Citation for 647(b) Solicit Prostitution in CA

[century]

Pleaseforgive358 what id your email id? I will respond to that thanks

[century]

Pleasedorgive358: the conviction for california misdeamnour is now max sentence is 364 days instead of 365 days, hence not deportable according to new law SB 1310 and PC 18.5. If sentence is less than 180 days it comes to petty offense exception. Hence is admissible too..

So i can go for plea bargain and get the charges reduce to infraction and hence no immigration issues..

I am pretty much saved from being deported bec of the new law which came in CA january 2015.

[pleaseforgive358]

That's good to know. Hope it works for you. Has your length of stay been over 5 years? 

are you planning to go for stamping? pleaseforgive358/inboxkom

[century]

Pleaseforgive358: Its less than 5 years. New CA law will help me from not deporting. If case not charged by DA before court arriangement then i am not convicted and will have clear records.

Iam not planning to go for stamping in next 2 years.

The lawyer told there are many ways to resolve this issue without any issues with visa/GC/ immigration. Tell your lawyer to get a good deal with court since its your first offense.

Reply if u have questions keep in touch.

Whats your email?

[pleaseforgive358]

century, I am waiting to hear from you at inbox. Or you probably haven't understood what I wrote. Nevermind. Let me know updates on your case.

[korrupraveen]

 

On 12/28/2013 is a bad/black day in my life , I got arrested by Philadelphia department of police on a sting operation in a hotel. When I was arrested, i got tensed and hided my identity and haven't disclosed my correct name and DOB. I gave my name as XXXXX /DOB as DD/MM/YYYY.

 

They took my finger prints, Photos, IRIS scan on that night and produced me before the judge next morning and he charged me under the below sections 902 and 5902 (Misdemanor 1) and asked me to appear in front of the court on January 9th 2014. Even though, I disclosed my correct name in front of the judge, My alias name(XXXXX) given at the time of arrest is appearing every where in the court documents.

 

I hired a Criminal Lawyer and went to the court, During Pre-trial, My Lawyer told me that the judegement could be around 200$ penalty fees and 12 hour community service in AMP. If you are okay, We can go with it or else will try to defend the case and reduce the charges. At that point of time, I was completely tensed and had a fear that they can put me in jail and deport me from USA. So, I agreed to what ever he told without proceeding further to defend my case.

 

So, Court agreed without any issue and asked me to finish the community work , penalty fees by February last week to withdraw or dismiss the charges.

 

I paid my penalty fees and completed my community work on time and the charges got dismissed/withdrawn from the court on February month end 2014.

 

As, I am eligible for expungement of records, I hired TPA to do that for me and it was completed.

 

In the expungement, Details are like this.

 

Petitioner Name :  AAAAAA (My name is appearing)

Alias Name         : XXXXX(name i wrongly mentioned during the arrest)

petitioner DOB is :  MM/DD/YYYY ( This is the DOB which i gave for Alias, DOB of petitioner is different)

Petitioner SSN :  Correct SSN number

 

Since, I am working and wants to be safer side, I cleared my case records in all the 600 private Background check databases. This is also completed.

 

 

Now, These are all the questions I have. I have a H1B Visa interview is coming up.

 

1) Since,  Alias name is appearing all the places, But, My original name is also linked in the expungement, Finger prints , IRIS Scan and photo is also there, I am scared and worrying what is the future for me to go to USA again?

 

2) In DS-160, There is a place to answer yes/no for 'Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action? '

what I need to mention?

 

3) How good are the chances for me in getting H1B visa if I go for stamping now?

 

4) I have all the documents 'arrest records/case dismissal/expungement/record clearance in the databases'. Not sure, How to explain them about my alias name/dob issue.

 

5) Looking for your help in this regard as I am planning to appear the H1B visa interview some time in the month of October.

 

6) As it is the only issue in my records, is there any chances that they will excuse and grant Visa?

 

7) If Visa comes, what will happen if my fingerprints matches the one which I gave during the arrest time? Will they detain me in POE and send me back? If I answer everything honestly will they excuse me ?

 

8) Since the arrest is not with my name, I can say i am not arrested? 

 

9) How to know, If my original name is linked with the finger prints or not?

 

 

Can anyone in the group help me out please ..plase plzzzzzzz

[pleaseforgive358]

Century, does arrest mean charged?

Even if the DA does not charge isn't the arrest record still present?

Even in case of user: ramamuthulla there was no charge by DA yet he says his H1B was rejected at interview. pleaseforgive358_inbox_com. Even after answering your question multiple times in the correspondences if you still don't get it then forget it!! Why can't you give out yours? Can't you understand a simple hint?   

