Legal Question in Immigration Law in Iowa

Hi there, in the yea 2004 i was detained and charged of possession of drug paraphernalia, they found a used up pipe and a box of marijuana resents, i wasnt arrested but he gave me a ticket for the possession and a fine for 250some dollars. I went to the court and pled guilty because i admit i smoked some marijuana the night i got caught. The year 2008 i had my case expunged.

I just recently went for my naturalization interview and he asked what actually happened when i got caught. He made me pledge the oath to tell no lie. So then i told him everything. About the pipe and the box they found. I told him i did not know anything about the pipe and the box. It was probably my two friends who rode with me that night but i was not sure because a lot of pothead has been in my car and i never cleaned it. Then he told me that i pledge to not lie. I told him i smoked that night but not with the pipe and the box that they found in the car and i did not exactly told him i pledge guilty, he had all the documents that said i had pledge guilty so i assume he knew. After the test, i passed it. But the decision can not be maid until he has all the Original Documents that i have to mail.

Before i was scheduled for an interview i received a check list to make sure i bring all required documents. One of the Check list that i noticed was.

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If you have ever any arrest or conviction vacated, setting aside, sealing, expunged. or otherwise removed from your records, bring:

An Original Copy of the court order vacation. setting aside, sealing, expunging, or otherwise removing the arrest or conviction.

NOTE: Unless a traffic incident was alcohol or drug related or serous personal injury to another person occurred you do not need to submit documentation for traffic fines and incident that did not involve an actual arrest of the only penalty was a fine less than 500dollars and or points on your driver's license.

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Do you he will pass me after i mail him the original documents?

Thank you,

Ian


Asked on 5/20/10, 6:09 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

You must submit reuested documents whether your application will be approved or denied. You were supposed to bring certified court documents with you to the interview. Also, there are a questions in the N-400 form.

You need to consult an attorney immediately. Drug convictions are deportable offences (even for a permanent resident who applies for naturalization). Exception is a single offence of possession of 30 gr or less of marijuana.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 5/25/10, 10:45 am


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