Would being charged with possession of marijuana affect my citizenship application? 4 Answers as of July 19, 2011I was charge with possession of marijuana in 2006, now.. it was my 1st and last case. I did not go to jail. I was placed on 6 months probation and after I completed the 6 months my case was put into CONDITIONAL DISCHARGE. I was in possession of UNDER 50 grams of marijuana. I'm sending my application to become a citizen. Do you think it my affect me cause i had under 50 grams of marijuana? I mean, they gave me conditional discharge, and I got all the paper work in my hand as proof just in case they ask for it. I was doing some research and i found some info that said that the max immigration accepts is 30 grams of marijuana, but I had under 50.
Oltarsh and Associates, PC | Jennifer Oltarsh
Thank you for your email. Any drug related case is extremely serious. You should not bring yourself to the USCIS attention without first speaking with an attorney. Hire one to review the certificate of disposition. I have been practicing for over 15 years. Our immigration law firm has been in the immigration field for more than 45 years.
Answer Applies to: New York
World Esquire Law Firm | Aime Katambwe
Your research is right: under 30 grams is usually forgivable under the right circumstances. You had over 30 grams though you keep saying under 50 grams as if it had any significance other than it was over 30 grams. Anyhow, your offense may fit under the petty offense exception so that it will not affect you. Especially if it was classified as a misdemeanor, as I suspect, and if your record is otherwise super clean. I would want you to get your criminal background report so you can see exactly what is in there. That, by the way should have been step one. You should be alright though. Good luck!
Answer Applies to: California
Eric M. Mark, Attorney at Law | Eric Mark
A conditional discharge should not be considered a conviction for immigration, but sometimes there are facts that confuse the situation. Also, they are not going to take your word for it that it was less than 50 grams of marinuana, which is the cutoff in NJ, but for immigration purposes the cutoff is 30 grams, and it applies to a different situation than an application for citizenship. You would be taking a big gamble by filing on your own based on your provided facts. I am not saying you are not eligible, but more information is necessary and this is a major point in your life. I highly recommend you consult with an immigration lawyer, at minimum, and hire one, at best. If you are overlooking something or file incorrectly your application could be denied, your permanent resident status could be in jeopardy of being revoked and you could wind up in removal proceedings. A lawyer will cost you some money, but to protect yourself and your future it is a wise investment.
Answer Applies to: New Jersey