Pot bust isn’t automatic bar to getting U.S. citizenship
The police arrested me for marijuana possession in 2017, but I pleaded guilty to disorderly conduct only. Then in 2018 the police stopped a car I was in and found marijuana. The judge dropped the charges. Will I have a problem becoming a U.S. citizen?
Name withheld, Pennsylvania Get your complete criminal record and discuss your case with an immigration law expert. My guess is that you can naturalize despite your run-ins with the law.
Since you weren’t convicted of marijuana possession, the law does not automatically bar you from naturalizing. However, if you admitted smoking or ingesting marijuana during the five years before your naturalization interview, U.S. Citizenship and Immigration Services may deny your application.
Using weed shows a lack of the good moral character you need to show to naturalize. That’s true even in states that have legalized marijuana use. You must show three years’ good moral character if you qualify under the special rules for the spouse of a U.S. citizen.
You can find an excellent review of marijuana-related immigration issues at the website of the Immigrant Legal Resource Center, bit.ly/32kzrzN.
Another thing: Don’t travel abroad without speaking with an expert. A record of marijuana use can cause problems when returning to the United States.
Can I hire you to look at my Form N-648, Medical Certification for Disability
Exceptions? I’d like a second opinion.
Mike These days, all my legal work is done through the free services provided by the City University of New York’s Citizenship Now! project, so I’m not for hire. Still, you are smart to get a second opinion, either from a private lawyer or a not-for-profit legal service organization.
If USCIS approves Form N-648, a permanent resident can be exempt from having to answer U.S. government and history questions, or to show the ability to speak, read and write English. USCIS can sometimes be strict with these requests.
For free or low-cost legal assistance, check the website of the Immigrants Advocates Network, bit.ly/3JeBeak. To consult with a private attorney, try the national list of local panels at americanbar.org/groups/ legal_services or the American Immigration Lawyers Association’s Immigration Lawyer Search at ailalawyer.com.