Hawthorne, FL Immigration Law Firms & Lawyers

Trespass is not a deportable offense. If you pleaded guilty and paid a fine, it is a conviction regardless if the court subsequently dismissed the matter for paying the fine and complying with probation. If you have five years of good conduct, an older trespass will not make you ineligible for citizenship.

My recommendation is that you seek the advice of a qualified immigration attorney. From your description, the more recent problem with marijuana is the more troubling, especially because it would appear to have occurred during the period for which you must establish that you are a person of good moral character. Keep in mind that cases which result in no action or even in the dismissal of charges after completion of a diversion program can still be used by CIS in determining whether you meet the good moral character requirement. CIS has become increasingly more and more difficult about approving cases where there is any problem suggesting any lapse of judgment questioning one's character. So best advice is to find someone who is qualified to discuss the concerns with you and who can provide some guidance on the possible issues that you may face in submitting the Form N-400. This case doesn't look like an absolute no. Instead an understanding that you may face issues with review of the case. Find someone good and you will be rewarded many times over by being placed in a position to make an informed decision.

As you timely applied for a change of status to F-1 student, you are allowed to remain in the US while awaiting a decision on the change of status request. USCIS last year changed its policy which had previously required B-2 individuals applying for change of status to student to keep maintaining B-2 status and keep filing extension requests until the change of status was adjudicated. Please note, however, that other rules still apply that you cannot become a student until USCIS approves the change, and you are not allowed to work in the US during the pendency of the request. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.