How will possession of alcohol affect my sons immigration interview? 7 Answers as of August 09, 2011My son is 19 years old and is currently going through the naturalization process. He has been legally in the U.S. since 1994 and has held his green card since 2000. He was recently charged twice with minor in possession of alcohol. One of these he is fighting in court, but his next court date is not until after the immigration interview. Will these charges affect him?
Fong & Associates | William D. Fong
Yes, the USCIS officer must determine him to be a person of "good moral character" for the five year period up to his application for citizenship to qualify for citizenship. He may need to wait for a period of five years after the final disposition of his criminal convictions.
Answer Applies to: Texas
All American Immigration | Tom Youngjohn
I recommend you get a second opinion from another immigration attorney. One possession would not be a problem, but two, recent, back-to-back? Worse, he probably can't naturalize with a pending charge. The case has to be closed. It wasn't clear from your post if he already had a conviction, or if one of the two cases was dismissed with charge dropped. If one of the two was dismissed/charge dropped then he might consider flat out pleading guilty to the other in advance of the Natz interview, if he can bring to the Natz interveiw a certified copy of the police report and a certified copy of the court docket saying that the case is closed (if the case is not winnable at trial, of course). If he has one conviction of possession of alcohol and this one case is closed and he has no other criminal record, it might be worth just getting him natzed as soon as possible, and going back, if he stays out of trouble, and getting that old conviction expunged. But, as always, I recommend you get a second opinion from another immigration attorney.
Answer Applies to: Washington
Reza Athari & Associates, PLLC | Reza Athari
He may not naturalize if he is under any probation of pending criminal charge. Two charges of possession of alcohol may be deemed as bad moral character and he may have to wait 5 years after the commission of the last crime. But if you or his mother became a USC before he turned 18 he may be a USC by operation of law. Please consult with an immigration attorney.
Answer Applies to: Nevada