[pleaseforgive358]

korrupraveen,

my opinions:

1) I wonder if there could have been a separate potential charge for providing false identification: Pennsylvania section 4914. Grading: Misdemeanor of third degree. Now even if you have not been charged. Think about what your answer to the question where it is asked: "have you committed any other crime for which you have not been charged or arrested?" something like that will be. If you say no, in the future when you are at GC/citizenship stage this could go against you -- willfully providing wrong information to gain benefits. This is a trap. Talk to an experienced immigration attorney before you fill out DS-160. Besides lets be realistic I am surprised how you got away with the false identification. Also, talk to an attorney and find out which is a bigger issue: the arrest or the giving fasle identificqtion.

2) Yes

3) Can't say. Go to an Immigration attorney

4) Don't know. Your answer should be framed by an attorney. Read my previous post. Never TALK without an attorney. Anything you say can be used against you. You have a right to remain silent if asked.

5) Start planning as soon as possible. Keep us updated . The attorney might tell you to not leave the country. But if you have to go you have to go. This is not everything in life there are more important things.

6) I hope so. A lot of people say 2 counts of CIMT with the max jail less than 365 days and with punishment of less than 6 months is pardoned. Look up the exact wording I am just giving you something to lookup. Thisis for GC interview/ adjustment of status.

7) Even if visa is granted there can always be a secondary inspection for this. This WILL show up. Nothing is expunged for immigration purposes. What you say during secondary inspection has to be prepared by an attorney.

8) Hell no! Be truthful.

9) search this: Freedom of Information Act (FOIA) Request

 

questions to you:

1) what is your length of stay in us?

2) what is your perm/gc stage?

3) how could you get the records expunged so soon? can you please guide? I want to do the same.

 

please keep us updated. I have put somethings in my previous correspondences to smart guy Mr. Century. He keeps asking the same damn thing. if you are intelligent enough do "that" - inbox me. Thanks, pleaseforgive358

[rahul412]

 

8) Since the arrest is not with my name, I can say i am not arrested? 

 

9) How to know, If my original name is linked with the finger prints or not?

Don't try to act too smart, you have been arrested once and don't try to do it again.

Just do some google search about finger prints, then you will know the reason why they took your finger prints at that time.

Though you didn't say your name at that time, officials can know that it was you once they scan your finger prints.

[century]

Pleaseforgive358:

Arrest means not charged.

Charged means your case has been filed by the DA in court. You will get a letter from DA office if they are planning to go ahead with filing charges against you. This letter will have court date to appear.

If your case is dropped completely before court date and you recieve no letter from DA but your personal hired lawyer knows about this then you are safe no need to expunge records.

Arrest will appear to uscis. But if you are not convicted for the cimt charge then you are safe you are eligible for getting GC , visa and no problems at POE. There will be questions at poe tell them truth.

My email is : vivkris123 gmail com

[deshpremi]

My views:

1. If the state has good evidence, it will be hard for u to get the charges reduced.

2. Best case scenario will be get a pretrial diversion and get the case dismissed that way. Implications will be, job background searches will reveal ur arrest. But won't show up the charges. For that company has to get it directly from the courts. Some companies won't do it unless it's a conviction as its time consuming. Pretrial diversion wont be a conviction.

3. Getting a security clearance job will be impossible

4. There could be extra screening at POE. That depends. One of my friends was not screened. It may depend on the officer.

5. As time passes by, it will be easier to get jobs. For example, after 7 years, usually companies ignore arrest records. Especially in CA, companies cannot ask about non convictions (not very sure abt this. But got this info for a good source).

[century]

LVNM thanks for your post.

If i can get my case reduced to infraction disturbing the peace before court appearence will that save me from conviction?

[century]

Does one single arrest record cause h1 stamping issues in india?? If not convicted by court still will there be issues like 221g?

[JoeF]

8) Since the arrest is not with my name, I can say i am not arrested? 

 

 

No. Hiding a material fact can result in a lifelong ban.

They have all the information, linking your real name and the alias.

Things are never expunged for immigration.

And you have to list your alias on all future immigration applications.

Again, a lie can result in a lifelong ban.

[deshpremi]

Just tell them the truth, agree to the immigration officers that it was ur mistake and u r remorseful. It shouldn't be a problem. Are you with a consultancy or a direct employer? Hopefully you wouldn't have any issues with your employer.

[century]

I am with full time employer US comp. where u arrested and fingerprinted? Did u seal your arresr record?

[rockygo]

Hi century & e.t all,

Were you guys able to get H1B stamping or had to face issues ? I'm in similar case but was given citation and was not booked nor had finger printed at station, i've a date 2 months from now and my attorney is saying most likely the case will be dismissed. Just making me anxious and nervous.

[sam3215]

22 hours ago, rockygo said:

Hi century & e.t all,

Were you guys able to get H1B stamping or had to face issues ? I'm in similar case but was given citation and was not booked nor had finger printed at station, i've a date 2 months from now and my attorney is saying most likely the case will be dismissed. Just making me anxious and nervous.

which state and city this happened?

no issues for stamping, only a slight delay.

are u going for stamping?