Naturalization deny & petition

[kiteman 0]

okay..i need help..i applied for naturalization..after several months of the process..i just got mail today saying that my application for naturalization has been denied because i have a drug/marijuana on my criminal record..yes i do have a record of possession of marijuana less than 1 oz..that was my first crime and the only crime i have on my record..now they telling me that i can petition it..like where would i get the money to hire an immigration lawyer..i thought having such simple crime won't be a big issue..i need some idea..i can't afford an immigration lawyer because i am a student and don't make enough money to hire one..i am worried about student loan not some lawyer.

[aaron2020 11,651]

At this point, you need a lawyer.

You'll have to decide if US citizenship is important enough for you to sacrifice and hire a lawyer.

[Ontarkie 14,193]

Moved from K-1 forum to US Citizenship General Discussion as this is not a K-1 topic.

[VanessaTony 3,567]

I believe you need to wait a certain length of time before you can apply again. But as stated, you probably should speak to an immigration attorney.

[dandk 72]

okay..i need help..i applied for naturalization..after several months of the process..i just got mail today saying that my application for naturalization has been denied because i have a drug/marijuana on my criminal record..yes i do have a record of possession of marijuana less than 1 oz..that was my first crime and the only crime i have on my record..now they telling me that i can petition it..like where would i get the money to hire an immigration lawyer..i thought having such simple crime won't be a big issue..i need some idea..i can't afford an immigration lawyer because i am a student and don't make enough money to hire one..i am worried about student loan not some lawyer.

Basically you were denied for Crime Involving Moral Turpitude (CIMT) of controlled substance violations. How long ago was the conviction? You can file for naturalization after 5 years of the date of your conviction. You should consult an immigration attorney whether or not you should refile it. There are some immigration attorneys that give free consultation.

[Que Saudade 284]

Sorry this has happened to you. While a lot of people would agree that it is not a "violent" or "big" crime, the problem is that it is a big deal to the US govt. It will definitely have to be addressed. This is a case where a "good" and "reputable" lawyer is advisable. If you decide to get one, please check their references.

Best of luck to you.

[kiteman 0]

Basically you were denied for Crime Involving Moral Turpitude (CIMT) of controlled substance violations. How long ago was the conviction? You can file for naturalization after 5 years of the date of your conviction. You should consult an immigration attorney whether or not you should refile it. There are some immigration attorneys that give free consultation.

i was convicted in 2009..

[Mogambi 96]

So wait, your conviction didn't pose any problems when getting the K1 or CR1 visa (whatever you got)? Wouldn't it have caused a problem then too?

[ceadsearc 516]

He probably got it after he became a PR.

[kiteman 0]

So wait, your conviction didn't pose any problems when getting the K1 or CR1 visa (whatever you got)? Wouldn't it have caused a problem then too?

i don't know what is the K1 or CR1..i got convicted after i became a permanent resident

[Que Saudade 284]

i don't know what is the K1 or CR1..i got convicted after i became a permanent resident

That person was wondering if you entered on a K1 or CR1 visa. Doesn't matter, the violation happened after you became a PR which is what ceadsearc stated.

[ceadsearc 516]

i don't know what is the K1 or CR1..i got convicted after i became a permanent resident

A K-1 is a fiance visa and a CR-1 is a spousal visa - the reason the other poster asked is because if you had been convicted prior to coming here, your conviction would have already come up with USCIS and you already would have needed a waiver or been denied. But, since your conviction happened after the fact, this is not the case. I know there is a waiver when it comes to having one marijuana conviction of less than a certain amount for a green card, I am not sure about for citizenship. I suggest you consult a lawyer.

[Bryan and Isabel 29]

if you are in the east coast ny/nj/ct area I can highly recommend one.

GOOD LUCK

[girlish_51 0]

Better talk to an immigration lawyer but asthe other poster said,if it is not that important for you to become a citizen wait 5 years from the date of conviction. Do you think hiring a lawyer versus applying later is worth the money...if yes then go and find a good immigration lawyer.

[HeatDeath 430]

Don't feel constrained to only use an immigration lawyer if they're located close to you. Immigration law is federal - it's the same in all 50 states. You're better off using a really good lawyer from another state than an only-ok lawyer who just happens to be local to you.