Worried about naturalization

[QueenOfBlades 224]

So I have a few things I’m worried about with my naturalization. Please note that I have several mental health disorders and disabilities so chronic anxiety is difficult for me.

 

I had my ROC interview in May 2017 with my ex husband. I was dating another woman at the same time that the husband was aware of and consented to. Our relationship was polyamorous. This wasn’t disclosed at the interview because it never came up and it wasn’t the case when we originally filed our paperwork. We weren’t separated at the time. We all moved in together and we decided to divorce in December 2017 which was finalized around July 2018. I married the other woman (also US citizen FWIW) in Jan 2019. I plan to file under the 5 year rule. My ex and I are still best friends and he’d be willing to interview with me to verify this if needed. The marriage ended for several reasons, not just because of the other relationship.

 

 

Also, my current wife has chronic pain and so I’ve bought her marijuana which helps ease her pain. I only realized recently that this can cause problems with citizenship. I’m in WA so it’s legal here but I’m aware it’s still not federally. I just wish I’d have known. I don’t know what to do about this and it’s freaking me out. 

Edited August 23, 2019 by QueenOfBlades

[Loren Y 2,755]

I will double check for you on my next delivery to one of the dispensaries here in Las Vegas, NV where it is legal for recreational use also, but they just keep your ID info for their records. I am pretty sure they are not reporting who buys to anyone, they do it just in case they are questioned about selling to someone underage. I don't think you have anything to worry about as their records are pretty well sealed, and I don;t see them sharing them with anyone, so USCIS or the federal government will have no way of knowing you have ever bought any. So no worries. Or just ask yourself the next time you visit what they do with your information.

Edited August 23, 2019 by Loren Y

[QueenOfBlades 224]

Also just to add, her eyesight is bad so she can’t drive safely to pick up her own medicine. If I didn’t get the marijuana I would be leaving her in pain with no remedy. 

[Lucky2Lucky 2,526]

Have you used marijuana?  As you now know it’s illegal on the federal level. That’s where I would be more concerned but hopefully others can offer advice. 

8 minutes ago, QueenOfBlades said:

Also just to add, her eyesight is bad so she can’t drive safely to pick up her own medicine. If I didn’t get the marijuana I would be leaving her in pain with no remedy. 

Personally I wouldn’t carry it on you. It’s advised for non-citizens to never have it on yourself. Not to sound mean but the government wouldn’t care that she can’t pick up her own.

 

https://qz.com/1600262/immigrants-are-being-denied-us-citizenship-for-smoking-legal-pot/

[Crazy Cat 41,851]

11 minutes ago, QueenOfBlades said:

Also just to add, her eyesight is bad so she can’t drive safely to pick up her own medicine. If I didn’t get the marijuana I would be leaving her in pain with no remedy. 

Uber, Lyft, Taxi.........

[QueenOfBlades 224]

4 minutes ago, missileman said:

Uber, Lyft, Taxi.........

I didn’t realize even purchasing it could cause immigration issues until I saw an article about it recently. I would have recommended those options had I known about them at the time. 

[geowrian 22,337]

From the N-400, the 2 most relevant questions here are:

 

Quote

Have you EVER committed,assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested

and

Quote

Have you ever...

Sold or smuggled controlled substances, illegal drugs, or narcotics?

 

For #1, the honest answer is yes given that it is not legal at the federal level.

For #2, I would be inclined to say No, barring other details suggesting otherwise.

[QueenOfBlades 224]

5 minutes ago, geowrian said:

From the N-400, the 2 most relevant questions here are:

 

and

 

For #1, the honest answer is yes given that it is not legal at the federal level.

For #2, I would be inclined to say No, barring other details suggesting otherwise.

But it’s not a crime to purchase it here. I’m aware it’s not at a federal level but it’s still legal to purchase it in the state of Washington. I haven’t committed any crimes and would never dream of breaking federal law. 

[geowrian 22,337]

2 minutes ago, QueenOfBlades said:

But it’s not a crime to purchase it here. I’m aware it’s not at a federal level but it’s still legal to purchase it in the state of Washington. I haven’t committed any crimes and would never dream of breaking federal law. 

Here is the stance of USCIS: https://www.uscis.gov/news/alerts/uscis-issues-policy-guidance-clarifying-how-federal-controlled-substances-law-applies-naturalization-determinations

[QueenOfBlades 224]

I guess I should consult with an immigration attorney. I can’t stop sobbing and I only wanted to help my wife with her pain. I had no idea. 

[Ash.1101 1,756]

53 minutes ago, QueenOfBlades said:

I guess I should consult with an immigration attorney. I can’t stop sobbing and I only wanted to help my wife with her pain. I had no idea. 

Does your wife have a prescription or are you just buying it because you know it helps? I would heavily recommend ya'll trying to get on a more legal drug, as again, yes it's legal in your state but illegally federally which means for you in particular, it's illegal to even touch it.

I would go to the doctor and see what non-marijuana options there are for her pain.

It's one piece of advice that a lot of people don't understand is that if you are an immigrant, you should avoid EVERYTHING related to marijuana without question.

[xyz12345 260]

food for thought:

https://www.shautsova.com/law-publications/state-marijuana-related-arrest-citizenship-problem.html

In the manual, it states that the prohibition on GMC will be relevant for the statutory period, which is 5 years in most cases. What actions should be excluded from the ones that would render an applicant lacking GMC? In the author’s view: all dismissed charges; all adjudications of charges without actual punishment; and, of course, per manual, single possession of 30g or less of marijuana. Working in the industry that deals with medical marijuana should also not fall under the umbrella of “illegal” activities. However, it seems this issue will be subject to litigation if USCIS accepts the position that state-legalized work is “illegal” under the Federal laws. After all, one can foresee that those state workers will be subject to Federal labor laws and regulations, and their activities will be taxed and as such should be considered “legal” under the Federal laws as well.

 

 

 

The thing is that you committed a crime for which you were not arrested. YES, you have to disclose that in your N-400 and during the interview because he will ask you again about it. Good news though (in my opinion, I might be wrong) is that you were not arrested/charged/convicted. Based on the article, it seems that it would be better to have the federal statute of limitations (5 years after incident) lapse before you apply for citizenship.... Unless a trusted immigration lawyer tells you that your actions are exempted from the GMC criteria.

 

Edited August 24, 2019 by xyz12345

[SalishSea 17,829]

2 hours ago, Ash. said:

Does your wife have a prescription or are you just buying it because you know it helps?

No prescriptions here in Washington.  MMJ became all recreational.

[Ash.1101 1,756]

23 minutes ago, Jorgedig said:

No prescriptions here in Washington.  MMJ became all recreational.

Ahh okay. 

 

[cd37 229]

4 hours ago, QueenOfBlades said:

But it’s not a crime to purchase it here. I’m aware it’s not at a federal level but it’s still legal to purchase it in the state of Washington. I haven’t committed any crimes and would never dream of breaking federal law. 

USCIS follows federal laws not WA laws. I always wonder that states who made this thing legal are unknowingly creating issues with immigrants.