Charged wt Solicitation with pending I-485

[piyaztamatar]

Worst thing is that I was charged in MD county where they don't have John school, so except fighting the case no other choice left.

Need advice

[century]

You can get charges reduced to infraction disturbing the peace .. For this youu need to hire a competent defense lawyer.. Is your charges filed in court? Do u have visa or GC?

[piyaztamatar]

I have permanent I-94, with EAD, my GC is still pending. What I heard from lawyers is that the prosecutors in that county do not reduce charges at any cost, and there is no John School so last option remains is PBG, which I am not willing to do. So after some case search I found a defense lawyer who came out with good results in that county so I hired him. Immigration is not a big issue right now. Biggest problem is I had to apply for Residency this September but I can't apply because if I get Residency I can't get the job because it's going to be there in background check, even though I have not been convicted

[century]

At any cost do not get convicted if u are convicted then not only job will be an isdue u will not be able to lget loan, rent homes.. There is lot of options to get case dismissed DEJ deffered adjudication etc.. Immigration is an issue because it is CIMT but petty offense exception might save u ..

I also have same charge but i have got my case dismissed by DA after doing class without any plea or admission of guilt..so no conviction for immigration and legally no conviction.

[piyaztamatar]

I found out about similar cases in the same county which went to trial and won the case but it took them more or less 1 yr. plus they went to a jury trial in Circuit ct. I haven't hired an immigration lawyer yet, talked to many of them who are keen to take my case but don't have any idea about the impact of Solicitation on Deportation.

[century]

U will not get deported if u commited the offense if u were in US more than 5 years.. I am in CA and Cimt offense in CA is a misdemeanor and from jan 2015 there is a new law sb 1310 or pc 18.5 says one Cimt conviction or offense is not deporttable and not inadmissible because of petty offense exceptions.

[piyaztamatar]

Conviction is not an option for me. I have never done any thing wrong in the past and being first time for me, I'll easily get PBJ(probation before judgement) it's not considered a conviction except in Immigration laws ( where they take PBJ as conviction) so I did lot of research and found out that there is no other way but to fight the case, unless they reduce the charges or offer any other thing. I have tried applying for jobs but no one is going to give me job even I have only been charged with, forget about conviction.

Right now I am going through hell, It seems only death is going to bring peace to my soul

[piyaztamatar]

I know that its not deportable offense, found it out through forums like this. Problem is job, I haven't been applying for jobs because I am scared that they will find out about the charges and won't give me job

[piyaztamatar]

I have not been in U.S. For more than 5 yrs. are Immigration laws different in different states?

[piyaztamatar]

What's the way if their is no pre trial diversion program?

[century]

Which state or city are u residing? Try to get it reduced to disturbing the peace as an infraction.. Which is not considered as a major issue for immigration. You will get job .. Even if convicted you can expunge the records..

Try to avoid conviction at any cost to the solicting offense..

Different states have different laws..

Since i am in CA i got lucky with the new law for misdeamnour and max sentence is only less than 6 months.. Which makes it admissible to the country.

[century]

Pbj is same like diversion but there would be guilty plea and it is a conviction for immigration.. Since there would be petty offense exception it would be ok and u have applied for GC it will bot be an issue

[piyaztamatar]

I know PBJ is considered conviction for Immigration purposes, but Immigration isn't a big issue here because even if convicted it's not inadmissible crime. The main issue is getting a job in my field n dealing with anxiety, depression and social stigma. I am in Maryland and the record takes 3 yrs before being expunged. Many lawyers told me that in my case worst case scenario is PBJ n best is dropping of charges. Hopefully my lawyer may get a deal from prosecuter so I don't have to go for PBJ. They don't have a diversion program in the county where I am charged.

My lawyer has won similar cases in The same county, he is very confident but I am very very scared

[century]

Hey contact me in email : century at tutanota dot com

Hope u got it

Please be in touch

[century]

Hi where you arrested and fingerprinted?

This charge is a CIMT and if committed within 5 years of entry and max punishment is 1yr or more the non citizen without GC can be deported..

Is your charge in your county max punshment for misdeamanor is 1 yr or more?

[piyaztamatar]

I wasn't arrested nor fingerprinted. Maximum punishment is 1 yr in jail. You can't be deported unless convicted twice for solicitation but problem in my county is they don't charge for solicitation they charged for prostitution in general which is far worse than solicitation.

I'll send you the link of other person explaining about why it's not deportation eligible offence and what's petty offence exception

[century]

Ok well you are lucky u were not fingerprinted and arrested.. I was fingerprinted and arrested.. The problem is this will show up in my port of entry or i485 adjustment of status fingerprinting..

Solicting is a CIMT if convicted..

And 1 CIMT conviction before 5 years of entry is deportable.. Read the ILRC cimt in google.. Rohit v holder case..

petty offense exception is only for inadmissible case..

Not applicable For deportation..

Both solicting and prostitution are different..

In CA 647b PC solicting i.e johns and prostiute are given same charge..

[piyaztamatar]

http://forum.murthy.com/index.php?/topic/33725-arrested-charged-with-solicitation-of-prostitute/?fromsearch=1
Read where he says " my lawyer confirmed Solicitation doesn't fall under CIMT unless convicted twice"

[century]

Please send me the link of other person saying its not deported offense..

Did u get a citation ticket? Were u photographed?

[piyaztamatar]

http://forum.murthy.com/index.php?/topic/3416-solicitation-of-prostitution/

[piyaztamatar]

I wasn't given a citation ticked but I was photographed, citation ticket arrived in mail.

[piyaztamatar]

Many immigration lawyers said its not inadmissible
Check out murthy forum or google it

[century]

If u read rohit v holder case soliciting is a CIMT even if if is one time and not twice.. It was declared by BIA in 2012.

[century]

Actually i am worried only about deportation if CIMT is committed before 5 year entry and max punishment is 365 days or more noncitizen is deported. If u go out of country and come back at POE if thy see conviction for Cimt thy may deport but it is not inadmissible so it's complicated case man,. It depends on poe officer to allow inside.. Better dont travel outside of country

[piyaztamatar]

Let me tell you, Big issue is not Immigration, Main issue is getting a job in your profession, even after the public record is expunged most of the companies doing Background checks pull up the expunged records and some of the employers already know about your past, so when you go for interview you aren't sure what to say about arrests or criminal records.