Last night I was charged with 1 count of possession of marijuana (1 gram) and 1 count of possession of paraphernalia. I have a court date August 2nd. I am 21 years old, resident of Florida, this is my first offence ever. My question is the following, I have applied for citizenship and my date to swear in oath is August 1st. Am I going to have problems receiving citizenship? Will they question me on that day about my charges? Also, the cop said i should plead no contest the day of court. Is that the best thing to do? help!! thank you in advanced
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Misdemeanor with Naturalization in Process
- Thread starter cj90
- Start date
Last night I was charged with 1 count of possession of marijuana (1 gram) and 1 count of possession of paraphernalia. I have a court date August 2nd. I am 21 years old, resident of Florida, this is my first offence ever. My question is the following, I have applied for citizenship and my date to swear in oath is August 1st. Am I going to have problems receiving citizenship? Will they question me on that day about my charges? Also, the cop said i should plead no contest the day of court. Is that the best thing to do? help!! thank you in advanced
You have screwed yourself out of naturalization for the moment. You CANNOT be naturalized now. That is NOT the end of the story. What you do now is critical to your future.
Confess to USCIS that this has happened. Your N-400 will be reopened and denied or reopened and withdrawn depending on how you approach the situation. This incident is NOT sufficient to place you in Removal Proceedings. IF you were idiotic enough to try to conceal this and show up for the Oath Ceremony, it will catch up to you later and will be enough to denaturalize you and prosecute you criminally. AFTER you get out of prison for naturalization fraud, you will be deported and barred from ever returning even as a non-immigrant.
GinniKapoor
New Member
I was charged with a misdemeanor and denied citizenship..
Hello,
(sorry I wasn't understanding how exactly to post a thread) :/ but..
I have a question. I was convicted of misdemeanor when I was 17 in the state of Texas for attempted burglary of a building (back in 2007), It was a very small, and childish case.. the only reason I honestly got in trouble was probably because I was too scared to tell my parents at the time so I never got an attorney and just pleaded guilty because I thought it would help me get out of trouble faster... (Even my probation officer had said it was a strange case to him, because I was charged the same as the people involved in it, while I should have been charged as an accessory because the guys that were involved never even broke in, and I was at home sleeping.. in fact all they had from me was a text message with directions to this place and because I knew I got charged as well) Anyways I did apply for Citizenship back in 2010 with my family and I got denied citizenship because of "lack of good moral character" Does this mean I wont ever be able to get my citizenship? I need some help, some guidance. I went to India this year, and immigration stopped me, I think this is because in the Public department of safety in Texas --the records show it as a felony (I'm working on getting the documents from the clerks office and getting that changed because I was charged with a Misdemeanor and I know that for a fact) the individual was quite mean, and even threatened to send me back? But she said I got lucky because I was only 17 at the time of the event. Someone had mentioned if you are good and do display good behavior for a time period of five years, you can reapply. I got convicted in 2007.. Is it smart to reapply, or would that just be wasting money because I'll just get denied again? I don't want to try to travel to India and then I come back and they decide to permanently send me back! Please Help!
Thanks
Hello,
(sorry I wasn't understanding how exactly to post a thread) :/ but..
I have a question. I was convicted of misdemeanor when I was 17 in the state of Texas for attempted burglary of a building (back in 2007), It was a very small, and childish case.. the only reason I honestly got in trouble was probably because I was too scared to tell my parents at the time so I never got an attorney and just pleaded guilty because I thought it would help me get out of trouble faster... (Even my probation officer had said it was a strange case to him, because I was charged the same as the people involved in it, while I should have been charged as an accessory because the guys that were involved never even broke in, and I was at home sleeping.. in fact all they had from me was a text message with directions to this place and because I knew I got charged as well) Anyways I did apply for Citizenship back in 2010 with my family and I got denied citizenship because of "lack of good moral character" Does this mean I wont ever be able to get my citizenship? I need some help, some guidance. I went to India this year, and immigration stopped me, I think this is because in the Public department of safety in Texas --the records show it as a felony (I'm working on getting the documents from the clerks office and getting that changed because I was charged with a Misdemeanor and I know that for a fact) the individual was quite mean, and even threatened to send me back? But she said I got lucky because I was only 17 at the time of the event. Someone had mentioned if you are good and do display good behavior for a time period of five years, you can reapply. I got convicted in 2007.. Is it smart to reapply, or would that just be wasting money because I'll just get denied again? I don't want to try to travel to India and then I come back and they decide to permanently send me back! Please Help!
Thanks
Hello,
(sorry I wasn't understanding how exactly to post a thread) :/ but..
I have a question. I was convicted of misdemeanor when I was 17 in the state of Texas for attempted burglary of a building (back in 2007), It was a very small, and childish case.. the only reason I honestly got in trouble was probably because I was too scared to tell my parents at the time so I never got an attorney and just pleaded guilty because I thought it would help me get out of trouble faster... (Even my probation officer had said it was a strange case to him, because I was charged the same as the people involved in it, while I should have been charged as an accessory because the guys that were involved never even broke in, and I was at home sleeping.. in fact all they had from me was a text message with directions to this place and because I knew I got charged as well) Anyways I did apply for Citizenship back in 2010 with my family and I got denied citizenship because of "lack of good moral character" Does this mean I wont ever be able to get my citizenship? I need some help, some guidance. I went to India this year, and immigration stopped me, I think this is because in the Public department of safety in Texas --the records show it as a felony (I'm working on getting the documents from the clerks office and getting that changed because I was charged with a Misdemeanor and I know that for a fact) the individual was quite mean, and even threatened to send me back? But she said I got lucky because I was only 17 at the time of the event. Someone had mentioned if you are good and do display good behavior for a time period of five years, you can reapply. I got convicted in 2007.. Is it smart to reapply, or would that just be wasting money because I'll just get denied again? I don't want to try to travel to India and then I come back and they decide to permanently send me back! Please Help!
