Important Updates
Important Updates
April 21, 2026 | VietnamVietnam: Pre-Arrival Declaration Now Required in Ho Chi Minh City
April 22, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
April 22, 2026 | Saudi ArabiaSaudi Arabia: Nitaqat Calculation Now Requires Online Contract Submission
April 21, 2026 | Russia, Saudi ArabiaRussia/Saudi Arabia: Mutual Visa-Free Entry Forthcoming
April 21, 2026 | NetherlandsThe Sunday Times: How to Make Your Move from the UK to the Netherlands
April 21, 2026 | VietnamVietnam: Pre-Arrival Declaration Now Required in Ho Chi Minh City
April 22, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
April 22, 2026 | Saudi ArabiaSaudi Arabia: Nitaqat Calculation Now Requires Online Contract Submission
April 21, 2026 | Russia, Saudi ArabiaRussia/Saudi Arabia: Mutual Visa-Free Entry Forthcoming
April 21, 2026 | NetherlandsThe Sunday Times: How to Make Your Move from the UK to the Netherlands
April 21, 2026 | VietnamVietnam: Pre-Arrival Declaration Now Required in Ho Chi Minh City
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

USCIS Reminds Foreign Nationals that Marijuana Violations May Prevent Eligibility for Naturalization

April 23, 2019

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

Despite legalization in several U.S. states and foreign countries, the possession, use, sale, distribution and production of marijuana remain illegal under U.S. federal law and could render a foreign national unable to demonstrate “good moral character,” a key requirement of naturalization to U.S. citizenship.


The issue

U.S. Citizenship and Immigration Services (USCIS) has issued internal policy guidance reminding its adjudicators that, despite decriminalization of the possession, use, sale, distribution and production of marijuana by several U.S. states and foreign countries, these activities remain illegal under U.S. federal law and can prevent naturalization applicants from establishing the good moral character (GMC) required by law to become a U.S. citizen. This includes the use of medical marijuana.

The agency guidance does not reflect a change to U.S. naturalization law or its interpretation, but does highlight the risks of controlled substance use, even use that might be permissible under state law, as a potential bar to becoming a U.S. citizen.   

Background

To qualify for naturalization, an applicant must show that he or she has been a person of good moral character, generally during the five-year period immediately preceding his or her application and up to taking the U.S. Oath of Allegiance (a three-year period in some cases). Conduct outside the five-year period can also impact a GMC finding, but U.S. regulations explicitly state that during the GMC statutory period, a person will be found to lack GMC if he or she has violated any federal, state, or foreign law relating to a controlled substance (provided the violation was not de minimis as defined by statute). Despite recent changes in some U.S. states that legalize marijuana within those jurisdictions, U.S. federal law still classifies marijuana as an illegal controlled substance.

What it means for foreign nationals

USCIS’s internal guidance does not change the legal requirements for naturalization. The guidance does, however, signal the Department of Homeland Security’s continued attention to the interaction between federal controlled substance law and recent state (and in some cases, foreign) marijuana legalization laws in the context of U.S. immigration and naturalization. 

Foreign nationals on a path to naturalization should consult with counsel if they have questions regarding the intersection between naturalization and marijuana legalization.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Work authorization

Family Reunification in Switzerland: Key Scenarios, Requirements and Risks

Manager Quentin Pache outlines the main family reunification pathways available in Switzerland, highlighting key eligibility requirements, procedural deadlines and practical risks that frequently lead to delays or refusals. 

Learn more

Media mentions

The Sunday Times: How to Make Your Move from the UK to the NetherlandsLearn more

Brexit

UK–EU Youth Mobility: Progress, Trade-offs and the Reality of Agreement

UK Government Affairs Strategy Director Shuyeb Muquit explains how a possible UK–EU Youth Mobility Scheme could work in practice, what challenges remain and what it may mean for young people and employers.

Learn more

Awards

12 Fragomen Lawyers Named to 2026 Pro Bono Recognition List

Twelve Fragomen lawyers are recognized on the 2026 Pro Bono Recognition List, reflecting their commitment to providing free legal assistance to those in need.

Learn more

Media mentions

Times Higher Education: Share Agent ‘Bad Actor’ Data With Universities, Home Office Told

Senior Immigration Manager Jonathan Hill discusses new UK guidance suggesting the Home Office may use data to assess agent trust, raising questions about transparency and compliance demands.

Learn more

Video

Understanding Thai Visa Categories: Travel, Work, Study, Retirement and More

In this video, Partner Aim-on Larpisal provides a high-level overview of common Thai visa categories and how they are structured based on purpose of stay, including tourism, work, education and long-term residence.

Learn more

Work authorization

The H-1B Cap Lottery FY 2027 is Complete: What Employers Should Do Next

Partner Chad Blocker outlines what employers should do following completion of the FY 2027 H-1B cap lottery, explains the factors behind lower demand and higher selection rates and highlights key filing risks, timelines and alternative visa options to consider next.

