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Visa interview after solicitation of prostitution arrest…

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Visa interview after solicitation...
Visa interview after solicitation of prostitution arrest
Submitted: 8 months ago.Category: Immigration Law
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Customer reply replied 8 months ago
Arrested solicitation of prostitution in Michigan 2015 , Pled guilty for : MCL(###) ###-#### Ordinance Viol Disorderly Person: Loitering about illegal business
After 12 month non reporting probotion and case dismissed as per delayed sentence after probotion.Ichat Report :ICHAT report before case dismissed:
Arrest Segment:CNT of 4000 Misdemeanor Commercializing Sex Disp: Warrent requsted
Judicial Segment :
CNT-1 MCL(###) ###-#### Ordinance Viol Disorderly Person: Loitering about illegal business
Disp: Plead guiltyAfter the arrest I-140 and H1B extension approved no issue.
Plan to go to home country for Visa interview. please answer below question :a)Reviewd my case details with immigration attorney and collected certified conviction report, Poilce report,FBI report , Immigration memo letter from attorney ,
its pretty offense and i am not inadmissible - please let me know do i need any additional documents.b) in Ds160 do I need to tell my final conviction loitering or original charge -soliciting prostitution - for Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action ?b) is there a chance to get my visa stamp successfully or any impact for my criminal conviction?c) Will they give me 221g during my visa interview?d) if it goes to Administrative processing, does consulate inform the employer with the reason? and what is the time priod usually for the final decision?e)Are you coming to the US to engage in prostitution or unlawful commercialized vice or have you been engaged in prostitution or procuring prostitutes within the past 10 years ? what need to answerf) IF VO ask about my arrest do i need to tell my final conviction or original arrest (soliciting of prostitution)- let me know do i need to tell all details or let let me know how to tell nice way ( i am worrying my answer will impact my visa in vo or port of entry).g) if vo ask my arrest - shall i give only certified court conviction and immigration memo letterh)if I give FBI finger ptint report -will it expedite my approval process.I) I heard if we have an arrest record consulate will send details to the court and washing DC - whether applicant having more than 1 crime - for this verification will take more than 3-4 weeks?
Answered in 11 hours by:
9/29/2017
Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 8 months ago
Laura Schonberg
Laura Schonberg, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 14
Experience: Partner at Schonberg & Timerman, P.L.
Verified

Hi, I'm an immigration attorney based in FL. You may have a serious issue applying for an immigrant visa, as soliciting prostitution is very likely considered a Crime Involving Moral Turpitude CIMT, which would make you inadmissible into the U.S.

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Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 8 months ago

The following case law is just on point for you:

https://www.uscis.gov/sites/default/files/err/H2%20-%20Waiver%20of%20Inadmissibility%20-%20Criminal%20-%20212%20(h)/Decisions_Issued_in_2009/Jul012009_04H2212.pdf

The officers at the consulate may request a waiver of inadmissibility based on CIMT, and the best strategy would be to file your application with a memo explaining why you DO NOT need a waiver (petty offense) and that the language of section 212(a)(2)(D)(ii) does not pertain to your case.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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