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[CHYME]

So now you understand why you're not being granted citizenship? Thread over? Right? Right?

Tool of the thread.

 

[PS360]

But see, when he was convicted, it was a misdemeanor.

Surely they can't change the conviction from misdemeanor to felony five years after the fact, can they?

Well as I posted earlier, apparently a conviction considered misdemeanor under state law can still be considered an "aggravated felony" by federal law although I'm not sure how that applies to me.

I just find it hilarious and disturbing that I'm on the level of someone who has taken another's life.

 

[teruterubozu]

Well, it's one of the following:

A. A bureaucratic mistake
B. Your misdemeanor was raised to a felony under federal law.
C. They think you're the next Behrooz.

 

[Blader]

Maybe next time...don't smoke weed? Crazy, I know.

 

[PS360]

Well, it's one of the following:


B. Your misdemeanor was raised to a felony under federal law.
.

Perhaps in the realm of immigration and naturalization but...possession of paraphanalia is not a felony...period.

I'm sure it'll all be cleared up when I attend the hearing.

Maybe next time...don't smoke weed? Crazy, I know.

Maybe next time, read the thread?

I wasn't smoking anything. I didn't have anything. I took a sobriety test and the whole bit. i was 100% sober.

 

[OxtheMidget]

After this thread my respect for GAF definitely decreased. Some people here are just plain ignorant.

 

[AltogetherAndrews]

The only time I've heard of this happening is when people have deliberately withheld information in previous interviews and/or investigations. These dudes don't take kindly to that.

 

[PS360]

The only time I've heard of this happening is when people have deliberately withheld information in previous interviews and/or investigations. These dudes don't take kindly to that.

Which would not be me since, not only did I bring all my paperwork to the citizenship interview (and give copies to the officer), but also sent everything directly to the US CIS at their request, via registered mail, for which I received the receipt (meaning, they obviously got it).

Guess I'll be a permanent resident a little longer...

 

[teruterubozu]

Perhaps in the realm of immigration and naturalization but...possession of paraphanalia is not a felony...period.

I'm sure it'll all be cleared up when I attend the hearing.



Maybe next time, read the thread?

I wasn't smoking anything. I didn't have anything. I took a sobriety test and the whole bit. i was 100% sober.

Relax. Here, I found this:

http://www.usdoj.gov/dea/pubs/csa/863.htm#a

According to federal law, it looks like there is no penalty for possession of paraphernalia (although there is for selling, importing and exporting).
Seems like you got screwed over with a clerical error of some sort.

 

[PS360]

Relax. Here, I found this:

http://www.usdoj.gov/dea/pubs/csa/863.htm#a

According to federal law, it looks like there is no penalty for possession of paraphernalia (although there is for selling, importing and exporting).
Seems like you got screwed over with a clerical error of some sort.

YES! That is the statute they reference in the letter!!!! Word by word!!!

I did not use the mails or facility of "interstate commerce" to transport it!

I was not importing or exporting it, nor was I selling it.

Hopefully you're right and this is as simple as a minor, clerical ****up.

 

[lexi]

The amount of xenophobia in this thread is staggering. The whole thing of weed and its possession/use is another argument and a can of worms upon itself. Needless to say that doesn't even need to be invoked here, the zealotry of a farcical 'war on drugs' obviously knows no bounds.

 

[Date of Lies]

I'm laughing at all you guys defending the system in this situation :lol

This is stupid, but hopefully it will be cleared up.

 

[Greenpanda]

Pssh! If you were smart, you should have just immigrated here illegally, and then McCain & Kennedy would be rolling out the red carpet for you!

It's a sad, sad day in US history when it's easier to obtain citizenship illegally than legally.

(Sarcasm aside, I'm really sorry to hear. The US immigration system is fucked up indeed.)

 

[glistenm]

YES! That is the statute they reference in the letter!!!! Word by word!!!

I did not use the mails or facility of "interstate commerce" to transport it!

I was not importing or exporting it, nor was I selling it.

Hopefully you're right and this is as simple as a minor, clerical ****up.

This is probably how this turned into an aggravated felony.

Tobacco pipe with weed residue = weed paraphernilia.

They highway you were on probably consititues "facility of interstate commerce".

You going from point a to point b = Trafficking.

Possesion of drug paraphernilia IS against the law.

What the law says

Under the Federal Drug Paraphernalia Statute, which is part of the Controlled Substances Act, it is illegal to possess, sell, transport, import, or export drug paraphernalia as defined. The law gives specific guidance on determining what constitutes drug paraphernalia. Many states have also enacted their own laws prohibiting drug paraphernalia.

http://www.usdoj.gov/dea/concern/paraphernaliafact.html


Just hope they judge you get during your appeal is having a good day and/or is lienient.

