Hello,
I have been desperately seeking help, but can't find a wise advise anywhere, so I hope someone here would be able to give me some insight or information from thier own experience, or an experience of someone they know who went through a similar situation.
I been married to a United States citizen and been living and working in the U.S. since 2011.
Long story short, I applied for citizenship in 2017, and was recommended for approval in March 2018. The following month in April 2018, I was arrested for a marijuana possession of less than 20 grams, and that was the only time I have ever been arrested. I was given the marijuana by a friend who was trying to help me in controlling the symptoms of a genetic autoimmune syndrome I was born with known as FMF after he had explained to me that it was legal to use marijuana for medical purposes in the state of FL at that time and that it wouldn't hurt to try and see if it was beneficial, but failed to tell me I had to be registered with a card. (Turned out that even the medical card was still against the federal law).
I am a respectable husband and father, I had never been in trouble prior to that incident and have never been in trouble since then. I also hold a job of responsibility with a reputable financial institution and have been working for them for the past 8 years. I have filed my taxes every year since 2011 and have always paid my dues.
After the arrest and according to the criminal attorney recommendation, I pled "No Contest", paid the court costs and a fine of $15 and the case was closed. In October of the same year, I received a letter from USCIS to show up for my oath ceremony on November 16th, but when I attended the ceremony I had to answer the questionnaire on the back of the notice, and I answered with "yes" to the arrest question. At that point, they held me back from the oath and turned me around and sent me home. Two weeks later, I received a motion to reopen, and ultimately my application was denied in January of 2019 due to lake of Good Moral Character.
The same month I withdrew my "No Contest" plea, and the prosecutor announced a Nolli Prosequi to my case and dropped the charges.
I was able to schedule a consultation with an immigration attorney in my area, and he informed me that I could reapply for citizenship after receiving the Nolli Prosequi, and I did.
I supported my new application with 18 character recommendation letters from family, friends, pastors, supervisors and coworkers, testifying and explaining that I am a person of good moral, and they even explained why they thought I should be sworn in as a U.S citizen. I also provided my affidavit and explained the arrest situation and how it happened due naivety, ignorance and lake of knowledge, and provided my health diagnoses.
On September 9th, I went to interview with USCIS, and they told me that I should get a decision soon. A week later I received an approval letter with a new oath scheduled on November 15th 2019.
On November 14th 2019, and only one day before the scheduled ceremony, I received an email and a call from USCIS informing me that they were de-scheduling my appointment due to unforseen reasons, and to wait for a new notice in the mail.
Two weeks later, I received a new letter in the mail, but it was a motion to reopen with the intent to deny, stating that my application was approved by error, and explaining that due to previous charges and the fact that I paid $15 in fines, I was considered guilty for immigration purposes even with Nolli Prosequi, and asked me to respond in writing.
On December 11th my attorney responded, and explained that according to the USCIS policy manual and regulations, there was an exemption to the GMC conditional bars forgiving a one time offense of marijuana simple possession for 30 grams or less, and taking into consideration all other factors, that the incident might be a blemish on my character, but my character still measures up to the average American citizen in my community.
On January 14th, I received a final decision from USCIS, and they denied my application again. They explained that the referenced exemption relates only to inadmissiblity and deportability situations and is not used in the naturalization context, even though it's stated that the exemption does apply to naturalization. They also said that I could appeal their decision, or I can reapply at any time by submitting a new application and paying new fees. However, they said that I should wait 5 years before applying again in order to meet the "convection-free" 5 years statutory period, but my attorney is recommending to appeal their decision, or he said I can wait 3 years (3 years because I am a spouse of a U.S citizen) before reapplying.
At this point I don't know what the right thing to do is. Appealing and paying the attorney new fees? Waiting 5 years according to the USCIS, or 3 years according to the attorney's recommendation?
My family and I are suffering greatly from this situation. If we wait 5 years, my Green card will be up around the time I should be allowed to reapply for citizenship again and I will have to pay for both applications, and only God knows if they would renew my green card or not.
If I appeal and it gets denied, that was more wasted money that I could use to send my 5 year old girl to school next year, or pay for mine or my wife's medical bills. There's also the emotional pain that I am unable to fly to see my own family who I have not seen since I left my country of origin in 2011 and they haven't been able to meet my little girl yet, who's considered their first grandchild.
I am sorry for this long explanation, but I desperately need advice and a second opinion, and hoping to hear from someone here.
