Will I be denied citizenship? Please help!

[Sanddunes]

Hello everyone, this is my 2nd time trying to post here, for some reason my first post is not showing up at all. I have a relatively simple question, thanks so much for taking the time to read and/or answer!

I've been in the US for over 33 years now, and I am 35. My father got his citizenship when I was around 15 years old, my mother got hers a couple years ago, my sister was born here so she's good, and I am married to a natural born citizen, so that's a bonus. I have been working since age of 16 and am in a good, stable career with one of the largest companies in the world.

I DO have a permanent residency card, but it is expired. I just forgot to renew it.

HOWEVER - about 8 years ago, I was arrested twice within the scope of one month for possession of *********, both times were under one oz... in fact, both times were under a few grams. On my court documents, it says I found guilty of possession of under 2 oz, so I guess I will have to find supporting proof of the actual weight.

My question is, how risky will it be for me to proceed with obtaining citizenship? Would you recommend a lawyer? What are the odds that I'll be arrested and deported?

Thank you for your time!!

[rayb]

Start by renewing your Green Card with form I-90. You can't even consider applying for Naturalization without a current Green Card or receipt for a renewal application.

When you apply for Naturalization, and if there are any issues regarding your cannabis possession, you may be given a time period to wait, after which you can reapply. My advice, however, is to not apply for Naturalization until politics cool off and there is legal precedent for past cannabis possessions affecting naturalization. This is probably not a good time to "test the waters."

--Ray B

Hello everyone, this is my 2nd time trying to post here, for some reason my first post is not showing up at all. I have a relatively simple question, thanks so much for taking the time to read and/or answer!

I've been in the US for over 33 years now, and I am 35. My father got his citizenship when I was around 15 years old, my mother got hers a couple years ago, my sister was born here so she's good, and I am married to a natural born citizen, so that's a bonus. I have been working since age of 16 and am in a good, stable career with one of the largest companies in the world.

I DO have a permanent residency card, but it is expired. I just forgot to renew it.

HOWEVER - about 8 years ago, I was arrested twice within the scope of one month for possession of *********, both times were under one oz... in fact, both times were under a few grams. On my court documents, it says I found guilty of possession of under 2 oz, so I guess I will have to find supporting proof of the actual weight.

My question is, how risky will it be for me to proceed with obtaining citizenship? Would you recommend a lawyer? What are the odds that I'll be arrested and deported?

Thank you for your time!!

[newacct]

When you apply for Naturalization, and if there are any issues regarding your cannabis possession, you may be given a time period to wait, after which you can reapply. My advice, however, is to not apply for Naturalization until politics cool off and there is legal precedent for the effect of past cannabis possessions affecting naturalization. This is probably not a good time to "test thewaters."

--Ray B

I think the concern here isn't so much the naturalization, but rather whether his crimes make him deportable.

[rayb]

Good point. But I see it differently, that the Naturalization application could lead to the other. I doubt that it is likely to happen...more likely a denial for a period of time. but I don't think it's worth the risk. I've seen Naturalization applicants be threatened with deportation for admitting that they registered to vote, or actually voted in a Federal election. If DUI offenses can and have gotten offenders deported, why risk a test of cannabis tolerance by reviewers. Up until about 10 years ago, admission of smoking cannabis during medical exams or at visa interviews in Manila, Philippines, resulted in lifetime bars from a U.S. visa (since, however, this has changed).

As an irony, however, though admitted use of cannabis is not a barrier to visa approval in Manila, being a known drug user in the Philippines can get someone killed there.

--Ray B

I think the concern here isn't so much the naturalization, but rather whether his crimes make him deportable.

[SuperSanta]

I'd definitely renew your Green Card ASAP either way.

Since it was eight years ago I'd just bite the bullet and wait ten years. While they are minor drug offenses and that isn't typically a reason to lose permanent residency status it can cause your citizenship application to be denied (and lose $700). If you can show that you've been crime free for ten years, have a family, a life, a job, and so on I cannot see any reasonable officer denying your application.

Just try to keep the number of traffic tickets to a minimum. In your case if you're trying to show that you'd make an upstanding citizen, the last thing you want to sit there and explain is why you got several speeding tickets or similar petty things. They won't deny for traffic citations either, it just won't help your overall messaging.

Plus in two years even more states in the US might legalise weed, which will make your crime seem less severe.

Best of luck!

[Sanddunes]

You folks are awesome! Quick question, is the 10-year mark a type of "special milestone" in the eyes of USCIS? I can gladly wait that long if the consensus is that it's safer this way.

I will take the advice of renewing the greencard. I'm doing this today. At least they don't ask about any arrests on that form.

I'm originally from Iran, which makes things "spicier", lets say... Especially with Trump around. I won't say that I agree or disagree with his policies, especially since I don't care to even visit my home country (my parents left as refugees and vowed not to return), but having an Iranian passport and a US greencard severely limits the number of countries that will allow me to travel for visitation and fun, and that's so unfair to my wife. She loves to travel, and I owe it to her to get my act together and get a US passport.

So, ten years, huh? I haven't had even as much as a speeding ticket since my arrests, so I'm sure I can pull this off.

Bless everyone for taking time to answer!

[SuperSanta]

You folks are awesome! Quick question, is the 10-year mark a type of "special milestone" in the eyes of USCIS? I can gladly wait that long if the consensus is that it's safer this way.

