Arrest for solicitation

[Gud]

Sorry folks for starting this thread again , all the earlier information on this topic was little dated.

Unfortunately i got arrested for a solicitation charge in a police sting operation. Prosecutor office has declined to offer any kind of diversion programs. I am fighting my case currently. I am on green card. I was not finger printed at the time of arrest and max sentence for this charge is 6 months in my state. This is my only charge.  If I get convicted then 

1) Will I have issue at Port of Entry ? Will my conviction show up to the immigration officer ? Please someone share your experience at POE with similar charge and conviction

2) I think my case falls under CIMT but can I avail petty offense exception ? How does that work and How do I use it ?

3) When can I file for citizenship ? do I have to wait for 5 Years from the day case was closed or can file before that ?

4) Will there be any issues in extending my GC ?

Thanks a lot everyone for your reply and help.

    

[sam3215]

2 hours ago, Gud said:

Sorry folks for starting this thread again , all the earlier information on this topic was little dated.

Unfortunately i got arrested for a solicitation charge in a police sting operation. Prosecutor office has declined to offer any kind of diversion programs. I am fighting my case currently. I am on green card. I was not finger printed at the time of arrest and max sentence for this charge is 6 months in my state. This is my only charge.  If I get convicted then 

1) Will I have issue at Port of Entry ? Will my conviction show up to the immigration officer ? Please someone share your experience at POE with similar charge and conviction

2) I think my case falls under CIMT but can I avail petty offense exception ? How does that work and How do I use it ?

3) When can I file for citizenship ? do I have to wait for 5 Years from the day case was closed or can file before that ?

4) Will there be any issues in extending my GC ?

Thanks a lot everyone for your reply and help.

    

which state this happened? If you have one conviction it will show up on records.. also if you are not fingerprinted now, you will be once the trial starts or once sentencing happens.. this is  a CIMT and one CIMT has petty offense exception. you need a defense lawyer to fight your case to get it dismissed.

[Gud]

Thanks Sam for the response. Police had put two charge against me, one Solicitation and another possession of criminal tool - misdemeanor ( for my cell phone that was used for contacting the other person ). Do you think it will still be counted as one CIMT  and I can avail petty offense exception ? I have heard multiple charges arising out of "single scheme of criminal misconduct" can fall under petty offense exception. Please advise.

[pagladeewana]

Normally the lesser charge is dismissed if you are ready to take guilty plea for the charge which carries more punishment. 

 

Did you have prior criminal history, it is very surprising the prosecutor is throwing the book at you

[sam3215]

On 6/16/2017 at 6:18 PM, Gud said:

Thanks Sam for the response. Police had put two charge against me, one Solicitation and another possession of criminal tool - misdemeanor ( for my cell phone that was used for contacting the other person ). Do you think it will still be counted as one CIMT  and I can avail petty offense exception ? I have heard multiple charges arising out of "single scheme of criminal misconduct" can fall under petty offense exception. Please advise.

solicitation is a Cimt, not sure about 2nd one. can u contact me in private? where did this happen?

[pontevecchio]

@OP, PLEASE do not get guidance from a forum. Get an Immigration  lawyer involved AND in the loop. Best of luck.

[Gud]

On 6/19/2017 at 1:10 PM, pagladeewana said:

Normally the lesser charge is dismissed if you are ready to take guilty plea for the charge which carries more punishment. 

 

Did you have prior criminal history, it is very surprising the prosecutor is throwing the book at you

No, I don't have any prior criminal history

[Denero]

Hi what is status of your case? Did you get any pre trial diversion?