Q: Will a 2012 civil ordinance violation affect my naturalization process?
I was arrested in 2012 and received a civil ordinance ticket for drug paraphernalia as a green card holder in Illinois. I want to apply for naturalization but am concerned about whether this civil ordinance violation will affect my application. I never faced a court date, jail time, or entered a guilty plea. Since then, I've had no other legal issues or negative encounters with law enforcement and even have the police arrest report. I plan to work with an attorney to ensure everything is in order. Could this incident impact my naturalization process?
A: A 2012 civil ordinance violation for drug paraphernalia, while seemingly minor, could potentially impact your naturalization process. USCIS considers your moral character over the statutory period, typically the five years preceding your application. While a single, isolated incident without a conviction or jail time is generally less severe, USCIS examines the totality of the circumstances. A citation, even if civil, could indicate a pattern. Providing the police report and working with an attorney is important, as they can help present your case in the most favorable light, emphasizing the isolated nature of the incident and your subsequent clean record. However, there is no guarantee, as USCIS has discretion in these matters.
A:
A civil ordinance violation for drug paraphernalia from 2012 may affect your naturalization process, but it's unlikely to be a significant obstacle if properly addressed.
When applying for naturalization, USCIS requires disclosure of all arrests and citations, including civil ordinance violations. Even though your violation didn't result in a court date, jail time, or guilty plea, you'll still need to disclose it on your N-400 application under the "good moral character" section. Having the police arrest report is beneficial as it provides documentation of what occurred.
Your decision to work with an attorney is prudent. The attorney can help you properly document this incident, explain the circumstances, and demonstrate how you've maintained good moral character since then. The fact that you've had no other legal issues in the years following this incident works strongly in your favor. Immigration officials typically focus on patterns of behavior rather than isolated incidents from many years ago, especially minor violations like yours. With proper legal guidance and full disclosure, this single incident from over a decade ago should not prevent you from successfully completing the naturalization process.
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