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Marc
Marc, Attorney at Law
Category: Immigration Law
Satisfied Customers: 125
Experience:  Experienced Attorney
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I got arrested on april 2015 in tx for a charge of

Customer Question

Hi..
i got arrested on april 2015 in tx for a charge of prostitution (misdemeanor B). It has been almost 18 months since that happened and my case has not been filed at all.. i am from nepal and came here as a exchange student. Right now i am out of status and the uscis offered tps to nepal last year .. I didn't apply for tps last year but they extended the program this year again. My question to you is
should i apply for tps with the criminal case in my history pending?? In the form there are lots of question about criminal history. Can i answer no on them since my case has not been filed? I was also thinking of applying for asylum.. will that be possible with the case still pending or should i wait to do it after april of 2017 ?? It will be two years on april of 2017 and after that the state of tx cannot prosecute me on my case.. would really appreciate your answers
Submitted: 17 days ago.
Category: Immigration Law
Expert:  Marc replied 17 days ago.

Hello. My name is Marc. I'm a licensed attorney and I will be happy to answer your questions.

I can certainly appreciate your dilemma and anxiety here. The bad news is that you must disclose your arrest in your application. The good news is that it should not cause your application to be denied. Also, there is no need to wait until April.

When answering the questions in Part 4 (Eligibility Standards), DO NOT answer yes to any question that asks if you have been CONVICTED of any offense. However, you must answer YES to those questions that ask if you have ever been ARRESTED.

However, even if you were actually convicted, prostitution would not be a basis for denial of your TPS. Take a look at the attached I-601 instructions on Page 11. As you will see, according to item D, prostitution is the type of offense that can be "waived." Meaning, even if your TPS is denied, you can have the decision reversed by submitting the I-601 and providing the necessary proof stated on Page 11. The fact of the matter is, however, the TPS likely won't be denied in the first place, since you were only arrested and not convicted.

There's no benefit in waiting until April. If you file now, for example, and you are denied, you will have to submit an I-601. But your chances of being denied after April would be the same because, whether you file now or after April, the fact that you were arrested will not change. Since the chances of denial are the same and the action you have to take after denial are also the same whether you apply now or after April, you might as well do it sooner rather than later.

By the way - if the state finally does decide to prosecute you before April, do not plead guilty without consulting a lawyer! You may be able to have the charge reduced to a mere violation, such as disorderly conduct. Still, remember - even if you are convicted, prostitution is not a basis for denial. At worst, it would just require a bit more time if you have to file an I-601.

I wish you much luck and happiness in the US! And I hope my answer helps you to better understand your issues and options. If so, please be sure to rate my answer, since that is the only way I can receive credit.

Kind regards,

Marc

Customer: replied 17 days ago.
Will i be on removal proceeding if they deny my tps?
Expert:  Marc replied 17 days ago.

No - denial of TPS does not subject you to removal IF you are currently in the US legally. Assuming your current status is legal, denial of TPS would make you "inadmissible" but not "deportable." This means there would be no removal proceeding. But it also means that, if you left the US after becoming inadmissible, you could be denied admission back into the US for being inadmissible.

So, if your status is currently legal, then applying for TPS will not result in removal even if it's denied.

I hope this is encouraging for you.

Customer: replied 17 days ago.
No sir.. i am not going to school anymore so i am put of status or not legal which is making me kind of unsure
Expert:  Marc replied 17 days ago.

I see. Thanks for the additional info. And sorry I neglected your initial question, where you already mentioned that your currently not legal.

In this case, it would be wise to retain an immigration attorney. In your situation, one way to resolve the problem would be to simply return to your country, then come back to the US with a new legal status. That is clearly not possible in your case, however. Still, the whole purpose of TPS is to protect eligible immigrants from danger in their home countries. Therefore, it does not make sense for one to be in danger of being deported to a dangerous country simply because one applied for TPS, which is meant to protect them from the dangerous country.

For this reason, while denial of TPS would render you inadmissible, it is still unlikely that it will result in removal because the TPS program specifically recognizes Nepal as a designated country.

The reason I recommend an attorney is that you need someone who can ensure proper timing and completion of the application so that (1) it will not be denied and (2) if it is denied, the decision will be reversed upon filing of the I-601. I understand that it costs money that you might not have. But you should be able to find one who can assist you for a fee that you can afford. It will be well worth it.

Customer: replied 17 days ago.
Thank you
Expert:  Marc replied 17 days ago.

You're most welcome. I wish you much luck and happiness in the US.

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