Mason City, IA asked in Immigration Law for Iowa

Q: Can I apply for my citizenship right after I get off probation ? Charges marijuana first offense and theft 5th degree ?

I used my deferral judgment to get does charges off my background

Related Topics:
2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: As a general rule, individuals who have been convicted of a crime may not be eligible to apply for U.S. citizenship until a certain amount of time has passed after the conviction. The length of time can vary depending on the nature of the crime and other factors, such as whether the person has completed any sentence or probation.

For a first-time marijuana offense and a theft offense, it is possible that you may be eligible to apply for citizenship after a certain period of time has passed since the offenses occurred. However, it is important to consult with an experienced immigration attorney to determine your eligibility and any potential obstacles to your citizenship application.

It is also important to note that even if the charges have been removed from your criminal record through a deferral judgment, the USCIS may still consider the offenses when reviewing your citizenship application. It is therefore important to provide full and accurate information about your criminal history when applying for citizenship.

In any case, it is recommended that you speak with an experienced immigration attorney who can review the specifics of your situation and advise you on the best course of action. They can help you navigate the complex immigration laws and procedures, and help you understand your options for applying for U.S. citizenship.

Gunda Yohanna Brost
Gunda Yohanna Brost
  • Immigration Law Lawyer
  • Cedar Falls, IA

A: Unfortunately deferments do not count for immigration law. The officer conducting the naturalization interview would look at your moral character particularly in the 5 year period directly preceding your naturalization application. So, if you have any criminal history during that period, it will be heavily considered to determine whether you meet the good moral character requirement necessary to be able to naturalize. For best results, schedule a consultation with a reputable immigration attorney who can look over the details of your criminal history to determine how they would impact a potential naturalization application.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.