QUESTION
Would a marijuana possession ticket affect my becoming a citizen?
Asked on Oct 24th, 2013 on Immigration - Missouri
More details to this question:
I was driving, I got pulled over then they surged my car and found 12 grams of marijuana. I was told I was getting a city citation but had to go to the town's jail but I wasn't handcuffed. I sat in the front seat and they didn't take my fingerprints or mugshot. I bailed myself out and my car was impounded. The officer told me I was getting two tickets, one for traffic violation and the possession of marijuana. I have court on November 13 but both officers and the woman who gave me a receipt said I didn't have to show up in court and it wouldn't be in my record. I'm also a legal resident right now. I have been for about 4 years. I have never been in trouble. I'm not planning on applying for citizenship right now but first should I go to court and plead no contest or not guilty?
5 ANSWERS
Adebola O. Asekun
Conviction for marijuana possession will adversely affect your immigration status although, you might be eligible for a s.212h waiver. However, it is best that you get a disposition that does not result in a controlled substance conviction.
Answered on Oct 29th, 2013 at 7:46 AM
Criminal Defense Attorney serving Farmington Hills, MI
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Rickie Emmanuel Ibe, PC
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You should go court and negotiate a plea bargain. The possession case will not prevent you from becoming a citizen but, it may delay when you qualify to become a citizen.
Answered on Oct 25th, 2013 at 8:43 AM
The charge can affect your citizenship. Call us to discuss.
Answered on Oct 25th, 2013 at 1:41 AM
Yes in a bad way if you lie about it to the immigration officer and they find out about it.
Answered on Oct 24th, 2013 at 10:26 PM
Employment & Labor Attorney serving Salt Lake City, UT
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Sharon L. Preston, P.C.
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I understand from your question that you have been charged with "possession" of marijuana. In your situation, you should consult with an immigration attorney. Intent to distribute and possession of paraphernalia are very very serious charges for immigration. So make sure that you haven't been charged with any of those additional charges. What the officer told is not really relevant, but instead, what the actual charges are against you, is what really matters. These charges (if the state charges you with those) can also result in removal / deportation, so it's important for you to consult with an immigration attorney. When you apply for citizenship (naturalization), you have to show that you have "good moral character". The immigration law, INA Section 101(f) provides a list of who is not a person of good moral character. The list includes a person who: Has violated any law of the United States, any state, or any foreign country relating to a controlled substance, provided that the violation was not a single offense for simple possession of 30 grams or less of marijuana... So even though, technically you can apply for citizenship with a single conviction for possession under 30 grams of marijuana, since there are other charges you may have, you should consult an immigration attorney.
Answered on Oct 24th, 2013 at 10:26 PM