Can I apply for citizenship? 6 Answers as of September 09, 2011

I want to apply for citizenship, but on 2009 my college roommate was found guilty of the possession of marijuana in school. The Judicial Affairs Officer from my university also charged me of possession of marijuana just because I was in the dorm (sleeping) when my roommate was caught with the substance (I had no idea he had it). However, I was still charged. In the record there is no mention of the amount of the substance. My University says that the record will stay in the school and will not be released unless there is an order from court. Will this affect my application?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Unfortunately, yes, the charge is serious. You must get a good attorney to obtain an acquittal. Any drug-related offense can disqualify you from citizenship and subject you to deportation. For more help in relation to your citizenship application, feel free to call or e-mail me for an appointment.
Answer Applies to: California
Replied: 9/9/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
probably not as this is not an arrest or conviction under any state or federal law. No need to disclose it in your immigration application.
Answer Applies to: California
Replied: 7/21/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
It appears that this was a college related procedure and was never reported to the police or resulted in any criminal prosecution. Remember, everyone is innocent unless proven otherwise in a court of law.
Answer Applies to: Nevada
Replied: 7/20/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes you can apply for citizenship but what I would want to do is find out what is actually in my criminal background record kept by the FBI. Start there and if you find nothing there, then go ahead and apply. However, if you are asked by an immigration officer whether you have committed any offense for which you have not been arrested or convicted for, think twice before answering. The truth will serve you well. Good luck!
Answer Applies to: California
Replied: 7/20/2011
The Law Offices Jonathan D Montag
The Law Offices Jonathan D Montag | Jonathan D Montag
Dear Sir or Madame: I can respond to your question in general terms. Do not construe this response as legal advice as I would have to meet with you and learn a lot more facts about your case to see if the general principles in my answer apply to your specific case or if facts in your case make the general principle inapplicable. Generally speaking: USCIS has broad discretion to deny an alien naturalization based on his or her conduct evincing bad moral character. Most often only a conviction, and sometimes arrests, create a basis for finding a lack of good moral character. Admissions of misconduct could also be evidence of bad moral character. Criminal misconduct can also lead to the institution of removal proceedings. Non-judicial discipline from a school does not constitute an arrest or a conviction. I cannot schedule an appointment through email. Please call me to schedule an appointment.
Answer Applies to: California
Replied: 7/20/2011
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