Naturalization Granted for a Past Drug Offense — How It Was Possible (and When It Isn’t)
Our client—an LPR for over a decade—was approved for naturalization despite a single, minor drug offense from many years ago. This outcome is not typical for all drug cases. It succeeded because the facts fit a narrow, lawful path and the record showed rehabilitation and good moral character (GMC) within the statutory period.
What made approval viable
- Type of offense: A single conviction for simple possession of ≤30 grams of marijuana—not trafficking, distribution, or multiple offenses.
- Timing: The incident occurred well outside the 5-year GMC period (3 years if married to a U.S. citizen). USCIS can look beyond that window, but a long, clean record helps.
- No aggravated felony / no ongoing drug use: Any drug trafficking conviction (or many non-marijuana drug offenses) would likely be disqualifying and can trigger removal.
- Full rehabilitation evidence: Completion of court requirements, substance-use treatment, clean drug tests where applicable, steady employment, tax compliance, community service, and credible references.
- Complete, consistent disclosures: We filed certified court dispositions, arrest records, and a candid declaration. Any omission or false testimony can independently destroy GMC.
Our strategy
- Legal framing memo citing the GMC regulation (8 C.F.R. § 316.10) and distinguishing permanent bars (e.g., aggravated felonies after 11/29/1990) from discretionary analysis of an old, minor offense.
- Risk audit for deportability grounds before filing. Where records were ambiguous, we obtained clarified minute orders to confirm the marijuana-amount threshold.
- Equities package: Employer letters, tax transcripts, volunteer proof, and a treatment summary showing sustained sobriety.
- Interview prep: Honest, succinct answers about the incident, accountability, and rehabilitation. No minimizing; no excuses.
When approval is unlikely
- Trafficking, sale, or multiple controlled-substance convictions;
- Recent offenses within the GMC period;
- Any lying under oath during the N-400 process.
Bottom line: Some applicants with a single, old, minor marijuana offense can still naturalize—if the record is airtight, the law is on point, and rehabilitation is well-documented. Every drug case is high-stakes; get a thorough pre-filing analysis before submitting an N-400.
