Pompano Beach, FL Immigration Law Firms & Lawyers

Drug offenses are deportable offenses.  There is an exception for convictions involving possession only of small amounts of marijuana.  You shouldn't apply for citizenship until the offense is at least five years old, and even then, you should hire an attorney to engage in a thorough analysis of the issue for you.

The answer really is it depends. If you try that you may get approved but USCIS may require an interview and grill mom as to what her true intent was. Did she intend to visit but then changed her mind? Why did she change her mind? Did she buy a one way plane ticket? How many bags did she pack? All these questions will be relevant to determine whether she had concealed intent when she entered the states. Discuss case with counsel here in Florida for a full review of the facts. 

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.