Applying n400 with past felony conviction

[jvp]

I am a LPR through marriage since 2011
(LPR card valid untill 2023). Been in the us since 2009, divorse 2017. I made a past wrong decision in my life that happened **2015 convicted possession of **** 2lbs. lower class felony. I Went to jail for it Year 2017- for 178 days (less than 6mos) county jail. I Did finished early probation 2018.
Please advise if I am be able to apply for citizenship since my first ever arrest 2015, and been almost more than 5 years soon or do I wait till 2023 to apply for citizenship?
I turned my life around since then, I now own my small business since 2018. Paying taxes, helping my community. And Happily Got married this year. Thank you in advance.

[Tezza]

You could have issues regarding the moral character requirement. But they also do take in to account time since it happened and your present moral character. I don't think your situation is a permanent bar to citizenship, unless there is something involving drug trafficking considering the amount you were convicted for. I'd consult with an attorney as I suggest to people anytime there is a complication, especially a crime and prison time involved.

[Angelo Hsing]

Hey dude
first, you must end of any covictions and probation term then after 5yrs could apply N400
meaning u must since the end of your probation date began.
but you had a felony conviction will definitely deny your application ,

u could apply conviction sit aside / expungement on the court or something like that
the best way you could find a lawyer made your felony conviction downgrade to misdemeanor first.
only after that u eligibility to apply N400,
other that all equal waste your money, the application fee over 1000 dollars in next few weeks.
but unfuturtely you charge is **** .......,that type misdemeanor conviction also denial apply N400 on your moral character.

my suggest let the church or community or police department or fire department provides some certifications or proofs you are a good guy for sure and u r rehabilitation already
and plus your lawyer works(downgrade your conviction and expungement and rehabilitation and waives)

time is important !
2018 +5 =2023

good luck,man!

[mickey_mouse]

Ok, so - starting from the beginning, a lot of people here have *absolutely no clue what they're talking about*. None. And they give "advice" based on their ignorance. So, careful here.

Second - I am not a lawyer. I'm just a regular guy who has gone through the whole process - from coming to the US w/ a work visa, to becoming a permanent resident, to becoming a citizen. So I learned about the whole process as I went through it.

And I hope I can provide you with evidence of anything I write here - not pulling it out of my a*s like other people seem to be doing here.

Now, from what I understand (and anything I write down will be based on the following):

a) you married a USC and applied for AOS
b) you got your green card in 2011. Here I am confused - green through marriage are valid for (if I remember right) three years (conditional), then you can apply for removal of conditions. I assume you did so - hence in 2014 you got a new green card. Which should be valid until 2024 - but you say 2023. Ok, whatever.

At this point, you could have applied in 2014 for naturalization, based on three-year marriage to an USC. Sucks you didn't.

And now I get more confused - so in 2014 or 2015 you were found with 2lbs of pot. Let me tell you - that is not personal use. What I don't understand is how you were found GUILTY in 2015 ("lower class felony") but you went to jail for it in 2017 - two years between conviction and going to jail ? This is confusing - was your crime committed in 2015, or in 2017 ?

So you went to prison for six months, and also got probation - if you get probation, you don't go to prison. If you went to prison for six months, then you got PAROLED - then you got probation. This is, as I said, confusing. In any case, you were doing w/ it by 2018.

Now you are applying in 2020 - and I assume you're applying under "five year rule" (five or more years of being a resident). And here let me digress - I am surprised you weren't deported after you came out of prison. But lucky you, I guess.

Now everything you say about "turned my life around, have a small business" - that's all fine. But let's look at what the USCIS adjudicator manual says.

* you have to show GMC (Good Moral Character) during the "Statutory Period". This is a period of time which depends under which rule you're applying - assuming here you're applying under 5-year rule, that is your statutory period - FIVE YEARS COUNTING BACK FROM THE DAY YOU APPLY. So if you apply on Dec 1st, 2020 - which in your case means Dec 1st, 2015.

