Legal Question in Immigration Law in Maryland

Citizenship

I applied for my citizenship based on marriage to an US citizen. I was arrested in 2001 for possession. I pled guilty got probation and after probation, the case was DISMISSED and CONVICTION set aside. I got my ''green card'' in 2004, AFTER the case was dismissed.

I went for the interview and passed the test. I was told to submit additional documentation which i did. They have requested the same document about the possession case THREE times. I am now waiting.

My concern is this, am i deportable? Even though the case was dismissed and it was before i received my permanet residency?

What route should i now take? I can live with the denial, but deportation is unbearable. What should i do?

thank you


Asked on 5/20/08, 12:15 pm

1 Answer from Attorneys
Thomas Brown Law Office of Thomas K. Brown, LLC

Re: Citizenship

The term "conviction" has a very different meaning in the context of immigration law and is far more expansive than one would ordinarily think. A probation before judgment, for example, is still a "conviction" for immigration purposes.

Most controlled substances violations do render an alien deportable under section 237(a)(2)(B) of the Immigration and Nationality Act. There are exceptions for certain marijuana convictions (single possession for one's own use of 30mg or less). This may or may not apply in your case. Take a look at the court records to see exactly what crime you ultimately pleaded guilty to.

As for what to do, the cat's out of the bag, so to speak. Did USCIS know of the 2001 possession case while processing your green card application? If they did, I'd argue that they waived their right to complain about it by granting your permanent residency. It's hard to say whether an Immigration Court would buy such an argument, but it would certainly be worth a shot should you wind up in removal proceedings.

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Answered on 5/20/08, 1:17 pm


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