Sunnyvale, CA asked in Immigration Law for California

Q: Good morning, I was convicted of a drug trafficking in 1992. I served 8 months in jail. I currently have a 2-12C wavier.

I would like to know if it is possible to apply for US citizenship ?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Good morning,

Under U.S. immigration regulations, having a criminal record, particularly for an offense like drug trafficking, can significantly impact your eligibility for U.S. citizenship. A conviction for drug trafficking is often considered an aggravated felony, which is a category of crimes that can lead to deportation and bar you from becoming a U.S. citizen.

However, the fact that you mentioned having a "2-12C waiver" suggests you may have received some form of legal relief or pardon. If this waiver was granted for immigration purposes, it might mitigate the impact of your conviction on your citizenship application.

It's important to understand that U.S. Citizenship and Immigration Services (USCIS) reviews each application on a case-by-case basis. They consider various factors, including the nature of your conviction, the length of your residency in the U.S., your conduct since the conviction, and your overall moral character.

Given the complexities of immigration law and the serious consequences of a drug trafficking conviction, it's advisable to consult with an immigration attorney. An attorney can provide personalized guidance, evaluate how your specific circumstances might affect your eligibility, and help you navigate the application process if you decide to pursue citizenship.

Remember, applying for citizenship with a criminal record carries risks, including the possibility of drawing attention to your past conviction and potentially facing deportation if your application is denied. Proceed with caution and seek professional legal advice to make an informed decision.

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