 

[Superman00]

The amount of xenophobia in this thread is staggering. The whole thing of weed and its possession/use is another argument and a can of worms upon itself. Needless to say that doesn't even need to be invoked here, the zealotry of a farcical 'war on drugs' obviously knows no bounds.

Yeah, I swear there is more hate towards immigrants, both legally and illegally. I can't stand it when people acts like assholes when people just trying to live somewhere. People can't choose who and where they were born, and sometimes they just trying to live a better life. It pisses me off with all the hate here. A lot of times they talking about weed like its all cool, now all the OP did was caught with a weed pipe and all of a sudden, weed is dangerous. Hypocrisy FTMFW.

 

[glistenm]

Yeah, I swear there is more hate towards immigrants, both legally and illegally. I can't stand it when people acts like assholes when people just trying to live somewhere. People can't choose who and where they were born, and sometimes they just trying to live a better life. It pisses me off with all the hate here. A lot of times they talking about weed like its all cool, now all the OP did was caught with a weed pipe and all of a sudden, weed is dangerous. Hypocrisy FTMFW.

Get out of here junior member!

What makes you think you have a right to be on this forum huh!?!?!

 

[Superman00]

Get out of here junior member!

What makes you think you have a right to be on this forum huh!?!?!

And you do because....... Great post will read again. :lol

 

[Vyse The Legend]

Dear American CIS,

Please deport this pothead, asap. Thanks.

Sincerely,
The Drug-Free NeoGAF Faction

 

[GaimeGuy]

Dear American CIS,

Please deport this pothead, asap. Thanks.

Sincerely,
The Drug-Free NeoGAF Faction

so says the pirate.

 

[tirant]

Why do you need US citizenship?

Don't you have your own country's citizenship?

 

[Verano]

A simple misdemeanor that happened over 5 years ago :lol

Sometimes I simply have to laugh at the utter incompetence of the US CIS (formerly the INS). These people are ****ing RETARDED.

Back in 2002 (I was 19) a friend of mine and I were going to the Delaware beaches to stay at a friend's house (5 million dollar beach house in Bethany Beach; elevator, 3 decks, movie theater...but I digress)....

...so anyway at one point I pull over to let him piss...and what do you know a curious State Trooper pulls up behind me and starts getting nosey. Long story short we were arrested for possession of paraphanalia (tiny, glass, weed pipe).

On my citizenship application, which was returned to me today, I am accused, by the US CIS, of being guilty of an "aggrevated felony" as defined by some statute they've referenced.

That's right kids. Having a small weed pipe is now an AGGREVATED FELONY...apparently :lol

I'm pissed. It's been such a hassle to travel and such with no passport and just my permanent resident card and now I have to go through a "hearing" so that I can go somewhere and yell at these ****heads and explain to them that possession of paraphanalia has never been an aggrevated felony, nor will it ever be one.

US CIS is surely American beauracracy at its absolute WORST.

I hope none of you ever have to deal with them. If you do....good luck...

 

[Suburban Cowboy]

We have enough native-born pot heads. Cya

 

[bumpkin]

That's right kids. Having a small weed pipe is now an AGGREVATED FELONY...apparently

Um, anything drug related has been upgraded in terms of illegalness since Reagan's administration.

We have enough native born pot-heads

Amen.

 

[Ripclawe]

Found this off the Air force page, but it applies to all.

http://www.cannon.af.mil/shared/media/document/AFD-061208-046.pdf

4. Good Moral Character
To be eligible for naturalization,
you must be a person of good
moral character. A person is not
considered to be of “good moral
character” if they commit certain
crimes during the 5 years before they apply for naturalization
or if they lie during their naturalization interview.
If you commit some specific crimes, you can never
become a U.S. citizen and will probably be removed from
the country.

These crimes are called “bars” to naturalization.
Crimes called “aggravated felonies” (if committed
on or after November 29, 1990), murder, rape, sexual
abuse of a child, violent assault, treason, and trafficking
in drugs, firearms, or people are some examples of permanent
bars to naturalization. In most cases, immigrants
who were exempted or discharged from serving in the



You may also be denied citizenship if you behave in
other ways that show you lack good moral character.

