Anyone arrested with an CIMT?

Every arrest is not the same. Some have community service as the punishment and some have lots of problems. Were you booked? Were you fingerprinted? Was it a warning and you were let go? You have to tell us the details.
 
Yes! I was fingerprinted 3 weeks later but not jailed, and then I appeared on the front of a judge and pleaded gulty without knowing the immigration consequences. She fined me and sent me on 16 hours community service and also 6 months probation. I have been with no arrest for about 6 years and I planning to file my I-485. Please Help.

Thanx!
 
tbarry said:
Yes! I was fingerprinted 3 weeks later but not jailed, and then I appeared on the front of a judge and pleaded gulty without knowing the immigration consequences. She fined me and sent me on 16 hours community service and also 6 months probation. I have been with no arrest for about 6 years and I planning to file my I-485. Please Help.

Thanx!
Click to expand...

See an attorney and get his/her advice. Do not file anything with immigration without legal representation.
 
thankful said:
See an attorney and get his/her advice. Do not file anything with immigration without legal representation.
Click to expand...

I don't think an attorney involvement is necessary for this unless it's a big crime. I knew a person who once been arrested for selling beer to a minor & spent the night in jail than got bailed out. He went to the court & pled guilty & later fined. But during his citizenship he was asked to bring all those papers from the court house saying he took care of it & no warrant or nothing outstanding fines are pending. Now it all depends what's the crime as Want mentioned. Ofcourse murder & selling beer to a minor don't count the same way that we all know well.
Atique.
 
you should be fine..

tbarry said:
Yes! I was fingerprinted 3 weeks later but not jailed, and then I appeared on the front of a judge and pleaded gulty without knowing the immigration consequences. She fined me and sent me on 16 hours community service and also 6 months probation. I have been with no arrest for about 6 years and I planning to file my I-485. Please Help.

Thanx!
Click to expand...
 
Hey guys,
I was searching on USCIS website handbooks and I found this:

Prostitution. Per section 101(f)(3) of the Act and 8 CFR 316.10(b)(2)(vii), an applicant who has been involved with prostitution or commercialized vice as described in section 212(a)(2)(D) of the Act is precluded from establishing good moral character. Solicitation of a prostitute is not the same as procurement for purposes of prostitution as used in section 101(f)(3) of the Act. See Chapter 74.2(g) question 12 part (D) for additional discussion of prostitution.


D) Been a Prostitute or Procured Anyone for Prosecution or Procured Anyone for Prostitution? If during the statutory period, an applicant was involved in prostitution or commercialized vice he/she is considered ineligible for naturalization. Section 101(f)(3) of the Act discusses persons described in 212(a)(2)(D) of the Act and 8 CFR 316.10(b)(2)(vii). See also Chapter 73.6 of this manual.

Solicitation of a prostitute is not the same as procurement for purposes of prostitution as used in INA 101(f)(3). See Matter of Malone, 11 I&N Dec. 730 (BIA 1966) (citing U.S. ex rel. Mittler v. Curran, 8 F.2d 355 (2nd Cir. 1925); Mirabal-Balon v. Esperdy, 188 F. Supp. 317 (S.D. NY 1960); Matter of T, 6 I&N Dec. 474 (BIA 1955).


I was arrested as soliciting or patronizing prostitution.
Can you read this and tell if I'm still fine.
I appreciated guys!
 
You are pretty dumb to ask strangers on a chat room (for most of whom English is the second language) to interpret for you the criminal provision of the immigration law!!!!!!!

Every time you have a criminal issue that has
immigration law implications you should obtain legal counsel. This area of the law has become insanely complicated since 1996.
 
tbarry said:
Hey guys,
I was searching on USCIS website handbooks and I found this:

Prostitution. Per section 101(f)(3) of the Act and 8 CFR 316.10(b)(2)(vii), an applicant who has been involved with prostitution or commercialized vice as described in section 212(a)(2)(D) of the Act is precluded from establishing good moral character. Solicitation of a prostitute is not the same as procurement for purposes of prostitution as used in section 101(f)(3) of the Act. See Chapter 74.2(g) question 12 part (D) for additional discussion of prostitution.