Regards,
I have been desperately seeking help, but can't find a wise advise anywhere, so I hope someone here would be able to give me some insight or information from thier own experience, or an experience of someone they know who went through a similar situation.
I been married to a United States citizen and been living and working in the U.S. since 2011.
Long story short, I applied for citizenship in 2017, and was recommended for approval in March 2018. The following month in April 2018, I was arrested for a marijuana possession of less than 20 grams, and that was the only time I have ever been arrested. I was given the marijuana by a friend who was trying to help me in controlling the symptoms of a genetic autoimmune syndrome I was born with known as FMF after he had explained to me that it was legal to use marijuana for medical purposes in the state of FL at that time and that it wouldn't hurt to try and see if it was beneficial, but failed to tell me I had to be registered with a card. (Turned out that even the medical card was still against the federal law).
I am a respectable husband and father, I had never been in trouble prior to that incident and have never been in trouble since then. I also hold a job of responsibility with a reputable financial institution and have been working for them for the past 8 years. I have filed my taxes every year since 2011 and have always paid my dues.
After the arrest and according to the criminal attorney recommendation, I pled "No Contest", paid the court costs and a fine of $15 and the case was closed. In October of the same year, I received a letter from USCIS to show up for my oath ceremony on November 16th, but when I attended the ceremony I had to answer the questionnaire on the back of the notice, and I answered with "yes" to the arrest question. At that point, they held me back from the oath and turned me around and sent me home. Two weeks later, I received a motion to reopen, and ultimately my application was denied in January of 2019 due to lake of Good Moral Character.
The same month I withdrew my "No Contest" plea, and the prosecutor announced a Nolli Prosequi to my case and dropped the charges.
I was able to schedule a consultation with an immigration attorney in my area, and he informed me that I could reapply for citizenship after receiving the Nolli Prosequi, and I did.
I supported my new application with 18 character recommendation letters from family, friends, pastors, supervisors and coworkers, testifying and explaining that I am a person of good moral, and they even explained why they thought I should be sworn in as a U.S citizen. I also provided my affidavit and explained the arrest situation and how it happened due naivety, ignorance and lake of knowledge, and provided my health diagnoses.
On September 9th, I went to interview with USCIS, and they told me that I should get a decision soon. A week later I received an approval letter with a new oath scheduled on November 15th 2019.
On November 14th 2019, and only one day before the scheduled ceremony, I received an email and a call from USCIS informing me that they were de-scheduling my appointment due to unforseen reasons, and to wait for a new notice in the mail.
Two weeks later, I received a new letter in the mail, but it was a motion to reopen with the intent to deny, stating that my application was approved by error, and explaining that due to previous charges and the fact that I paid $15 in fines, I was considered guilty for immigration purposes even with Nolli Prosequi, and asked me to respond in writing.
On December 11th my attorney responded, and explained that according to the USCIS policy manual and regulations, there was an exemption to the GMC conditional bars forgiving a one time offense of marijuana simple possession for 30 grams or less, and taking into consideration all other factors, that the incident might be a blemish on my character, but my character still measures up to the average American citizen in my community.
On January 14th, I received a final decision from USCIS, and they denied my application again. They explained that the referenced exemption relates only to inadmissiblity and deportability situations and is not used in the naturalization context, even though it's stated that the exemption does apply to naturalization. They also said that I could appeal their decision, or I can reapply at any time by submitting a new application and paying new fees. However, they said that I should wait 5 years before applying again in order to meet the "convection-free" 5 years statutory period, but my attorney is recommending to appeal their decision, or he said I can wait 3 years (3 years because I am a spouse of a U.S citizen) before reapplying.
At this point I don't know what the right thing to do is. Appealing and paying the attorney new fees? Waiting 5 years according to the USCIS, or 3 years according to the attorney's recommendation?
My family and I are suffering greatly from this situation. If we wait 5 years, my Green card will be up around the time I should be allowed to reapply for citizenship again and I will have to pay for both applications, and only God knows if they would renew my green card or not.
If I appeal and it gets denied, that was more wasted money that I could use to send my 5 year old girl to school next year, or pay for mine or my wife's medical bills. There's also the emotional pain that I am unable to fly to see my own family who I have not seen since I left my country of origin in 2011 and they haven't been able to meet my little girl yet, who's considered their first grandchild.
I am sorry for this long explanation, but I desperately need advice and a second opinion, and hoping to hear from someone here.
Regards,