Other crimes are temporary bars to naturalization.
Temporary bars usually prevent you from becoming a
citizen for up to 5 years after you commit the crime.
These include:

• Any crime against a person with intent to harm.
• Any crime against property or the government involving
fraud.
• 2 or more crimes with combined sentences of 5 years
or more.
• Violating controlled substance laws (e.g., using or
selling illegal drugs).
• Spending 180 days or more during the past 5 years in
jail or prison.
Report any crimes that you committed when you apply
for naturalization. This includes crimes removed from
your record or committed before your 18th birthday. If
you do not tell USCIS about them, you may be denied
citizenship and you could be prosecuted.

Now considering the backlog and supposedly time limits the immigration officers have in processing applications. You have something that shows up as lacking good moral character, you are boned.

 

[way more]

...so anyway at one point I pull over to let him piss...

Don't piss on my nations soil.



That does seem pretty hard but the US is harsh. For future reference nine of ten drug and alcohol related arrests start because the officer sees someone peeing in public so always find a pot to piss in.

 

[Blackace]

YES! That is the statute they reference in the letter!!!! Word by word!!!

I did not use the mails or facility of "interstate commerce" to transport it!

I was not importing or exporting it, nor was I selling it.

Hopefully you're right and this is as simple as a minor, clerical ****up.

have you used the pipe before for smoking weed before it was taken or was it brand new?

edit: Also when one commits a crime (not you directly) when it happened makes no difference that when it happens. Sealed records only applies to citizens...

 

[Karakand]

People can't choose who and where they were born, and sometimes they just trying to live a better life.

Maybe they can try and follow some laws too while they're at it.

 

[acidviper]

Maybe next time, read the thread?

Maybe next time, you don't bring anything that remotely resembles drug paraphernalia.

 

[ChrisReid]

I was convicted of having a weed pipe. And they're calling that an AGGREVATED FELONY. Do you understand what I'm saying?

So what you're saying is that they rejected your citizenship application because of a felony, but what they really should have done is reject your citizenship because you had a misdemeanor on your record. I can understand that.

 

[JzeroT1437]

Another friend of mine was arrested for possession of weed. He had to do some community service hours off of that. Fast foward two years later, he comes back into the country from a business trip to the Caribbean. They hold him up at the airport and question the hell out of him for two hours and they take his passport from him. Tell him he has to explain his conviction and all this other crap. He had to get a lawyer and all this other stuff. He ended up going back to his country instead of trying to fight for the passport because he didn't have the money for the lawyers.

Big surprise, huh?

 

[Superman00]

Maybe they can try and follow some laws too while they're at it.

Did I ever say anything about not following the law. If he was caught smoking weed then I have no problems with that.

 

[stressboy]

All this for a weed pipe? Hell you can buy those things all over the place around here(Oregon).

 

[Kuramu]

PS360, simple solution for ya. Apply for Mexican Citizenship instead. Then refuse to leave here. In a few years you'll be one of the millions of Mexicans amnestied.

 

[KilledByBill]

So what you're saying is that they rejected your citizenship application because of a felony, but what they really should have done is reject your citizenship because you had a misdemeanor on your record. I can understand that.

Quoting what Chris said, I'm not sure you should jump to the conclusion that if your offense was classified as a "misdemeanor" instead of "felony" would have gotten you through. You should contact an immigration attorney and get some legal advice on that point and how to proceed.

At my job we indirectly deal with the Social Security Administration (Office of Disability Determinations) and it amazes me some of the decisions they hand down (for or against someone's disability claim). It's hard to not get the impression that they're over-worked and under-trained so mistakes happen often. But as above, even if the blemish on your record was mistakenly recorded at a more severe level, you should ask a lawyer about it.

Also, as some people have mentioned, since the system is choked with requests for entry the people making the determinations probably can be very selective and consider even a "small" infraction in the past enough to invalidate your case compared to someone else's.

Good luck.

 

[Jaffaboy]

The world is messed up. I hate bs like that...

I had a meeting at uni and left my bag on the floor where some of my friends were busy working. Some guy that probably didn't have anything in his life reported it as a possible bomb threat, so security took it (stupidly. I wish it was a bomb so it exploded in his face). So I got bollocked by this security guard like he was my mum; 'Don't leave your bag lying around, you hear?', and was saying stuff like the place was on high alert because of the Queen visiting last week. Goddamn Queen ruining the place... I got it back anyway, all it had was a magazine and a few pens in it :lol

 

[BlazeDSM]

Drug laws are the problem!

Legalize it!

Hahaha, I like this. Sorry to hear about your problem, hopefully it'll get resolved.

 

[AlanHemberger]

maybe you shouldn't be smoking marijuana

 

[andthebeatgoeson]

What is wrong with some of you, seriously?

Are you this stupid?

