Criminal Law Solicitaion crime

Status
Not open for further replies.
soilcitation crime

NYclex- do this effect if you are renewing the green card, my roommate was once arrested 9yrs back for solicitation of a prostibure but i think his was only dispostion but i am not sure i will ask . do u think he will have problem in renewing his green card.

ddd


NYClex said:
The bad news is: this is considered to be a crime of moral turpitude. Conviction of a crime of moral turpitude can make you deportable or inadmissible so you need to be very careful in your next steps.

Since you say that the crime is only a misdemeanor (if it is not even only an infraction) it should have a maximum penalty of 1 year in jail. In that case you would probably qualify for an exception under the strict rules if your record otherwise is clean. In other words: it probably would not lead to a refusal of the green card.

However, the better way is to attempt to have a disposition of the case that will not count as a conviction under immigration law. Often in these minor cases it is possible to get charges dismissed or reduced to infractions etc. Therefore I would advise you to seek representation by a criminal defense lawyer who is experienced in immigration issues (not all are, so ask!) so that he might be able to find such a way.
Click to expand...
 
it depends on his record and when it happened and what happened.

An alien is removable if he committed a crime of moral turpitude with a possible sentence of one year or more within 5, or in certain cases, 10 years of admission to the US or if it is the second conviction.
 
does that mean if a person commits a crime within five year of green card and not convicted he cannot renew his green card, even though he might have a good record
other than the mistake he made like alex, if so should my friend ask to change
the charge to something else like what charge ?????
what can he do ????
 
OK well here is the new – The state attorney would in no way lower the charges so I will get a misdemeanor for this case with 24 months of probation and $150 fine. Sucks. I paid my lawyer a lot of money, and no positive result. I am a little upset and just want to reconfirm my immigration (for peace of mind):

1 Misdemeanor for solicitation or prostitution , 24 months probation and $150 fine
No prior records
Been in this country over 13 years
My case is just taking a long time because we fought deportation and got the case re-opened – So now im back to where I started from…Even though I was just a kid when all that stuff had happened.

Do I have a chance to still get my green card? Do I fall under the 1 exception that INS offers? Also, if I do get my green card, and I maintain this 1 record only and don't get into any more trouble, will I be able to become a citizen? Thanks for your response.
 
Actually, I think you never posted where the crime was committed, which state. It depends on that provision in the penal code. If the maximum penalty for it is below a year, the exception in the immigration law should apply.
 
it was in California. But in the court, they said that if its a first time offence, the max is 6 month, but if it was morethan once, the max is 1 year - Does that make sense?

Also, my lawyer for this case (who is also immigration laywer) said that it is a petty offence and i should be ok as long as i have no other convictions. I though that this was a crime of moral turpitute, so how can it be petty offence?
 
well, with petty offense he meant that it is not punishable by more than a year. Under California penal law it actually is like you said, an offense punishable by up to 6 months on the first conviction, so you should be in the clear.
 
nyclex

Does how many year in US makes a difference for this charge, also
when they say no convitciton within five years of admission, is it
the inital charge or the final judgement should not be within five year of admission.
 
The law says: "is convicted of a crime involving moral turpitude committed within five years" (Art 237 INA)

So it is the date when the crime was committed that counts
 
nyclex

even if crime is done within five years of admission and if the crime is not punisible
for more than a year like alex case or someother moral turpitude crime. person
convicted of the crime should not have any problem, is it correct.
just trying to learn law
 
NYClex,

Just wanted to thank you for your many responses concerning my situation. You do a wonderful job. I will let you know when that time comes for me to deal with the ISN regarding this matter.

Alex
 
You are welcome. I hope it all goes well.


@ddd

There is a little quirk in the law which can lead to major problems and which most people do not realize (as I am sure the lawmakers didn't realize when they made the law):

The law says ...deportable, if convicted of a crime where the penalty might be a year or more. (Art. 237 INA)

In most states misdemeanors are punishable up to one year.

I am sure the lawmakers when they made Art 237 intended to say: people convicted of misdemeanors should not be deported. Now, they said: "one year or more". This means, even if the maximum penalty is one year, this conviction can lead to deportation. You see, most people think the law says "over one year", but it actually does not.

A little quirk that can have major consequences.
 
DITO. GOOD LUCK! every body in life deseves a chance, none of us have been angels.

We all learn from our mistakes, well i did.
Then again i was very lucky and am still truly thankfull to the people that believed in me all those years ago. Blimey I am old!!!! :confused:


HOPE ALL GO's WELL.
 
nyclex

if a person is convicted of CMT and let say the crime max punishible is less than a
year, and I heard if that person is clean in the last 5yrs he can apply
for citizenship, is it true, if not what are other conditions and what would be his
chances of getting citizenship.
Just trying to learn law
 
NYClex/Alex81111

alex8111 said:
it was in California. But in the court, they said that if its a first time offence, the max is 6 month, but if it was morethan once, the max is 1 year - Does that make sense?

Also, my lawyer for this case (who is also immigration laywer) said that it is a petty offence and i should be ok as long as i have no other convictions. I though that this was a crime of moral turpitute, so how can it be petty offence?
Click to expand...

For both Alex8111 And NYClex

I was going through the documentation on criminalandimmigrationlaw.com. Looks like in California (i don't know if it makes any difference if it was a different state), solicitation for prostitution may not be considered a CIMT. The customer is not committing a CMT but a prostitue. There are no decisions holding the customer also makes CIMT, .....
You may want to check with this attorney, Norton Toobey.

NYClex - Can a CIMT be determined based on state laws also for Immigration purposes? For example, solicitation for prostitution? CIMT in Florida but not in California ?? Is it possible?? Could you please answer this question?

A link from www.criminalandimmigrationlaw.com

http://www.ilrc.org/Cal_DIP_Chart_by_section.pdf

Look for word "prostitution" ( multiple times)
 
This is a very good document. What governs in the end is a decision under federal law, either by the government or a federal court, how immigration law will be applied. But the topic of "moral turpitude" is one of the most murky topics in federal immigration practice. The board and the courts do look to the state law to find out, but they can make their independent decision.

I have not researched the issue of solicitation much, but I agree with this document that it could be seen both ways: as a CMT or not, depending how much "moral turpitude" one nowadays blames on the customer. And I would say the trend surely goes this way. Fifty years ago johns almost never even were fined, cops just jailed the prostitutes. Today often police go heavily after the johns.

If it is true what the article says, there has never been a decision about this yet, so we don't know how a court will end up seeing this crime. That's why I would always try to err on the side of caution and treat it as if it was a CMT and therefore try to find an applicable strategy for the defense.

By the way, I use such a chart, too, for reference, and in my issue (for my state) solicitation is marked as a CMT. Now, I have not researched, as one should do if one has a client, if these charts are correct and on what they are based.
 
Last edited:
alex8111

My husband and you are in the same boat!!! Please let me know what happened to your green card interview. Thanks
 
alex8111

Hi alex!! My husband and you are in the same boat!!! Please let me know what happened to your green card interview. Thanks
 
Hi there,

Obviously it sounds to me like your arrest will not stop you from getting the green card... But you will definetely need to spend quite a few Franklins for it.

Please let us know how thinks evolved in your case. It is always pleasant to read suceess outcomes and much less pleasant otherwise.

Yamaha
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top