Recreational use and N400

[floyd1818 0]

I urgently need help regarding significant marijuana use. I have been on employment based green card since 2012. I live in CA, where recreational pot is legal and I used it regularly for a couple of years till I saw the USCIS press release regarding marijuana and starting reading more about immigration consequences. I am eligible for citizenship now but I am hesitating to apply. Has anyone else in similar situation applied for citizenship and cleared without trouble. How do I determine the best path forward? Please help! 

[USS_Voyager 1,972]

28 minutes ago, floyd1818 said:

I urgently need help regarding significant marijuana use. I have been on employment based green card since 2012. I live in CA, where recreational pot is legal and I used it regularly for a couple of years till I saw the USCIS press release regarding marijuana and starting reading more about immigration consequences. I am eligible for citizenship now but I am hesitating to apply. Has anyone else in similar situation applied for citizenship and cleared without trouble. How do I determine the best path forward? Please help! 

USCIS is issuing policy guidance in the USCIS Policy Manual to clarify that violations of federal controlled substance law, including violations involving marijuana, are generally a bar to establishing good moral character for naturalization, even where that conduct would not be an offense under state law.  The policy guidance also clarifies that an applicant who is involved in certain marijuana-related activities may lack good moral character if found to have violated federal law, even if such activity has been decriminalized under applicable state laws.

 

Since 1996, some states and the District of Columbia have enacted laws to decriminalize the manufacture, possession, distribution, and use of both medical and non-medical (recreational) marijuana in their respective jurisdictions. However, federal law classifies marijuana as a “Schedule I” controlled substance whose manufacture (which includes production, such as planting, cultivation, growing, or harvesting), distribution, dispensing, or possession may lead to immigration consequences.

 

https://www.uscis.gov/news/alerts/uscis-issues-policy-guidance-clarifying-how-federal-controlled-substances-law-applies-naturalization-determinations

[floyd1818 0]

17 minutes ago, USS_Voyager said:

USCIS is issuing policy guidance in the USCIS Policy Manual to clarify that violations of federal controlled substance law, including violations involving marijuana, are generally a bar to establishing good moral character for naturalization, even where that conduct would not be an offense under state law.  The policy guidance also clarifies that an applicant who is involved in certain marijuana-related activities may lack good moral character if found to have violated federal law, even if such activity has been decriminalized under applicable state laws.

 

Since 1996, some states and the District of Columbia have enacted laws to decriminalize the manufacture, possession, distribution, and use of both medical and non-medical (recreational) marijuana in their respective jurisdictions. However, federal law classifies marijuana as a “Schedule I” controlled substance whose manufacture (which includes production, such as planting, cultivation, growing, or harvesting), distribution, dispensing, or possession may lead to immigration consequences.

 

https://www.uscis.gov/news/alerts/uscis-issues-policy-guidance-clarifying-how-federal-controlled-substances-law-applies-naturalization-determinations

Yes, I read that but practically what does recreational use with no convictions mean and is it better to wait 5 years or apply now?

[USS_Voyager 1,972]

Just now, floyd1818 said:

Yes, I read that but practically what does recreational use with no convictions mean and is it better to wait 5 years or apply now?

Have you been arrested?

[arken 4,197]

N400 does not ask if you have consumed/taken controlled substances/drugs. So i don’t see a problem in applying for citizenship if you haven’t been arrested for that. 

[floyd1818 0]

34 minutes ago, USS_Voyager said:

Have you been arrested?

 

3 minutes ago, arken said:

N400 does not ask if you have consumed/taken controlled substances/drugs. So i don’t see a problem in applying for citizenship if you haven’t been arrested for that. 

Thank you both, not arrested or cited ever, but I read that if you have consumed, in the eyes or USCIS you don't have GMC so the interview officer may decline. Right? 

[USS_Voyager 1,972]

1 minute ago, floyd1818 said:

but I read that if you have consumed, in the eyes or USCIS you don't have GMC so the interview officer may decline. Right? 

That is correct, but how will they prove you have been consumed?

[geowrian 22,338]

"Have you EVER committed,assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested?"

[xyz12345 260]

2 hours ago, floyd1818 said:

I urgently need help regarding significant marijuana use. I have been on employment based green card since 2012. I live in CA, where recreational pot is legal and I used it regularly for a couple of years till I saw the USCIS press release regarding marijuana and starting reading more about immigration consequences. I am eligible for citizenship now but I am hesitating to apply. Has anyone else in similar situation applied for citizenship and cleared without trouble. How do I determine the best path forward? Please help! 

looks like conditional bar. to apply for N-400, it seems like you have to wait 5 years since last use if based on 5-yr residency or 3 years if based on marriage to USC.

 

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-5

 

https://citizenpath.com/faq/good-moral-character-requirement/

 

 

[R78 16]

I agree with geowrian. 

This could be percieved as a "federal crime" committed but not arrested. 

[Ryan H 3,821]

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