Urgent Help Required N400 N445

[JD Singh 0]

Here is the scoop. My naturalization application has been approved and am awaiting for my oath taking ceremony date. Unfortunately, I received a citation of possession of marijuana under an ounce along the drug paraphernalia in the same instance (but different offense). This is my first time getting a marijuana citation. I've read the USCIS rules, which say that there is an exception to the controlled substance charges if it is only single time offense of marijuana possession under 30gms.

 

Here are my questions:

• If these are the only charges and there are no other charges (like to sell, or intent to distribute), should I plead guilty and pay all the fines and take the relevant paperwork to the oath ceremony?
• Should I fight the charges (can become expensive, which might be an issue)?

 

I am more or less inclined to accept the conviction since it will fall under the exception category. Any help, suggestions is appreciated. Thanks much !!

[millefleur 5,035]

**Duplicate thread removed; please do not post the same topic in multiple forums and keep all questions related to this matter to this thread**

[little immigrant 800]

Did you get the citation after the interview? 

[JD Singh 0]

Yes after the interview and approval of the N-400 application.

[USS_Voyager 1,971]

.

 

Edited February 21, 2019 by USS_Voyager

[JD Singh 0]

I have a court date in about two months. It has been exactly 2 weeks since my application got approved. I think it will be after the oath ceremony.

Edited February 21, 2019 by JD Singh

[Hypnos 6,576]

You won't be able to take your oath with the court date pending.

 

I believe this may now cause you to fail the "good moral character" requirement of the naturalisation process.

[JD Singh 0]

This is from one of the USCIS websites ...

 

.....A criminal conviction of an offense relating to a federally-defined controlled substance,including marijuana,can make a non citizen both deportable and inadmissible. There is an automatic exception to the deportation ground, and the possibility of obtaining a discretionary waiver of the inadmissibility ground,for one or more convictions arising from a single incident that involved possession of 30 grams or less of marijuana, or being under the influence, or possessing paraphernalia for personal, of marijuana.This also is not an bar to establishing good moral character....

 

Don't I fall under that category?

[Hypnos 6,576]

Right, but you said you were charged with two separate offences: marijuana possession, and also paraphernalia.

 

You should consult with an experienced immigration attorney before doing anything.

[Hypnos 6,576]

I didn't notice the "one or more convictions arising from a single incident" part. Hopefully that would cover you.

 

I would absolutely still consult with an experienced immigration attorney to double-check that that's correct though. And what I said above still applies: you won't be able to take your oath with this case pending. It would need to be disposed of first.

[JD Singh 0]

Yeah that's what I am getting at. If I plead guilty, pay the fines and whatever the court says and bring the certified copied to the oath taking ceremony, I am hoping they would allow to complete the ceremony since I fall under the exception category. I'll definitely consult an attorney before pleading guilty to make sure I do fall under the exception category.

[Going through 5,668]

18 hours ago, JD Singh said:

Yeah that's what I am getting at. If I plead guilty, pay the fines and whatever the court says and bring the certified copied to the oath taking ceremony, I am hoping they would allow to complete the ceremony since I fall under the exception category. I'll definitely consult an attorney before pleading guilty to make sure I do fall under the exception category.

If the court case hasn't happened/closed by the time the oath date rolls around, you won't be able to take your oath.

If the court case ends up being a fine PLUS a period of probation, you may be refused participation in taking your oath until the probationary period is completed (at the discretion of the officer/agent).

 

Either way, make sure you disclose the arrest on the back of the N445 form.

 

Edited February 22, 2019 by Going through

[JD Singh 0]

Thanks for the information. By the way, I was never arrested and was only given a citation. No finger printing and nothing happened. The officer told me that it's like a speeding ticket. How complicated is the procedure to re-schedule the oath taking ceremony?

[Russ&Caro 1,548]

I have no legal background so my advice isn't legal in nature here. However, if I faced what you faced, I think I would attempt to withdraw the n400, hire a criminal attorney to get the charges reduced (perhaps they can get you free of the paraphernalia charge), serve out whatever probationary period that is issued, and re-apply once that is over. The future $700 n400 application fee that you're trying to avoid isn't worth it in view of the implications that your citation implies. But as others have stated, an immigration attorney will offer better advice on your existing and/or future applications. Good luck!

[JD Singh 0]

Thanks for the info. But I don't think one can withdraw the n400 application after it has been approved.