Citizenship with inadmissiblity status

[Targa123 0]

I am a green card holder and I've been holding a green card since the admission of U.S. for 13 years now. In 2010, I was arrested for DUI (misdemeanor A), I pleaded No Contest to enter deferred Adjudication, I completed a alcohol rehab course and the charge was dismissed. In 2012, I received a citation for possession of drug paraphernalia (a marijuana pipe) - It was an unfortunate incident because I am not a drug user, and the pipe didn't belong to me but I was cited for being in the house where the pipe was discovered (I was in a house party). Stupidly, I pleaded No Contest to the charge in order enter differed disposition without consulting an immigration lawyer about the immigration consequence at the time - the citation was under traffic violation in the state category so I didn't think twice and just wanted to get it over with. The citation was dismissed upon the completion of differed disposition which include to complete a defense driving course and pay a fine... (Yes, a driving class!) These were stupid mistakes that I made as a young adult without thinking ahead of my future, and I still feel a lot of shame and regret till these days. Since the last incident, I had earned a college degree, and I have been employed full time since the beginning of 2013 (upon college graduation). I have no other incidents beside one single traffic citation.

Lately I am thinking to apply for Naturalization, and I just remember about the drug paraphernalia citation! It was so minor that I totally forgot about it...I even filed to renew my green card last year and granted a new green card without consulting an immigration lawyer!! (So stupid!) I was totally lucked out because my green card renewal application could have been rejected, and I could have been putting on removal proceedings due to the drug paraphernalia citation! I am totally stressed out and worry right now, because I just learned that my L.P.R. status might have become inadmissible due to having the drug paraphernalia citation...I did a ton of research in the past week and learned a few facts related to my case, please let me know if any of these are incorrect because there is so much misleading information on the internet:

• With the legal alien's admission of guilt (pleading guilty or no contest) would be considered a conviction under immigration law even the charge was not convicted under state's criminal law ( which means in my case, both of my dismissed charges are convictions to immigration judge).
• A Simple DUI is not considered as CIMT (but I should still wait until it passes the 5 Year statutory period to prove that I have reformed...in my case it just passed 5 years counting from the date of the completion of deferred adjudication).
• A controlled substance related charge other than involving a simple possession of Marijuana of 30 grams or less is not considered as CIMT, it does not make the legal alien deportable but it makes the legal alien inadmissible thus the legal alien should not travel outside of U.S. ( assumed that I am not deportable but I am inadmissible due to the fact that I was able still granted a green card renewal).
• A drug related conviction (other than the 30 grams of marijuana possession) would temporarily bar from naturalization for 5 years. (Though the immigration law has expanded to cover two charges related to 30 grams of less Marijuana that occurred in the same instance - that includes one possession charge and one drug paraphernalia charge. In my case I only have one charge - that is a drug paraphernalia related to marijuana, although I am not sure how I am supposed to prove that it is related to 30 grams or less of marijuana...Because the citation was not specific about it...I don't have the original copy any more but I don't recall anything like that. So I am counting it as an non-exception, which means that I have to wait until the 5 years period has passed.)

My question is - Has anyone ever applied for naturalization with an inadmissibility status (not deportable)? Do you have to file a waiver of inadmissibility (N601) in order to apply for citizenship? I don't see why I need to file a waiver of inadmissibility as long as I don't travel outside of the U.S. (thus no denying of the admissibility). I am putting things in a checklist now, I am requesting my full criminal records from the court, when I have everything ready, I will consult an experience immigration lawyer that also practices criminal law. Any other comments or suggestions that I should do? Anything would be much appreciated!

Edited May 9, 2016 by Targa123

[Hypnos 6,576]

A lawyer is the way to go.