So here is what it boils down to... If you had done this in the last five years, that is an automatic denial since you'd fail the "Good Moral Character" test:

"For the purposes of this Act-No person shall be regarded as, or found to be, a person of good moral character who, during the period for which good moral character is required to be established, is or was-"

" (3) a member of one or more of the classes of persons, whether inadmissible or not, described in paragraphs (2)(D), (6)(E), and 18c/ (10)(A) of section 212(a) of this Act; or subparagraphs (A) and (B) of section 212(a)(2) and subparagraph (C) thereof of such section (except as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana); if the offense described therein, for which such person was convicted or of which he admits the commission, was committed during such period; "

Since you had two "simple possessions" of less than 30 grams, you'd have got denied. Now, you're on eight years and I brought up ten years. Why is that? It is down to the fact that the above is what I'd call a "hard denial," the risk you face is a "soft denial" (meaning the officer you speak to will decide you fail the good moral character test, or more accurate cannot show that you pass it after the transgression, and you just wasted $700 on the application).

To quote USCIS again:

One of the requirements for naturalization is good moral character (GMC). An applicant for naturalization must show that he or she has been, and continues to be, a person of good moral character. In general, the applicant must show GMC during the five-year period immediately preceding his or her application for naturalization and up to the time of the Oath of Allegiance. Conduct prior to the five-year period may also impact whether the applicant meets the requirement.

It is that last line that is the "gotcha" here. And they go on to describe it:

USCIS is not limited to reviewing the applicant's conduct only during the applicable GMC period. An applicant’s conduct prior to the GMC period may affect the applicant’s ability to establish GMC if the applicant’s present conduct does not reflect a reformation of character or the earlier conduct is relevant to the applicant’s present moral character. [6]

In general, an officer must consider the totality of the circumstances and weigh all factors, favorable and unfavorable, when considering reformation of character in conjunction with GMC within the relevant period. [7] The following factors may be relevant in assessing an applicant’s current moral character and reformation of character:

•Family ties and background;
•Absence or presence of other criminal history;
•Education;
•Employment history;
•Other law-abiding behavior (for example meeting financial obligations, paying taxes);
•Community involvement;
•Credibility of the applicant;
•Compliance with probation; and
•Length of time in United States.

The longer you leave the application the easier it is to show all of these. While ten years is a very arbitrary figure it is double the "automatic denial" period and a long enough period to show legitimate reform which will make it much easier to pass the GMC.

I will say, in theory, getting denied for Citizenship shouldn't make future applications more difficult. Meaning getting denied now doesn't block you from reapplying later, just the [high] cost that is the limiter. So it boils down to if $700 is a lot of money to you on a personal level. If the application was free I'd just tell you to go for it since, why not? There's no downside. But $700 is a lot of money to a lot of people, so better to wait until you have a GOOD shot at passing it the first time around.

[zstoja]

Hello everyone, this is my 2nd time trying to post here, for some reason my first post is not showing up at all. I have a relatively simple question, thanks so much for taking the time to read and/or answer!

I've been in the US for over 33 years now, and I am 35. My father got his citizenship when I was around 15 years old, my mother got hers a couple years ago, my sister was born here so she's good, and I am married to a natural born citizen, so that's a bonus. I have been working since age of 16 and am in a good, stable career with one of the largest companies in the world.

I DO have a permanent residency card, but it is expired. I just forgot to renew it.

HOWEVER - about 8 years ago, I was arrested twice within the scope of one month for possession of *********, both times were under one oz... in fact, both times were under a few grams. On my court documents, it says I found guilty of possession of under 2 oz, so I guess I will have to find supporting proof of the actual weight.

My question is, how risky will it be for me to proceed with obtaining citizenship? Would you recommend a lawyer? What are the odds that I'll be arrested and deported?

Thank you for your time!!

It is better today to be illegal immigrant than legal in US.

[scientist2016]

Hello everyone, this is my 2nd time trying to post here, for some reason my first post is not showing up at all. I have a relatively simple question, thanks so much for taking the time to read and/or answer!

I've been in the US for over 33 years now, and I am 35. My father got his citizenship when I was around 15 years old, my mother got hers a couple years ago, my sister was born here so she's good, and I am married to a natural born citizen, so that's a bonus. I have been working since age of 16 and am in a good, stable career with one of the largest companies in the world.

I DO have a permanent residency card, but it is expired. I just forgot to renew it.

HOWEVER - about 8 years ago, I was arrested twice within the scope of one month for possession of *********, both times were under one oz... in fact, both times were under a few grams. On my court documents, it says I found guilty of possession of under 2 oz, so I guess I will have to find supporting proof of the actual weight.

My question is, how risky will it be for me to proceed with obtaining citizenship? Would you recommend a lawyer? What are the odds that I'll be arrested and deported?

Thank you for your time!!

My question is for RayB and newacct: Since the OP says his father became a citizen when he was around 15, wouldn't that already make him a citizen?

[newacct]

My question is for RayB and newacct: Since the OP says his father became a citizen when he was around 15, wouldn't that already make him a citizen?

If he's 35 now, he turned 18 in 1999 or 2000. This is before the Child Citizenship Act of 2000 took effect on February 27, 2001, so it didn't apply to him. The prior law required that both parents naturalized before the child turns 18, or if the parents divorced, the parent having sole custody naturalized before the child turns 18.

[scientist2016]

If he's 35 now, he turned 18 in 1999 or 2000. This is before the Child Citizenship Act of 2000 took effect on February 27, 2001, so it didn't apply to him. The prior law required that both parents naturalized before the child turns 18, or if the parents divorced, the parent having sole custody naturalized before the child turns 18.

Thanks newacct. Too bad, the OP missed it by a couple of yrs. or so. Or else this ordeal wouldn't have existed.