Marijuana does not carry the stigma it used to. With states like Colorado and Washington legalizing marijuana in many different forms, and states like Illinois decriminalizing marijuana, people found in simple possession are no longer considered criminals. In fact, people across the country are even beginning to work in the marijuana industry and place their money in marijuana stocks. However, those applying for citizenship must understand the negative impact any activity related to marijuana can have on their application.
The United States Citizenship and Immigration Services (USCIS) has many regulations for granting citizenship and helping immigrants with naturalization. One of these requirements pertains to good moral character. Citizen applicants must show that they have good moral character before they are granted citizenship.
For someone to have good moral character means that they will act within the expectations of a law-abiding society and that they will contribute to that society. Generally, the law identifies those with good moral character as honest and respectable people who follow state and federal law.
When it comes to marijuana, the good moral character requirement is a real problem for many applying for citizenship. This is true regardless of the status of marijuana in the state the applicant lives.
Although it is true that many states are legalizing marijuana for both medical and recreational purposes, it remains an illegal substance under federal law. It is considered a Schedule I drug under The Controlled Substances Act (CSA) and thus, is not considered to have any medical use.
Possessing, manufacturing, producing, distributing, or dispensing marijuana are all considered federal offenses. The USCIS will not consider anyone who breaks federal law to have good moral character. Committing an offense pertaining to marijuana under federal law can bar someone from being granted citizenship.
It is important to understand that the law does not require a criminal conviction in order to bar someone citizenship based on marijuana offenses. In some instances, citizenship is barred when a person admits to a marijuana offense. Anyone who benefits financially from a spouse’s or parent’s trafficking of marijuana could also be barred from citizenship. This holds true even if the spouse or child did not personally participate in the act of trafficking.
Applying for citizenship is an extremely exciting time. As a citizen, you will enjoy the same protection and rights as all other American citizens. However, this is not a process you should go through alone. An Illinois immigration attorney can give you the best chance of success with your application.
If you are applying for citizenship to the United States, call Kriezelman, Burton, & Associates at (312) 332-2550. We know how exciting this time is, and we want to help ensure the celebration continues. Call us today or fill out our online form if you have questions about your immigration status, or need help with your eligibility for naturalization. One of our attorneys will discuss your case with you in complete confidentiality, and advise on the next steps to take on your way to becoming an American citizen.
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Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
I decided to use the services of Kriezelman Burton & Associates, LLC, and Kevin was nothing short of professional and amazing. From the consultation to the final approval, he gave us confidence and reassurance throughout the entire process. When I first told him about my wife’s wish to change her status, the first thing he said was, “We will get it done.” Even during the USCIS pause, he continued to…
Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
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