Thanks
You did not mention getting an NTA or being placed in Removal Proceedings. The N-400 denial should have told you if you were permanently or temporarily barred from demonstrating GMC based on that conviction. What does it say?
Tell use the sections of law cited. 8 CFR 316.10(?) and/or INA 101(f)(?)
dafortycal
Registered Users (C)
1 gram is almost nothing, you can get a waiver upto 30 grams. There is no waiver for the paraphernalia, but there are other forms of reliefs but at this point no one at USCIS or ICE is going to care much. No IJ is going to deport you for just a pipe or smoking papers.
Now, were you charged under a Federal or State statute, ICE can not use a city or local code violation against you as a 237 charge.
BTW... No contest mean you are guilty! Before you raise your right hand and become a US citizen, USCIS will ask you if anything had changed since you submitted your application, better not lie.
I sure hope that was good marijuana, you really made a mess of things.
Now, were you charged under a Federal or State statute, ICE can not use a city or local code violation against you as a 237 charge.
BTW... No contest mean you are guilty! Before you raise your right hand and become a US citizen, USCIS will ask you if anything had changed since you submitted your application, better not lie.
I sure hope that was good marijuana, you really made a mess of things.
Last night I was charged with 1 count of possession of marijuana (1 gram) and 1 count of possession of paraphernalia. I have a court date August 2nd. I am 21 years old, resident of Florida, this is my first offence ever. My question is the following, I have applied for citizenship and my date to swear in oath is August 1st. Am I going to have problems receiving citizenship? Will they question me on that day about my charges? Also, the cop said i should plead no contest the day of court. Is that the best thing to do? help!! thank you in advanced
1 gram is almost nothing, you can get a waiver upto 30 grams. There is no waiver for the paraphernalia, but there are other forms of reliefs but at this point no one at USCIS or ICE is going to care much. No IJ is going to deport you for just a pipe or smoking papers.
Now, were you charged under a Federal or State statute, ICE can not use a city or local code violation against you as a 237 charge.
BTW... No contest mean you are guilty! Before you raise your right hand and become a US citizen, USCIS will ask you if anything had changed since you submitted your application, better not lie.
I sure hope that was good marijuana, you really made a mess of things.
Actually, the BIA just issued a precedent on a relevant topic (July 18, 2012) at: http://www.justice.gov/eoir/vll/intdec/vol25/3760.pdf
Last night I was charged with 1 count of possession of marijuana (1 gram) and 1 count of possession of paraphernalia. I have a court date August 2nd. I am 21 years old, resident of Florida, this is my first offence ever. My question is the following, I have applied for citizenship and my date to swear in oath is August 1st. Am I going to have problems receiving citizenship? Will they question me on that day about my charges? Also, the cop said i should plead no contest the day of court. Is that the best thing to do? help!! thank you in advanced
you can drag this process for couple of years ...it might get thrown out of court all together (it happens all the time)
my advice is to find good lawyer and stall as much as possible
you are looking to at least a year or two long court case if you plea is not guilty ..no contest is not an option and I will strongly advise against it (every "advice" by the cop is a wrong one and its against your interest ..he just wants a quick conviction and he KNOWS that you could "walk" if the case goes to court ..)
get a good lawyer !!! and
just fight for time ..it could be that all those cases will be abolished if marijuana is legalized
its all the same for you anyways
BTW In California (LA)from what I know USCIS almost always looked the other way when arrest was made between interview and oath and citizenship was granted even if the case is not finalized in the court (not for felonies of course )..so you should proceed with oath anyways and disclose the arrest ..big chance is that you will get it !!
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thomasjohndizon
New Member
I need some answer?
Here is my timeline
Apply for N400 02/27/2012
Receipt Notice Date 03/01/2012
Biometrics Notification 03/08/2012
Biometrics Appointment 03/22/2012
Pre-interview Case File Review 04/03/2012
Interview (I passed) 06/19/2012
"they said wait for the oath letter"
Until now still waiting for the oath
letter
Is this normal to wait longer?
The longer you wait that means you pass and get your oath letter?
I changed my name is that going to affect on how long is the process going to be?
I had misdemeanor 6 years ago it was loitering intent to prostitution but it was expunged, dismissed and the case was closed. Is it going to affect my naturalization?
Please help thank you
Here is my timeline
Apply for N400 02/27/2012
Receipt Notice Date 03/01/2012
Biometrics Notification 03/08/2012
Biometrics Appointment 03/22/2012
Pre-interview Case File Review 04/03/2012
Interview (I passed) 06/19/2012
"they said wait for the oath letter"
Until now still waiting for the oath
letter
Is this normal to wait longer?
The longer you wait that means you pass and get your oath letter?
I changed my name is that going to affect on how long is the process going to be?
I had misdemeanor 6 years ago it was loitering intent to prostitution but it was expunged, dismissed and the case was closed. Is it going to affect my naturalization?
Please help thank you