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thephy

Question about 647b solicit for prostitution. Should I take diversion course aka John school? Especially for immigration purpose

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So yea, I was stupid.

I was involved in a situation that has been discussed quite a bit: cited for 647b, in San Francisco, I am on my H1b visa, 2nd year of it. Been in the US on various F visa for over 10 years. The officers gave me a ticket. They asked me to call a number with my case number for the John School, and then apply through the Clean Slate program to have my "record cleared".
 
I did some research on my own, this is what I have come up so far. But still have some confusions when it comes to the John School.
 
1. First and foremost, an arrest is an arrest. No matter if the case is dismissed or expunged at the end, it will show up on my immigration process every step of the way. I will have to disclose that in any future paperwork.
2. Taking the John School and then getting it expunged will mean that I will have my arrest record sealed and a relative "clean" record, for future employment purposes (this also depends on the nature of job. Nothing LEO or government etc. for me)
3. Even if I am to be convicted under 647b, it'd still be considered as petty offense exception in CIMT. From what I have read so far, I would not be inadmissible.
4. I'd have to do some extra work to show that I have "improved" before my GC case gets reviewed, like volunteering work and stuff, to help my case. But based on my readings on this forum so far, the chances are good. Of course YMMV.
 
Are 1, 2 and 4 correct? Not entirely sure about 3.
 
The more pressing question is whether taking the diversion route like John School is a good idea. Is it gonna be considered a guilty plea? I am assuming I have not be charged so if I take it, what would be the legal status coming of it? Still not charged? Charged but dropped? Charged but case dismissed by court?
 
I am talking to a criminal and immigrant attorney at this point. But I understand that when it comes to this kind of things, people may have different opinions about them. So I am asking for as many input and help as I can get.
 
Thank you. Really appreciate any input here.
 

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On 2/6/2019 at 12:22 AM, thephy said:

So yea, I was stupid.

I was involved in a situation that has been discussed quite a bit: cited for 647b, in San Francisco, I am on my H1b visa, 2nd year of it. Been in the US on various F visa for over 10 years. The officers gave me a ticket. They asked me to call a number with my case number for the John School, and then apply through the Clean Slate program to have my "record cleared".
 
I did some research on my own, this is what I have come up so far. But still have some confusions when it comes to the John School.
 
1. First and foremost, an arrest is an arrest. No matter if the case is dismissed or expunged at the end, it will show up on my immigration process every step of the way. I will have to disclose that in any future paperwork.
2. Taking the John School and then getting it expunged will mean that I will have my arrest record sealed and a relative "clean" record, for future employment purposes (this also depends on the nature of job. Nothing LEO or government etc. for me)
3. Even if I am to be convicted under 647b, it'd still be considered as petty offense exception in CIMT. From what I have read so far, I would not be inadmissible.
4. I'd have to do some extra work to show that I have "improved" before my GC case gets reviewed, like volunteering work and stuff, to help my case. But based on my readings on this forum so far, the chances are good. Of course YMMV.
 
Are 1, 2 and 4 correct? Not entirely sure about 3.
 
The more pressing question is whether taking the diversion route like John School is a good idea. Is it gonna be considered a guilty plea? I am assuming I have not be charged so if I take it, what would be the legal status coming of it? Still not charged? Charged but dropped? Charged but case dismissed by court?
 
I am talking to a criminal and immigrant attorney at this point. But I understand that when it comes to this kind of things, people may have different opinions about them. So I am asking for as many input and help as I can get.
 
Thank you. Really appreciate any input here.
 

where you fingerprinted in a police station after the arrest?

You have to get the case dismissed some how Pre trial diversion classes is not considered a conviction for immigration purposes as long as you say NOT GUILTY. 

You have to mention the arrest in the DS160 visa application and also for GC or citizenship.

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11 hours ago, sam3215 said:

where you fingerprinted in a police station after the arrest?

You have to get the case dismissed some how Pre trial diversion classes is not considered a conviction for immigration purposes as long as you say NOT GUILTY. 

You have to mention the arrest in the DS160 visa application and also for GC or citizenship.

Fingerprinted on the scene. Right thumb. It was a sting op in a hotel room. Everything was dealt with there, didn't even go to a station or handcuffed. In and out in 20 min.

My attorney said that taking the course is not considered plea to guilty. Take the class and the charges will be dropped, hopefully before even going to the court system.

Yes, I am aware of that I have to say yes to arrest questions in immigration processes.

Thank you so much. Any other thoughts to share?

I will update here when as things move forward.

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On 2/7/2019 at 11:35 PM, thephy said:

Fingerprinted on the scene. Right thumb. It was a sting op in a hotel room. Everything was dealt with there, didn't even go to a station or handcuffed. In and out in 20 min.

My attorney said that taking the course is not considered plea to guilty. Take the class and the charges will be dropped, hopefully before even going to the court system.

Yes, I am aware of that I have to say yes to arrest questions in immigration processes.

Thank you so much. Any other thoughts to share?

I will update here when as things move forward.

tAKE THE CLASS GET IT DISMISSED.. THATS WHAT HAPPEND TO ME ALSO.. CARRY THE COURT DOCUMENTS for visa stamping or green card process.

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I am in the same bucket. I am thinking to take the diversion class ASAP. Do you know how long does it take for DA to drop the charges once the class is taken?

The reason I am asking is because, my employer needs to file I-140 and H1B extension before August this year and I am worried that the case (if not dropped right away after taking the class) will show up while USCIS processing my H1B extension/I-140 petition. My H1B extension will be denied and I have to leave the country. I am so worried. Please help . 

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On 2/6/2019 at 12:22 AM, thephy said:

So yea, I was stupid.

I was involved in a situation that has been discussed quite a bit: cited for 647b, in San Francisco, I am on my H1b visa, 2nd year of it. Been in the US on various F visa for over 10 years. The officers gave me a ticket. They asked me to call a number with my case number for the John School, and then apply through the Clean Slate program to have my "record cleared".
 
I did some research on my own, this is what I have come up so far. But still have some confusions when it comes to the John School.
 
1. First and foremost, an arrest is an arrest. No matter if the case is dismissed or expunged at the end, it will show up on my immigration process every step of the way. I will have to disclose that in any future paperwork.
2. Taking the John School and then getting it expunged will mean that I will have my arrest record sealed and a relative "clean" record, for future employment purposes (this also depends on the nature of job. Nothing LEO or government etc. for me)
3. Even if I am to be convicted under 647b, it'd still be considered as petty offense exception in CIMT. From what I have read so far, I would not be inadmissible.
4. I'd have to do some extra work to show that I have "improved" before my GC case gets reviewed, like volunteering work and stuff, to help my case. But based on my readings on this forum so far, the chances are good. Of course YMMV.
 
Are 1, 2 and 4 correct? Not entirely sure about 3.
 
The more pressing question is whether taking the diversion route like John School is a good idea. Is it gonna be considered a guilty plea? I am assuming I have not be charged so if I take it, what would be the legal status coming of it? Still not charged? Charged but dropped? Charged but case dismissed by court?
 
I am talking to a criminal and immigrant attorney at this point. But I understand that when it comes to this kind of things, people may have different opinions about them. So I am asking for as many input and help as I can get.
 
Thank you. Really appreciate any input here.
 

Hi ThePhy,

Can you share your experience after taking the class and getting your charges dropped by DA. Were you fingerprinted? What happened during visa stamping and port of entry. Please share your post pre-trial diversion experience as I am in similar boat. 

 

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