Where have I claimed that I should not have to adhere to the laws at the local, state, and federal levels?

I did not have any drugs on me. Do you understand that, or not?

I paid court fees, and spent 1000 dollars on a drug awareness class immediately following the conviction. I was suspended for 6 months from operating a motor vehicle in the state of delaware. I served that suspension and paid all the associated costs. It happened over 5 years ago.

So, please, spare me this "i cant believe the sense of entitlement."

I feel an entitlement not to be classified the same as a murderer and trafficker of drugs and weapons. And I always will.

I would define my intelligence to be just a tad bit above 'going into a foreign country and breaking a law associated with drugs.' No more, no less.

Excuse some of us if we don't pick up your torch when your first post screams more of blaming our government and less of taking responsibility for some pretty dumb actions. I think most Americans know and have enough intelligence to NOT go into a foreign country and break drug laws.

And I don't get why you feel like you are classified with murderers. Due you feel like only capital crimes are severe enough to prevent you from attaining citizenship? You had a suspended license but should that only be restricted to drunk drivers? No. An established punishment for an established rule. This is your situation. But you are more upset at 'American Bureaucracy' than yourself. So, that's why I think you feel entitled. Maybe you presented it wrong but I won't cry a tear for you.

As to the current theme by some to paint a broad brush about those who don't sympathize with you as xenophobia, I don't hate immigrants. I think they serve a great purpose and should be welcomed. I hate, however, those immigrants that abuse the rules. Immigrants from a select country that entered illegally and feel they should stay, which amounts to preferential treatment over other immigrants. It revolves around breaking the rules in a land not your own. Then having the audacity to bitch and moan about the system, instead of conforming to it. Again, sounds like your story. I'm totally okay with ejecting delinquents. The way you came off doesn't garner you much sympathy.

 

[reaver18]

becoming a us citizen is the biggest money dumping pain in the ass ever. It took us like 5 years from submitting the first application to finally getting our passports.

 

[FightyF]

http://www.cannon.af.mil/shared/medi...061208-046.pdf

4. Good Moral Character
To be eligible for naturalization,
you must be a person of good
moral character. A person is not
considered to be of “good moral
character” if they commit certain
crimes during the 5 years before they apply for naturalization
or if they lie during their naturalization interview.
If you commit some specific crimes, you can never
become a U.S. citizen and will probably be removed from
the country.

These crimes are called “bars” to naturalization.
Crimes called “aggravated felonies” (if committed
on or after November 29, 1990), murder, rape, sexual
abuse of a child, violent assault, treason, and trafficking
in drugs, firearms, or people are some examples of permanent
bars to naturalization. In most cases, immigrants
who were exempted or discharged from serving in the



You may also be denied citizenship if you behave in
other ways that show you lack good moral character.

Other crimes are temporary bars to naturalization.
Temporary bars usually prevent you from becoming a
citizen for up to 5 years after you commit the crime.
These include:

• Any crime against a person with intent to harm.
• Any crime against property or the government involving
fraud.
• 2 or more crimes with combined sentences of 5 years
or more.
• Violating controlled substance laws (e.g., using or
selling illegal drugs).
• Spending 180 days or more during the past 5 years in
jail or prison.
Report any crimes that you committed when you apply
for naturalization. This includes crimes removed from
your record or committed before your 18th birthday. If
you do not tell USCIS about them, you may be denied
citizenship and you could be prosecuted.

Has it been more than 5 years PS360?

Is becoming a US citizen really all that important? Does the lack of it restrict your travel?

I mean, you're living in the US with little or no hassle, right? Do you still have to pay taxes?

Sorry for the bombardment of questions, I was meaning to only ask a couple and the rest just spilled out.

 

[PS360]

I would define my intelligence to be just a tad bit above 'going into a foreign country and breaking a law associated with drugs.' No more, no less.

Excuse some of us if we don't pick up your torch when your first post screams more of blaming our government and less of taking responsibility for some pretty dumb actions. I think most Americans know and have enough intelligence to NOT go into a foreign country and break drug laws.

And I don't get why you feel like you are classified with murderers. Due you feel like only capital crimes are severe enough to prevent you from attaining citizenship? You had a suspended license but should that only be restricted to drunk drivers? No. An established punishment for an established rule. This is your situation. But you are more upset at 'American Bureaucracy' than yourself. So, that's why I think you feel entitled. Maybe you presented it wrong but I won't cry a tear for you.

