QUESTION

Will past offenses affect my citizenship application?

Asked on Mar 16th, 2012 on Immigration - Florida
More details to this question:
In 2006 I was arrested for a possesion of cocaine charge, but the case never made it to court. It was rejected by the DA. I got a signed letter from the DA saying no criminal offense was charged. Then in 2010 I was ticketed for marijuana possesion. Went to court and was given 40 hours of community service which I completed. I got a printout for that case and it said dismissal per the judge. Note for the marijuana case I had 1 or 2 grams only. Will these cases affect my citizenship procedure even though they were rejected and dismissed?
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6 ANSWERS

Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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Did you plead guilty to the possession of marijuana?
Answered on Jul 02nd, 2013 at 1:26 AM

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Personal Injury Law Attorney serving Pooler, GA at Jarrett & Price, LLC
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Any drug charge can potentially impact your case. You need to contact experienced immigration counsel before you file your petition. It sounds like you had some type of conditional discharge on your marijuana conviction and the case shows a dismissal, however, it may be a conviction for immigration purposes.
Answered on Apr 19th, 2012 at 1:58 PM

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Assault Attorney serving Richardson, TX
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The 2010 case will. It will be a problem for five years as evidence of bad character for citizenship.
Answered on Mar 21st, 2012 at 4:52 PM

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Immigration Law Attorney serving Orlando, FL at Stoller & Moreno, P.A.
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My recommendation is that you seek the advice of a qualified immigration attorney. From your description, the more recent problem with marijuana is the more troubling, especially because it would appear to have occurred during the period for which you must establish that you are a person of good moral character. Keep in mind that cases which result in no action or even in the dismissal of charges after completion of a diversion program can still be used by CIS in determining whether you meet the good moral character requirement. CIS has become increasingly more and more difficult about approving cases where there is any problem suggesting any lapse of judgment questioning one's character. So best advice is to find someone who is qualified to discuss the concerns with you and who can provide some guidance on the possible issues that you may face in submitting the Form N-400. This case doesn't look like an absolute no. Instead an understanding that you may face issues with review of the case. Find someone good and you will be rewarded many times over by being placed in a position to make an informed decision.
Answered on Mar 20th, 2012 at 8:06 AM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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If you served 40 hours community services, it probably means you are convicted of drug offense. and since it is within the past 5 years, your N400 application will most likely be denied for lack of good moral character.
Answered on Mar 19th, 2012 at 2:38 PM

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Immigration Law Attorney serving Hialeah, FL at Hernandez & Suarez, PL
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If the marijuana case was dismissed, it will not affect you. The other cocaine charge could be used by immigration against you even though the case did not proceed in court. It is not very common but the law is out there that says that if immigration has reasons to believe that you were trafficking in drugs, even though no conviction and immigration have enough evidence, it could be used against you. It is up to immigration if they want to go that route.
Answered on Mar 19th, 2012 at 1:59 PM

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