D) Been a Prostitute or Procured Anyone for Prosecution or Procured Anyone for Prostitution? If during the statutory period, an applicant was involved in prostitution or commercialized vice he/she is considered ineligible for naturalization. Section 101(f)(3) of the Act discusses persons described in 212(a)(2)(D) of the Act and 8 CFR 316.10(b)(2)(vii). See also Chapter 73.6 of this manual.
Solicitation of a prostitute is not the same as procurement for purposes of prostitution as used in INA 101(f)(3). See Matter of Malone, 11 I&N Dec. 730 (BIA 1966) (citing U.S. ex rel. Mittler v. Curran, 8 F.2d 355 (2nd Cir. 1925); Mirabal-Balon v. Esperdy, 188 F. Supp. 317 (S.D. NY 1960); Matter of T, 6 I&N Dec. 474 (BIA 1955).
I was arrested as soliciting or patronizing prostitution.
Can you read this and tell if I'm still fine.
I appreciated guys!
Click to expand...
you way out is to go back and change the plea to "not guilty"..by law you can do that..then hire attorny to change or reduce the charge.
below is useful link..not only for you but for everybody..read about ELENA ,the asylee and the russian citizen and what happen to her while waiting for adjustement of status..
http://lib.store.yahoo.net/lib/aila/KramerPreface.pdf
 
tbarry said:
Hey guys,
I was searching on USCIS website handbooks and I found this:

Prostitution. Per section 101(f)(3) of the Act and 8 CFR 316.10(b)(2)(vii), an applicant who has been involved with prostitution or commercialized vice as described in section 212(a)(2)(D) of the Act is precluded from establishing good moral character. Solicitation of a prostitute is not the same as procurement for purposes of prostitution as used in section 101(f)(3) of the Act. See Chapter 74.2(g) question 12 part (D) for additional discussion of prostitution.


D) Been a Prostitute or Procured Anyone for Prosecution or Procured Anyone for Prostitution? If during the statutory period, an applicant was involved in prostitution or commercialized vice he/she is considered ineligible for naturalization. Section 101(f)(3) of the Act discusses persons described in 212(a)(2)(D) of the Act and 8 CFR 316.10(b)(2)(vii). See also Chapter 73.6 of this manual.

Solicitation of a prostitute is not the same as procurement for purposes of prostitution as used in INA 101(f)(3). See Matter of Malone, 11 I&N Dec. 730 (BIA 1966) (citing U.S. ex rel. Mittler v. Curran, 8 F.2d 355 (2nd Cir. 1925); Mirabal-Balon v. Esperdy, 188 F. Supp. 317 (S.D. NY 1960); Matter of T, 6 I&N Dec. 474 (BIA 1955).


I was arrested as soliciting or patronizing prostitution.
Can you read this and tell if I'm still fine.
I appreciated guys!
Click to expand...

It says neither. It basically says, that if someone is a prostitute or a pimp, than they are in big trouble as far as immigration goes. It also says, that solicitation of a prostitute is not looked at the same way (good news). However, it doesn't say more and refers to that "Matter of Malone". You can do more research.
If you are not comfortable reading law language, I recommend finding a certified immigration lawyer.
 
jubilee said:
you way out is to go back and change the plea to "not guilty"..by law you can do that..then hire attorny to change or reduce the charge.
below is useful link..not only for you but for everybody..read about ELENA ,the asylee and the russian citizen and what happen to her while waiting for adjustement of status..
http://lib.store.yahoo.net/lib/aila/KramerPreface.pdf
Click to expand...


Hi Jubilee,

This example of criminals you gave here are felonies, auto theft,passession of cocaine or drug and credit card fraud are not comparable to a solicitation of prostitute, they are criminal and I am just trying enjoy and satisfy natural need.

I know it's does not matter to the Immigration ,but mine is a misdemeanor class B with up to 6 months in jail, by the way I did not do any jail time.

So I am trying to said here that I'm not a criminal like those discribe on your link.
Thanx anyway for your thought.
 
tbarry said:
Hi Jubilee,

This example of criminals you gave here are felonies, auto theft,passession of cocaine or drug and credit card fraud are not comparable to a solicitation of prostitute, they are criminal and I am just trying enjoy and satisfy natural need.

I know it's does not matter to the Immigration ,but mine is a misdemeanor class B with up to 6 months in jail, by the way I did not do any jail time.

So I am trying to said here that I'm not a criminal like those discribe on your link.
Thanx anyway for your thought.
Click to expand...
no ..you not criminal..and I'm so sorry if I hurt your feeling. I was trying to show you how stupid can be for an alien to plead guilty for any charge (even minor charge) without knowing the immigration consequences..and how you can fix the problem by going
back and reduce the charge.
how did you know that your charge was CIMT ?
matter fact only immigration judge can determine if the crime was CIMT or not...and put on your mind the fact that there is no statutory definition of a crime involving moral turpitude..
in sex crime ,it's very difficult to said the offense involved moral tupitude..espically for immigration purposes because the presence of violence have to be a present factor or clear element during the offense..and remember the elements of the offense determine the nature of the crime.
you can apply for waiver and adjust your status.
 
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