Heretic Posted December 27, 2016 Report Share Posted December 27, 2016 Hello All, This might be a topic that has been discussed a lot, but I wanted to get some feedback. I was arrested for prostitution and have a court date coming up. My attorney is looking to have some kind of pre trial probation with no admission of guilt or plea I am assuming. I am hoping to not have a conviction under any circumstances since the state I am in makes the charge impossible to get a petty offense. I am an LPR since 2010. My questions are 1. Will I be able to travel and re enter if I have no conviction 2. As for citizenship I figure one would have to wait for 5 years from time of arrest to apply. Any information any of you might provide will be helpful, knowing that this is just a forum. Thank you Link to comment
sam3215 Posted January 2, 2017 Report Share Posted January 2, 2017 Hi get your case dismissed. Probation is a conviction for immigration. If you have a conviction for soliciting prostitution and it does not fall under petty offense for cimt then it could be a problem for the citizen ship application. Did you consult immigration attorney? What did thy say? you can get in touch with my email its in my profile Link to comment
bondkumar Posted January 9, 2017 Report Share Posted January 9, 2017 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. Link to comment
sam3215 Posted January 10, 2017 Report Share Posted January 10, 2017 10 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 Link to comment
sam3215 Posted January 25, 2017 Report Share Posted January 25, 2017 On 12/27/2016 at 2:08 PM, Heretic said: Hello All, This might be a topic that has been discussed a lot, but I wanted to get some feedback. I was arrested for prostitution and have a court date coming up. My attorney is looking to have some kind of pre trial probation with no admission of guilt or plea I am assuming. I am hoping to not have a conviction under any circumstances since the state I am in makes the charge impossible to get a petty offense. I am an LPR since 2010. My questions are 1. Will I be able to travel and re enter if I have no conviction 2. As for citizenship I figure one would have to wait for 5 years from time of arrest to apply. Any information any of you might provide will be helpful, knowing that this is just a forum. Thank you Hows your case proceeding? Link to comment
bondkumar Posted January 25, 2017 Report Share Posted January 25, 2017 On 1/9/2017 at 11:55 PM, century_new 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 was fingerprinted. I plead no contest. found Guilty. Supervision for 3 months. (as per city ordinance this city code that i was found guilty has max penalty of 6 months and i was given 3 months supervision, no fine etc.... So i would imagine this safely falls under petty offense exception). i requested for expunging it and it was expunged as it met certain waiting period criteria. I got a letter from that police department saying all my records are expunged. i had traveled out of country 10 times after that, 2 visa stamping, green card(5 years completed). always mentioned about the arrest but never was asked about it. now comes naturalization.. i guess i am eligible but want your opinion Link to comment
sam3215 Posted January 25, 2017 Report Share Posted January 25, 2017 1 hour ago, bondkumar said: I was fingerprinted. I plead no contest. found Guilty. Supervision for 3 months. (as per city ordinance this city code that i was found guilty has max penalty of 6 months and i was given 3 months supervision, no fine etc.... So i would imagine this safely falls under petty offense exception). i requested for expunging it and it was expunged as it met certain waiting period criteria. I got a letter from that police department saying all my records are expunged. i had traveled out of country 10 times after that, 2 visa stamping, green card(5 years completed). always mentioned about the arrest but never was asked about it. now comes naturalization.. i guess i am eligible but want your opinion sSince your records were erased or expunged from the database, your fingerprints will not get a hit at port of entry/visa. In my case it is different, My case is dismissed but I cannot expunge the records in CA. So it is going to get a hit. Link to comment
citizen2019 Posted January 30, 2017 Report Share Posted January 30, 2017 Somewhat similar situation... I have a Family based Green card. I was arrested for prostitution in 2014 (guilty,case expunged, but still shows up in FBI fingerprinting).Cant apply for citizenship for a few years Given the new executive order for deportation of criminals (even if not convicted etc), am I technically deportable ? Link to comment
sam3215 Posted January 30, 2017 Report Share Posted January 30, 2017 21 hours ago, citizen2019 said: Somewhat similar situation... I have a Family based Green card. I was arrested for prostitution in 2014 (guilty,case expunged, but still shows up in FBI fingerprinting).Cant apply for citizenship for a few years Given the new executive order for deportation of criminals (even if not convicted etc), am I technically deportable ? https://www.***************.com/****************** it could be not sure even dismissed cases can get deported? Link to comment
bondkumar Posted February 7, 2017 Report Share Posted February 7, 2017 i have finally mailed my N 400 application . Link to comment
pleaseforgive358 Posted February 8, 2017 Report Share Posted February 8, 2017 hi bondkumar, please keep us update on how your citizenship goes Link to comment
bondkumar Posted February 9, 2017 Report Share Posted February 9, 2017 sure. I will keep you posted. Link to comment
Catty123 Posted March 2, 2017 Report Share Posted March 2, 2017 On 1/25/2017 at 2:20 PM, bondkumar said: I was fingerprinted. I plead no contest. found Guilty. Supervision for 3 months. (as per city ordinance this city code that i was found guilty has max penalty of 6 months and i was given 3 months supervision, no fine etc.... So i would imagine this safely falls under petty offense exception). i requested for expunging it and it was expunged as it met certain waiting period criteria. I got a letter from that police department saying all my records are expunged. i had traveled out of country 10 times after that, 2 visa stamping, green card(5 years completed). always mentioned about the arrest but never was asked about it. now comes naturalization.. i guess i am eligible but want your opinion Hi I have got City Ordinance violation in IL in 2014 (Not misdemeanor for sure as I have asked about it in the court whether it is A Misdemeanor or OV, They said if your case is starting from OV then it is City ordinance violation not a misdemeanor). My case is dismissed without any conviction within one month in 2014. I went out of country twice (NOT FOR STAMPING) but nothing showed up at POE. (I WAS FINGERPRINTED AS WELL). Got my H4 visa extension twice. But now I have to go for stamping in India so Can I get my visa stamp without any problem.? Do I have to disclose this in DS-160 OR do I have to explain the whole story to VO.? OR will I get deported for this Ordinance Violation Dismissed case which is not even a misdemeanor.? Please help!! Link to comment
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