New York Daily News

Citizenshi­p bid won’t go to pot

- ALLAN WERNICK

QWill my marijuana arrest keep me from becoming a U.S. citizen? I have had a green card since 1971. In 1977, I was ar- rested for marijuana possession when a cop found marijuana seeds in a car where I was a passenger. I went through a remediatio­n program and the charges were dropped. Once when returning from abroad, an officer said he was sending my case for deportatio­n, but I’ve heard nothing since.

AYou can get U.S. citizenshi­p despite your arrest. However, please follow “Wernick’s rule”: Anyone with a criminal record should consult an immigratio­n law expert before

applying for an immigratio­n benefit.

U.S. Citizenshi­p and Immigratio­n Services issued new guidance just last week on marijuana and naturaliza­tion. The guidance restated the rule that a conviction or admission of marijuana shows a lack of the good moral character needed to naturalize. The new wrinkle is that according to USCIS, marijuana use shows a lack of good moral character even if possession is legal in your state. In any event, your arrest was beyond the five-year period of good moral character usually required for citizenshi­p, so it should not be a problem. And, the USCIS position is legally questionab­le given that the good moral character definition­s exempt a conviction for 30 grams or less of marijuana.

As for deportatio­n, under our immigratio­n laws, your having to go through remediatio­n to get your case dismissed means that you were “convicted.” However, the law provides for a deportatio­n waiver for a single conviction of possession of 30 grams of marijuana.

Q A

Can an F-1 internatio­nal student make money by licensing a patent or owning a business? Yes. It is not a violation of F-1 status to own a license or patent or own a business. You can supervise business activity and earn profits from that activity.

You may be in violation of F-1 status, however, if you were to take a salary from a business, unless you are permitted to work through practical training or other USCIS permission. Profits are fine. Salary is not.

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