Naturalization, Citizenship Possession charges effect on residency and citizenship application

[legal_citizen]

My jurisdiction is: PA

I am currently a green card holder and will be applying for citizenship in Nov/Dec '09. In Aug '09 I was charged with Possession of an Illegal Substance and Possession of drug paraphernalia by Federal police as I was on an island on the Delaware river between PA and NJ, my trial date for these charges is in Oct or Dec '09 so I have not yet been convicted.

My question is whether these charges can effect my current residency or future citizenship application? If so I will more than likely fight the charges as there is a possibility that the officers who charged me illegally searched my bag and tent (but this is more a criminal law question).

Secondly, what is the maximum charge that would not affect ones residency or citizenship application as I might be able to plea bargain the charges down to a lesser charge that would not affect my residency or citizenship application?

Thanking you in advance.

 

[fredrikklaw]

Yes, it does!

Unfortunately, the answer is yes on both counts. Any drug conviction, other than one for (a one-time only) possession of 30 grams or less of marijuana (personal use), places a non-citizen alien in removal proceedings (deportation) and subject to immediate arrest and mandatory detention which means NO ELIGIBILITY for release on bond(bail) and revocation of the Green Card.

This of course makes the question about any future citizenship application quite redundant. But keep in mind that you will be placed in removal proceedings only if convicted of a crime and not merely for being charged with a crime.

So, the obvious game plan in this instance is avoid getting convicted at all costs!

Best of luck.

fredrikklaw