N-400 and criminal history

C

com4

New Member
Hi All,

I'm getting ready to apply for citizenship and have been researching N-400 and effects of criminal records, and I have 2 concerns. Here's my quick run down:

traffic ticket 2004
traffic ticket 2005
possession of marijuana AND paraphernalia 2006
traffic ticket 2009
dui 2009 (case completed and closed in November 2012)

From what I understand traffic tickets, possession, and dui by themselves are usually not an issue. But I could not find anything useful on the paraphernalia charge I got along with the possession. I even read somewhere that it's a deportable offense. I don't know the laws around that but it seems that a paraphernalia would be a lesser secondary offense to the primary possession one.

My second concern is the number of offenses I have altogether and their overall effect. They might not be an issue by themselves but I have 3 criminal and 3 traffic offenses in all. Also, 4 of them are outside the 5 year window while one traffic citation and the dui are within it and while I got charged with dui in November 2009 it didn't fully complete (probation and ignition interlock program) until November 2012.

Also, the reason I'm trying to apply now versus waiting for the 5 year window is that my green card expires in February 2014, so if I don't get citizenship then I will have to try to re-new it and might face similar issues.

I would really appreciate any advice here. Thanks!
 
Passed interview and test. Waiting for decision

I was interviewed on Oct. 12th 2012. Officer checked and confirmed all the requirements. And I passed interview and test. But before making final decision officer asked me if I was arrested in last 5 years, I answered yes because of minor misdemeanor. Officer also confirmed my record by checking court decision (case was dismissed) which I submitted with N400 application. So he handed me the following decision paper:

N-652 Naturalization Interview Results

You have passed the tests of English And U.S history.

USCIS will send you a written decision about your application.

A decision can not yet be made about your application. It is important that you:

Come to any scheduled interview.
Submit all requested documents.
Go to any oath ceremony that you are scheduled to attend.
I will appreciate any help in this situation.
 
com4 said:
possession of marijuana AND paraphernalia 2006
Click to expand...

What is the amount of marijuana you are charged with posessing? 30 grams is the threshhold for deportation, which
automatically disqualify citizenship eligibility. So your case depends on

(1) amount <=30 grams - should be OK since itis not deportable and it occurrued more than 5 years ago
(2) amount >30 grams - you can be deported
(3) the amount os not specofied in the charge document - this I don't know how USCIS willinterpret


http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5667.html


INA: ACT 237 - GENERAL CLASSES OF DEPORTABLE ALIENS

(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.
 
WBH said:
INA: ACT 237 - GENERAL CLASSES OF DEPORTABLE ALIENS

(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.
Click to expand...

The issue can also arise since your charge is "possession of marijuana AND paraphernalia 2006" which USCIS can inpreprete as more than "a single offense" because it involve more than one type of controlled substances.

I think you should consult one or two lawyer before you file your N-400
 
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