Hillsboro Beach, FL Immigration Law Firms & Lawyers

If you are not a U.S. citizen, your child will be a citizen of whatever country you are from or he is born in. He will only be a U.S. citizen if he is born in the U.S.

For permanent residence, an applicant is not required to show good moral character although U.S.C.I.S. may deny an application based upon discretion where there are unfavorable factors. In your case, the question is whether U.S.C.I.S. will be able to use its discretion or whether you are barred from immigrating to the States by virtue of the marijuana offense. You say that you had a misdemeanor charge for marijuana and the first question is whether there was a conviction or guilty plea. If the charge was reduced or dismissed, or if the charge was possession of 30 g or less, you would not be barred. If there was a conviction or plea and the amount of marijuana was over 30 g, you would be deportable and would not be granted your permanent residence.  I note that U.S.C.I.S. requires you to bring a certified copy of the disposition with you to the interview.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

The regulation (not a law) that takes effect March 4 merely allows those who have accrued unlawful presence in the US to apply for a waiver of that ground of inadmissibility from within the US (prior to this, you had to leave the US and go to a US consulate abroad to apply for this waiver).