During this period of time you have to show GMC. But it is not only during this period - the adjudicator (the USCIS person) is allowed, and can use all information he has, to decide on your case. It might go 10 years. Or 20 years. And the fact is - you will have to declare your previous conviction, and it WILL be considered.

So I would tell you - forget about the "statutory period". In your case, if you were to apply in 2040, the statutory period would be 2035-2040. But because, again, you have to declare your felony conviction - IT WOULD COME UP EVEN IF YOU WERE TO APPLY IN 2040.

All of the above (what your statutory period is, and also that the USCIS can look farther in time) - all of that is at https://www.uscis.gov/policy-manual/...rt-f-chapter-2

Now - good news. Your drug conviction is NOT a permanent bar to naturalization. If it was a PERMANENT BAR - you could wait 20, 40, 100 years - you would never be naturalized. What you have is a "Conditional Bar" - see https://www.uscis.gov/policy-manual/...rt-f-chapter-5

Please note that the "conditional bar", once again, refers to actions during the statutory period. So if your conviction is five years or more in the past - does NOT enter into the statutory period. But as I said before, it CAN and most likely WILL be considered. See https://www.uscis.gov/policy-manual/...rt-f-chapter-5

Now on the same page you will find the following:

"
D. Imprisonment for 180 Days or More

An applicant cannot establish GMC if he or she is or was imprisoned for an aggregate period of 180 days or more during the statutory period based on a conviction.^[30] This bar to GMC does not apply if the conviction resulted only in a sentence to a period of probation with no sentence of incarceration for 180 days or more. This bar applies regardless of the reason for the conviction. For example, this bar still applies if the term of imprisonment results from a violation of probation rather than from the original sentence.^[31]

The commission of the offense resulting in conviction and confinement does not need to have occurred during the statutory period for this bar to apply. Only the confinement needs to be within the statutory period for the applicant to be precluded from establishing GMC.
"

If you see above the underlined - they consider the CONFINEMENT during the statutory period, NOT the conviction. So your conviction from 2015 might be beyond the statutory period - but the confinement would NOT.

So whoever gave you 178 days took pity on you, and gave you a gift. If you ever ran into that judge again - you should probably get on your knees and thank him or her PROFUSELY. You're saved from the above for a mere two days.

So, bottom line - because you didn't get 180 days or more, the above wouldn't apply. Because you have not (I hope) committed any more crimes since that one, you COULD theoretically be OK. But in the current political and anti-immigration climate, a felon incarcerated for (I assume here) "possession with intent to sell" would probably find hard not to be found lacking Good Moral Character.

You do you - my recommendation would be to wait a bit longer. How much longer ? If Trump loses, I would say a year more, to be safe. If Trump wins, I would count five years since you finished probation (this is an arbitrary period of time to wait), and then apply. Which I think it would mean 2023 or whereabouts.

In any case - I know lawyers are not cheap. I am however pretty sure you CAN find someone to help you pro-bono - check https://www.aila.org/practice/pro-bono, ask around. And if not - a reasonable good immigration lawyer will probably give you a short consultations for free, and may charge you for an hour of work (300 dollars more or less) just to answer the question "should I apply now, or wait longer". Remember he or she won't be helping you fill or submit the paperwork - just answering questions about when you should apply, and how to prepare for when asked about your conviction.

These is one of those cases on which the longer you wait, the more in the past you put the problem, the better off you'll be. Keep your nose clean. Pay taxes. Go to church. Volunteer.

You're not completely f**ed - you're just a bit fu***ed.

[ember]

Conditional GC is for 2 years, not 3. But I agree with the other responses suggesting a lawyer.

Drug charges are serious, and convictions are even more serious (even *********).

Best practice is to retain an immigration lawyer with experience handling complicated naturalization cases. Keep in mind that if your conviction is considered an aggravated felony (this is an immigration term, not a criminal law term so don't rely on your criminal paperwork to tell you this), you may not want to apply at all (permanent bar to GMC).

