above. They feel I am insullting their kids and thus insulting them as well.
They simply think their kids are Ivy-league bound good kids and wonder why I
say such ridiculous things about such possibility
non-citizens Kidswho grew up here do not have common sense in immigration matters and they think they are Americans which they are defnitely not.
That being said, I find parents feel insulted if I suggest to them what I said above. They feel I am insullting their kids and thus insulting them as well.
They simply think their kids are Ivy-league bound good kids and wonder why I
say such ridiculous things about such possibility
i agree with you 100%. I really want to scream at the parents who do not want to become citizens.
This story came out six years ago but it is still heart breaking to read. If only the parent got her citizenship.
http://www.nytimes.com/2003/11/16/m...and Criminals&pagewanted=all&pagewanted=print
This story came out six years ago but it is still heart breaking to read. If only the parent got her citizenship.
http://www.nytimes.com/2003/11/16/m...and Criminals&pagewanted=all&pagewanted=print
other than a single offense involving possession for one's own use of 30 grams or less of marijuana.
Is weight amount of marijuana alwsy part of court record or arrest record?
What if weight amount is not mentioned in record?
Is weight amount of marijuana alwsy part of court record or arrest record?
What if weight amount is not mentioned in record?
It's the weight amount that determines the charge. So if you are stopped, the arresting officer will determine the weight and then charge you accordingly.
It's the weight amount that determines the charge. So if you are stopped, the arresting officer will determine the weight and then charge you accordingly.
I am not so sure. I doubt the police work is really that detailed and always quantity oriented
I am not so sure. I doubt the police work is really that detailed and always quantity oriented
How else do you think they determine what to charge you with? Police having enough street training to determine how much 30 grams looks like.
How else do you think they determine what to charge you with? Police having enough street training to determine how much 30 grams looks like.
Th edefedants can throw marijunan away and the police only recover trace of it. Trace amount is enough evidence teh defendant smoke/p[ossess marijunna. But exactly amount will never be known.
Of cousr USCIS can ask "how many grams did you possess?", the applicant
can answr "I don't know because I never weighed it". or "I possess 29.5 grams".
Th edefedants can throw marijunan away and the police only recover trace of it. Trace amount is enough evidence teh defendant smoke/p[ossess marijunna. But exactly amount will never be known.
Of cousr USCIS can ask "how many grams did you possess?", the applicant
can answr "I don't know because I never weighed it". or "I possess 29.5 grams".
The conviction is based of evidence. You can't convict someone with for an amount over 30 grams if only a trace amount is found. A trace amount is obviously less than 30 grams.
The conviction is based of evidence. You can't convict someone with for an amount over 30 grams if only a trace amount is found. A trace amount is obviously less than 30 grams.
The police can recove 29 grams and that is circumstantial evidence
that the defendant possessed well over 30 grams
Conviciton can be just for possession of marijunna no matter how much.
It can depend on state laws but I doubt all state laws are that refined.
There could be some crimes of generic possession of marijunna qualitative
evidence is enough.
TheRealCanadian
Volunteer Moderator
The police can recove 29 grams and that is circumstantial evidence
that the defendant possessed well over 30 grams
That's like saying killing three people is circumstantial evidence that I killed five. If they recovered 29 grams, that's all they can charge you with possessing.
Conviciton can be just for possession of marijunna no matter how much. It can depend on state laws but I doubt all state laws are that refined. There could be some crimes of generic possession of marijunna qualitative evidence is enough.
That is correct, but the more is recovered, the more they can charge you with.
That's like saying killing three people is circumstantial evidence that I killed five. If they recovered 29 grams, that's all they can charge you with possessing.
No. That is like three dead bodies recovered can be circumstantial evidence
one murdered 5. nowadays dead body is not required evidence to convict
aa defedant charged with the murder.