Q: Does a drug trafficking charge disqualify you for citizenship if you plea bargained to a lesser possession charge?
The USCIS deems that a conviction of drug trafficking is a permanent bar to good moral character. While my husband was arrested for drug trafficking 21 years ago, he wasn't "convicted." Rather, he plea bargained and plead down to a possession charge. He served less than a year in a jail (not prison.) He has had a clean record since. Is he barred from citizenship?
A: It depends on the type of drug and how much of it he had. He really needs to consult with an immigration attorney before he moves ahead with this.
A: I agree with my colleague Hector E. Quiroga. Your husband should certainly consult with an experienced immigration attorney who can evaluate his case. Your husband should bring with him to the consultation certified copies of his criminal records, not only for the case about which you wrote, but also any other case. The most important documents for each criminal case include the police arrest report, the charging document, the plea agreement (if applicable), the final judgement and sentence (if applicable) and proof of completion of sentence. If your husband participated in any sort of pre-trial intervention (PTI) or diversion program for any past criminal case, a copy of the PTI / diversion agreement and dismissal document would also be helpful to see. Note also that even if your husband's conviction is not for an offense that is a permanent bar to naturalization, it still may be a deportable offense. Sometimes USCIS will hold a naturalization case in abeyance and place one in removal proceedings because of a past criminal conviction - even one that falls outside of the statutory period for which one must show good moral character in a naturalization case.
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