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 ?
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.
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.
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