My citizen application was rejected because of having violated my probation terms between October 2006 and sentenced in October 2007 for possession of marijuana under 50 grams within a school zone . However , on November 15 , 2010 was charged with DUI . So , my application was rejected on grounds of not having established moral character . Is it it too early to early to apply for a hearing under N - 336 ?
N-336 is an appeal form, you can use it if your N-400 application was denied in the last 30 days
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Great question. Not enough answers, though. I'd have to see the decision to decide whether or not it's worth your time or money to appeal the denial. The positives of appealing it is the reviewing officer may view it differently, and in addition we could add positive proof of your good moral character to try to balance out the DUI.
On the other hand, there may be wisdom in waiting. I am concerned about the marijuana issue and I think at a minimum you need to sit with a good immigration lawyer to discuss whether or not you want to be traveling outside the USA ( NOT advisable ). You also have to decide if it's worth it to pay about the same amount of money for an N-336 that you'd pay for a whole new naturalization application.
Bottom line: you need to see a good attorney and go over your naturalization and your contact with the criminal justice system. Your biggest problem may not be the lack of naturalization.
(610) 664-6271. John Vandenberg focuses his practice solely on immigration law. You can keep up to date on immigration law by liking the firm on Facebook at www.facebook.com/hvlawgroup. His response to your question is general in nature, as not all the facts are known to him, and does not constitute legal advice. Retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case, since that protects both you and the attorney. Mr. Vandenberg's statement above does not create an attorney/client relationship.
Depending on your marital situation, you needed to demonstrate good moral character during the past 3, or 5, years. Clearly a November 2010 conviction for DUI 'broke' your record.
As for your marijuana conviction and probation violation, even if they were more than 3/5 years ago, CIS can look at them.
You really need to meet with an attorney before you file any more papers.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
It seems you do not have five years good moral character and in fact you are lucky you were not put in removal proceedings. Wait until five years from your most recent arrest.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.