As to the current theme by some to paint a broad brush about those who don't sympathize with you as xenophobia, I don't hate immigrants. I think they serve a great purpose and should be welcomed. I hate, however, those immigrants that abuse the rules. Immigrants from a select country that entered illegally and feel they should stay, which amounts to preferential treatment over other immigrants. It revolves around breaking the rules in a land not your own. Then having the audacity to bitch and moan about the system, instead of conforming to it. Again, sounds like your story. I'm totally okay with ejecting delinquents. The way you came off doesn't garner you much sympathy.

To be honest I don't care for nor do I want your sympathy.

Really I just want to know how having a weed pipe is an aggravated felony. And I laugh that the US CIS has accused me of committing such a felony, when I haven't, then used that as the basis for rejecting my citizenship. Very simple, really.

Delinquent?? I won't delve into it too much but with two degrees and an I.T. job at a Fortune 300 company straight out of college with one blemish on my record over half a decade ago when I was a teenager, I believe you should reserve that label for people who are truly delinquents.

Take responsibility? You mean like when I spent almost 2000 dollars on court fees and this 3 month drug awareness course and served a suspension of driving priviliges in Delaware? Oh, plus there was a year of probation. I forgot to mention that. Did I fail to meet any of these requirements? No. I took responsibility, and I paid for my mistake, both literally and figuratively.

People who make one mistake, a simple misdemeanor when they're young, with no previous trouble with the law, nor any trouble after the incident, who are educated, employed, and paying taxes, should NOT be denied citizenship. That's how I feel. If you are a repeat offender (misdemeanor or otherwise), if you murder, or smuggle drugs, or assault someone, different story.

Upset at myself? Give me a break. I was a teenager, and after 5 and a half years I have come to terms with the mistake I made. Hence, no trouble with the law since then.

Has it been more than 5 years PS360?

Is becoming a US citizen really all that important? Does the lack of it restrict your travel?

I mean, you're living in the US with little or no hassle, right? Do you still have to pay taxes?

Sorry for the bombardment of questions, I was meaning to only ask a couple and the rest just spilled out.

Yes, I was arrested in May of 2002, so it has been more than 5 years.

But even then, I haven't committed any of the crimes listed there.

Becoming a citizen will make travel much easier for me, and I travel quite a bit for business and pleasure. As a permanent resident it's kind of a hassle; always having to have my green card, permit to re-enter the U.S., always being grilled in Customs, etc.

This HAS to be a clerical error. I am convinced of that now.

 

[JzeroT1437]

For future reference.

...

I was really hoping this was a rickroll. : \

 

[Karmacide]

becoming a us citizen is the biggest money dumping pain in the ass ever. It took us like 5 years from submitting the first application to finally getting our passports.

Hrm... It shouldn't take that long. I recall someone in the thread earlier said it took them 10 years to get U.S. Citizenship. The attorney that I work for can get people their Citizenship in less than a year sometimes . It's about 9-12 months from the filing of the N-400 to get to the Oath Ceremony. Even if their applications aren't that smooth (Criminal backgrounds, etc.).

When you say your first application do you mean you applied for Permanent Residence first?

 

[Mejilan]

Should not take that long. When I got the letter confirming that they had received my application (and payment), they said that I'd here back (for the oath-taking ceremony) within 560 days.

:lol

 

[monchi-kun]

A citizen has the courage to make the safety of the human race their personal responsibility.

joke right? right? right?

 

[Odrion]

Wait, a weed pipe?

Can't you just consider it a tobacco pipe? That's how our porno store gets away with selling them.

 

[Draft]

Our legal system at work :|

Certainly alarming to see how many people here are downright eager to throw you under the bus for owning a bowl.

 

[Blackace]

So was the pipe used or not?

 

[PS360]

Our legal system at work :|

Certainly alarming to see how many people here are downright eager to throw you under the bus for owning a bowl.

I don't have a problem with the law confiscating paraphanalia and arresting those who possess it.

I broke the law and was caught; spent a night in the police station (they never actually put me in jail, just handcuffed me to a chair in the waiting room of the station for 3 hours while filling out paperwork).

But as I said, I paid for my actions in more ways than 1...and 2...and 3. 5 years later, I'm being categorized as an aggravated felon for what is a victimless crime.

Also, i have a serious problem with being accused of lacking "good moral character" for having a weed pipe. I think my moral character is actually in quite good shape. I think I got it during my time residing in the UK

So was the pipe used or not?

Yea it was used. Relatively lightly used, and had nothing in it, but it was completely unused as if I had just purchased it from the store.

 

[CHYME]

I don't know wtf I'm talking about.

Seriously, "due" read the thread, learn how to read, or get off your damn pedestal.