I don't say this to freak you out or to suggest that your charge is that serious - I have no idea - but just to suggest that you speak to a lawyer who can work through that and make sure that it's OK (and I would expect more than an hour of work.....).

Also, expunging your record does not "cure" your conviction for immigration purposes. You should probably look into that because it can impact your future/job prospects but don't expect it to help your naturalization.

Regardless, as the others have noted, you will most likely want to wait until 5+ years have passed from the date your cases is completely closed (probation/parole ended). This will get you out of the statutory period and give you time to gather evidence of your GMC. Do some community service, join a church, whatever.

Good luck.

**Not legal advice - you should talk to a lawyer about this**

[jvp]

Thank you everyone who put time to share and helpful guides on my journey! I really appreciate you all!
@mickeymouse: I was J1 2009, got married then adjusted /become LPR 2011. Got a ten year gc so expired by 2023. The arrest for the incident was 2015, that was a long court hearings took 1year then finally got sentenced for it by early 2017, sentence is a jail time 174ish days and got released in county jail. Not prison. I had post release probation after jail. The post release probation was finished early than expected which is by August 2018. i have been busy helping out my community and volunteering during the covid times and till present. Yes I do regularly go to online church . I am very active in church since I was a kid. I Just hang out with the wrong crowd before. And ultimately regretted all those worst times in life.

I absolutely agree with everyone to wait a little more longer to apply, and yes I have been consulting with probably 5 Immig attorneys, regarding my case.

thanks for shedding light on my end. May the higher power Bless you all

[jvp]

Also the conviction is “possession of **** more than a lb “ ( which I have 2lbs). NOThing says intent to sell /distribute on my conviction. It is Felony lower class in a state- that is still criminalize medical /recreational marjuna.

[Lina123]

Ok, so - starting from the beginning, a lot of people here have *absolutely no clue what they're talking about*. None. And they give "advice" based on their ignorance. So, careful here.

Second - I am not a lawyer. I'm just a regular guy who has gone through the whole process - from coming to the US w/ a work visa, to becoming a permanent resident, to becoming a citizen. So I learned about the whole process as I went through it.

And I hope I can provide you with evidence of anything I write here - not pulling it out of my a*s like other people seem to be doing here.

Now, from what I understand (and anything I write down will be based on the following):

a) you married a USC and applied for AOS
b) you got your green card in 2011. Here I am confused - green through marriage are valid for (if I remember right) three years (conditional), then you can apply for removal of conditions. I assume you did so - hence in 2014 you got a new green card. Which should be valid until 2024 - but you say 2023. Ok, whatever.

At this point, you could have applied in 2014 for naturalization, based on three-year marriage to an USC. Sucks you didn't.

And now I get more confused - so in 2014 or 2015 you were found with 2lbs of pot. Let me tell you - that is not personal use. What I don't understand is how you were found GUILTY in 2015 ("lower class felony") but you went to jail for it in 2017 - two years between conviction and going to jail ? This is confusing - was your crime committed in 2015, or in 2017 ?

So you went to prison for six months, and also got probation - if you get probation, you don't go to prison. If you went to prison for six months, then you got PAROLED - then you got probation. This is, as I said, confusing. In any case, you were doing w/ it by 2018.

Now you are applying in 2020 - and I assume you're applying under "five year rule" (five or more years of being a resident). And here let me digress - I am surprised you weren't deported after you came out of prison. But lucky you, I guess.

Now everything you say about "turned my life around, have a small business" - that's all fine. But let's look at what the USCIS adjudicator manual says.

* you have to show GMC (Good Moral Character) during the "Statutory Period". This is a period of time which depends under which rule you're applying - assuming here you're applying under 5-year rule, that is your statutory period - FIVE YEARS COUNTING BACK FROM THE DAY YOU APPLY. So if you apply on Dec 1st, 2020 - which in your case means Dec 1st, 2015.

