Solicitation of Prostitution - Citizenship Eligibility

[sam4451]

In Aug 2010, I was charged with solicitation of prostitution in VA. I pleaded NOT GUILTY in the circuit court. My case was taken under advisement and was ultimately dismissed. My green card was pending when my case was being heard. It was approved in June 2011. I am planning to apply for citizenship and wanted to see  if there would be any issues with my eligibility. This was the only offense that I was charged for in my entire life. If you could please provide your comments that would be of great help. Thanks

[sam3215]

You will be ok. Where you fingerprinted during your charges or arrest?

[sam4451]

Yes I was fingerprinted when I was arrested. Since then I have travelled out of the country at least 10 times. I also have Global Entry and never had any issues entering or differed inspection etc. Since I was arrested before my got my greencard (6 years ago), would it be counted against me for eligibility requirement? 

[pontevecchio]

1. Was there a plea bargain?

2. Have you expunged relevant records?

3. For GE, they only ask about convictions and not arrests.

4. Its been more than 5 years in any case.. Hence you will be Ok

[sam3215]

On 11/26/2016 at 1:35 PM, sam4451 said:

Yes I was fingerprinted when I was arrested. Since then I have travelled out of the country at least 10 times. I also have Global Entry and never had any issues entering or differed inspection etc. Since I was arrested before my got my greencard (6 years ago), would it be counted against me for eligibility requirement? 

Cool . So your arrest details did not come up for the green card interview or global entry interview? How about port of entey?

 

let us bd in youch through email mine is century @ tutanota dot com i sent u a private message here

[sam3215]

Hi Sam, Lets be in touch. Did you get your arrest details expunged after your case was dismissed? which state it happend?

[sam4451]

In VA where this case was - the only way you can get expunged is if the court holds you innocent. In my case, the court found evidence sufficient to convict but took the case underadvisement. I had to do 25 hrs of community service, HIV test and probation before the case was dismissed. I have been told that its very hard to get it expunged. I am planning to hold onto my job for a few years till this record is more than 7 yrs old upon which I beleive it doesn't show up in most background searches (depending on the employer and type of search they conduct).

 

 

[sam4451]

On my citizenship application, I had some initial phone conversation with a couple of immigration attorneys. They said that there could be an issue since there is a possibility that when ajudicating my greencard application, USCIS wasn't made aware of the Solicitation of Prostitution charge and that's why my GC was approved with no interview. My criminal lawyer (and a few immigration attorneys) at that time had told me that since the max possible scentence for this charge is 1 yr or less and the fact that its the only one on my record, this is a petty offense under immigration law - I would be fine - so I didn't see the need to inform the USCIS for this matter when my greencard application was pending. 

Let me know if anyone is or has gone through the same situation and what folks think if I should go ahead and file citizen application now or should wait for more years (or indefinitely).

 

 

[JoeF]

Things are never expunged for USCIS. And you absolutely have to be truthful on all applications. A lie could result in lots of problems, up to deportation.

[bondkumar]

here my story.

arrested back in 2002 for solicitation. i know it comes under petty offense exception because i have read through the law. i also have an attorney right a letter stating when i went for stamping back in 2006. No one ever asked me about it during visa stamping. I have always mentioned it in all the applications including green card. i got green card 5 years ago and wondering what will happen if i apply for citizenship. my gut tells me nothng happens because it happens 14 years ago and i know for a fact it falls under petty offense exception..

 

any thoughts friends. 

[sam3215]

12 hours ago, bondkumar said:

here my story.

arrested back in 2002 for solicitation. i know it comes under petty offense exception because i have read through the law. i also have an attorney right a letter stating when i went for stamping back in 2006. No one ever asked me about it during visa stamping. I have always mentioned it in all the applications including green card. i got green card 5 years ago and wondering what will happen if i apply for citizenship. my gut tells me nothng happens because it happens 14 years ago and i know for a fact it falls under petty offense exception..

 

any thoughts friends. 

Hii where you fingerprinted in a police station? Was your case dismissed? Where you convicted? Ifyou are not fingerprinted or convicted your case will not show up for immigration 

[sam4451]

Hi all - I am happy to report that yesterday I took the oath and became a US citizen. End to years of struggle and living with the fear. I had an immigration attorney whom I consulted and also went to interview with me. I reported the truth about my arrest and attached the copies of court disposition. I also took certified copies to my interview and USCIS kept the those certified copies. I wasn't asked about the details of the incident since it was over 5 years old and the matter had ended in a dismissal after I completed community service.

[billrider321]

On 9/14/2018 at 4:24 PM, sam4451 said:

Hi all - I am happy to report that yesterday I took the oath and became a US citizen. End to years of struggle and living with the fear. I had an immigration attorney whom I consulted and also went to interview with me. I reported the truth about my arrest and attached the copies of court disposition. I also took certified copies to my interview and USCIS kept the those certified copies. I wasn't asked about the details of the incident since it was over 5 years old and the matter had ended in a dismissal after I completed community service.

Did you expunge your case or waiting for citizenship to complete

[redroses7]

On 9/14/2018 at 4:24 PM, sam4451 said:

Hi all - I am happy to report that yesterday I took the oath and became a US citizen. End to years of struggle and living with the fear. I had an immigration attorney whom I consulted and also went to interview with me. I reported the truth about my arrest and attached the copies of court disposition. I also took certified copies to my interview and USCIS kept the those certified copies. I wasn't asked about the details of the incident since it was over 5 years old and the matter had ended in a dismissal after I completed community service.

When did you file the N400 application? How long did the entire process take until oath?

[Oazy]

Hi,

I have the same question. I got arrested for Soliciting Prostitution (2017) and I'm currently due for my Naturalization. Can I proceed with my application or do I need to wait for 5 years? I plead not guilty and the case was expunged. Any guidance will be highly appreciated. 

 

[Univemp]

Consult an attorney like Sam did.

[Sam231986]

On 1/10/2017 at 12:56 AM, sam3215 said:

Hii where you fingerprinted in a police station? Was your case dismissed? Where you convicted? Ifyou are not fingerprinted or convicted your case will not show up for immigration 

I am in a same case where I was charged but the case was dismissed. I was neither taken to jail nor fingerprinted. 

Will this reflect in my immigration records?I have a valid visa until 2021 but I have the need to go to India in 2 months. I haven't got any notice abt visa being revoked. But will my visa get revoked for this?

[steve116]

I have the same question. I got arrested for Soliciting Prostitution (2015) and it was dismissed and I'm currently due for my Naturalization in 2024. Can I proceed with my application? I plead not guilty and the case was Dismissed and i did  not expunged. Any guidance will be highly appreciated.  while filling N 400

 

What do i need to fill for these questions in Naturalization Application from 22 to 28 in N 400 Application.

 

22.Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested?

<ans> My response is No

23: Have you EVER been arrested, cited, or detained by any law enforcement off icer (including any immigration official or any official of the U.S. armed forces)for any reason?

<ans> My Response was "YES" is this correct, Since it was arrested and it was dismissed with "Nolle Prosequi"

24.Have you EVER been charged with committing, attempting to commit, or assisting in committing a crime or offense?

<ans> i dont know what to respond is this "YES" or "NO", since it was dismissed, even if i say YES , it does not impact right

25.Have you EVER been convicted of a crime or offense?

<ans> My response completely "NO", Since it was dismissed, 

 

Note: So my concern is do i need to mention my response as "YES" 23 and 24 

And for 25 it is completely "NO" Since i am not convicted, i need to disclose but i don't need to worry since it is  a NO 

Please advise,