Learn more

Media mentions

EB-5 Investors: May Visa Bulletin Advances EB-5 Dates for Chinese Investors, Cautions Retrogression for India

Senior Counsel Mitch Wexler discusses China’s EB-5 Unreserved category advancing to September 22, 2026, while India’s dates remain unchanged with potential for retrogression amid sustained demand.

Learn more

Media mentions

Citywealth: Tens of Thousands Leave the Gulf for the UK, For Now

Partner Julia Onslow-Cole discusses Middle East-based UHNW clients making short-term moves driven by schooling and timing considerations.

Learn more

Media mentions

Energiewirtschaftliche Tagesfragen: Mitarbeiter aus Drittstaaten im Offshore-Einsatz - Wenn Seemeilen über Legalität entscheiden

Senior Manager Katharina Vorländer examines how immigration rules for offshore wind projects in Germany hinge on nautical boundaries and why careful personnel planning is essential to avoid compliance risks.

Learn more

Media mentions

Gazeta Prawna: Zatrudnienie Kolumbijczyków, Gruzinów i Wenezuelczyków tylko na podstawie wizy i właściwego zezwolenia sprzeczne z ustawą.

Poland Immigration Strategy Director Tomasz Rogala comments on a draft regulation restricting work for citizens of Georgia, Colombia and Venezuela in Poland during visa-free stays.

Learn more

Awards

Four Fragomen Attorneys Recognised by The Best Lawyers™ in Australia

Partners Chris Spentzaris and Sasko Markovski, Practice Leader Sarah Tan and Counsel Robert Walsh are recognized by Best Lawyers in Australia for their work in immigration law.

Learn more

Work authorization

Family Reunification in Switzerland: Key Scenarios, Requirements and Risks

Manager Quentin Pache outlines the main family reunification pathways available in Switzerland, highlighting key eligibility requirements, procedural deadlines and practical risks that frequently lead to delays or refusals. 

Learn more

Media mentions

The Sunday Times: How to Make Your Move from the UK to the NetherlandsLearn more

Brexit

UK–EU Youth Mobility: Progress, Trade-offs and the Reality of Agreement

UK Government Affairs Strategy Director Shuyeb Muquit explains how a possible UK–EU Youth Mobility Scheme could work in practice, what challenges remain and what it may mean for young people and employers.

Learn more

Awards

12 Fragomen Lawyers Named to 2026 Pro Bono Recognition List

Twelve Fragomen lawyers are recognized on the 2026 Pro Bono Recognition List, reflecting their commitment to providing free legal assistance to those in need.

Learn more

Media mentions

Times Higher Education: Share Agent ‘Bad Actor’ Data With Universities, Home Office Told

Senior Immigration Manager Jonathan Hill discusses new UK guidance suggesting the Home Office may use data to assess agent trust, raising questions about transparency and compliance demands.

Learn more

Video

Understanding Thai Visa Categories: Travel, Work, Study, Retirement and More

In this video, Partner Aim-on Larpisal provides a high-level overview of common Thai visa categories and how they are structured based on purpose of stay, including tourism, work, education and long-term residence.

Learn more

Work authorization

The H-1B Cap Lottery FY 2027 is Complete: What Employers Should Do Next

Partner Chad Blocker outlines what employers should do following completion of the FY 2027 H-1B cap lottery, explains the factors behind lower demand and higher selection rates and highlights key filing risks, timelines and alternative visa options to consider next.

Learn more

Media mentions

EB-5 Investors: May Visa Bulletin Advances EB-5 Dates for Chinese Investors, Cautions Retrogression for India

Senior Counsel Mitch Wexler discusses China’s EB-5 Unreserved category advancing to September 22, 2026, while India’s dates remain unchanged with potential for retrogression amid sustained demand.

Learn more

Media mentions

Citywealth: Tens of Thousands Leave the Gulf for the UK, For Now

Partner Julia Onslow-Cole discusses Middle East-based UHNW clients making short-term moves driven by schooling and timing considerations.

Learn more

Media mentions

Energiewirtschaftliche Tagesfragen: Mitarbeiter aus Drittstaaten im Offshore-Einsatz - Wenn Seemeilen über Legalität entscheiden

Senior Manager Katharina Vorländer examines how immigration rules for offshore wind projects in Germany hinge on nautical boundaries and why careful personnel planning is essential to avoid compliance risks.

Learn more

Media mentions

Gazeta Prawna: Zatrudnienie Kolumbijczyków, Gruzinów i Wenezuelczyków tylko na podstawie wizy i właściwego zezwolenia sprzeczne z ustawą.

Poland Immigration Strategy Director Tomasz Rogala comments on a draft regulation restricting work for citizens of Georgia, Colombia and Venezuela in Poland during visa-free stays.

Learn more

Awards

Four Fragomen Attorneys Recognised by The Best Lawyers™ in Australia

Partners Chris Spentzaris and Sasko Markovski, Practice Leader Sarah Tan and Counsel Robert Walsh are recognized by Best Lawyers in Australia for their work in immigration law.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.