During this period of time you have to show GMC. But it is not only during this period - the adjudicator (the USCIS person) is allowed, and can use all information he has, to decide on your case. It might go 10 years. Or 20 years. And the fact is - you will have to declare your previous conviction, and it WILL be considered.

So I would tell you - forget about the "statutory period". In your case, if you were to apply in 2040, the statutory period would be 2035-2040. But because, again, you have to declare your felony conviction - IT WOULD COME UP EVEN IF YOU WERE TO APPLY IN 2040.

All of the above (what your statutory period is, and also that the USCIS can look farther in time) -

Now - good news. Your drug conviction is NOT a permanent bar to naturalization. If it was a PERMANENT BAR - you could wait 20, 40, 100 years - you would never be naturalized. What you have is a "Conditional Bar" -
Please note that the "conditional bar", once again, refers to actions during the statutory period. So if your conviction is five years or more in the past - does NOT enter into the statutory period. But as I said before, it CAN and most likely WILL be considered.
Now on the same page you will find the following:

"
D. Imprisonment for 180 Days or More

An applicant cannot establish GMC if he or she is or was imprisoned for an aggregate period of 180 days or more during the statutory period based on a conviction.^[30] This bar to GMC does not apply if the conviction resulted only in a sentence to a period of probation with no sentence of incarceration for 180 days or more. This bar applies regardless of the reason for the conviction. For example, this bar still applies if the term of imprisonment results from a violation of probation rather than from the original sentence.^[31]

The commission of the offense resulting in conviction and confinement does not need to have occurred during the statutory period for this bar to apply. Only the confinement needs to be within the statutory period for the applicant to be precluded from establishing GMC.
"

If you see above the underlined - they consider the CONFINEMENT during the statutory period, NOT the conviction. So your conviction from 2015 might be beyond the statutory period - but the confinement would NOT.

So whoever gave you 178 days took pity on you, and gave you a gift. If you ever ran into that judge again - you should probably get on your knees and thank him or her PROFUSELY. You're saved from the above for a mere two days.

So, bottom line - because you didn't get 180 days or more, the above wouldn't apply. Because you have not (I hope) committed any more crimes since that one, you COULD theoretically be OK. But in the current political and anti-immigration climate, a felon incarcerated for (I assume here) "possession with intent to sell" would probably find hard not to be found lacking Good Moral Character.

You do you - my recommendation would be to wait a bit longer. How much longer ? If Trump loses, I would say a year more, to be safe. If Trump wins, I would count five years since you finished probation (this is an arbitrary period of time to wait), and then apply. Which I think it would mean 2023 or whereabouts.

In any case - I know lawyers are not cheap. I am however pretty sure you CAN find someone to help you pro-bono -, ask around. And if not - a reasonable good immigration lawyer will probably give you a short consultations for free, and may charge you for an hour of work (300 dollars more or less) just to answer the question "should I apply now, or wait longer". Remember he or she won't be helping you fill or submit the paperwork - just answering questions about when you should apply, and how to prepare for when asked about your conviction.

These is one of those cases on which the longer you wait, the more in the past you put the problem, the better off you'll be. Keep your nose clean. Pay taxes. Go to church. Volunteer.

1. Stop downgrading people for giving their advice.
2. stop talking like you know everything when you clearly don’t.
3. conditional GC is given for 2 years, not 3. So his card expires in 2023, when it’s supposed to expire.
4. Statutory period IS 5 years. He has to show good moral character for those 5 years. However, past felonies, arrests, and so forth are always considered. Affidavits of support from community would be helpful.
5. the whole nonsense about 180 days in jail is meaningless since he was in jail for 172 days.
6. They don’t usually deport people with gc for crimes like these. It’s a very hard uphill battle no one wants to fight.

My advice - wait those 5 years after the last day of your probation and apply for citizenship. If I were you, I’d get a lawyer to come with you to the interview. Just to be safe good luck