Prostitution arrest reduced to disturbing the peace and DUI Convictions

#1
Hello to all,

I applied for N-400 application in August 2018. I had my biometric in September 2018, and now I am waiting for the interview appointment. I have been a green card holder since 1997, and renewed it without any problem in 2010, although I had been arrested for prostitution in 2001. The prostitution charge was reduce and I was convicted with disturbing the peace. I have never been arrested in the USA, before or after that incident. I reported the arrest, charge and conviction on my application. I also did get arrested and charged with DUI, twice in my native country (Canada). The arrests/charges were in 1987 and 1990. I reported those also.

My question is: What is the likelihood that I will be denied my citizenship when I go for my interview? Anyone has had experiences with similar situations?

Thank you for your help.
 
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1AurCitizen

Registered Users (C)
#2
Prostitution can be or cannot be classified as crime involving moral turpitude depending on who you ask. I doubt it's a lifetime bar, though legal minds could chime in and correct me. Since you got the green card after disclosing the Canadian arrests, those shouldn't be an issue. The n400 asks to list arrests within the past 5 years which you should be good with, but also asks HAVE YOU EVER.. where you would have to disclose the prostitution arrest. It would be a real challenge for anyone to predict the outcome of your application.

Presumably there's a reason you've waited this long as a LPR to file the n400?
 
#3
Even if the charge was Downgraded. USCIS still will see the word "Prostitution".

You would've faced a temporary bar. 5 years before you could've naturalized. It's been over 18 years. Assuming it didn't fall under aggrated felony. Which in from what you said. I don't think it did.

I'm no lawyer but you should be good. Just disclose the arrest to USCIS. Hopefully you did seeing that you already did the app.
Walk with the Disposition from that arrest. You will need it, even though it's almost 2 decades ago. Start working on getting that, it might take you longer to get that than anticipated.

Do consult with an immigration attorney if possible that way they can break it down for you, legally as far as what you're exposed too.

Don't forget to update the thread once your journey is completed. Helps future posters with similar questions.
GL
 
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#4
Hello Jbuff and 1AurCitizen and thank you for your replies.

Actually, I haven't gotten my appointment as of yet. I am still waiting. But, I did disclose the arrests.

The charge was not a felony, it was a misdemeanor. Also, I already have the disposition in hand. I made sure I had all the paperwork needed before I even considered applying for the N-400.

I waited this long to apply, because honestly, being Canadian I never felt the need to become an American. But, being married to my lovely husband has changed my views. Being an American Citizen makes legal documents a lot less complicated. And, I want to VOTE in 2021!

I was also wondering can the Immigration Officer ask me questions about the arrest and what was the circumstances that got me arrested? Where? When? Etc?
 
#5
Hello Jbuff and 1AurCitizen and thank you for your replies.

Actually, I haven't gotten my appointment as of yet. I am still waiting. But, I did disclose the arrests.

The charge was not a felony, it was a misdemeanor. Also, I already have the disposition in hand. I made sure I had all the paperwork needed before I even considered applying for the N-400.

I waited this long to apply, because honestly, being Canadian I never felt the need to become an American. But, being married to my lovely husband has changed my views. Being an American Citizen makes legal documents a lot less complicated. And, I want to VOTE in 2021!

I was also wondering can the Immigration Officer ask me questions about the arrest and what was the circumstances that got me arrested? Where? When? Etc?
They can ask any question they deem necessary. But they usually just stick to the facts stated on the documents you provided. "Disposition"
 

1AurCitizen

Registered Users (C)
#6
Based on the documentation that you say you have, and the fact the charge was a misdemeanor and not a felony, you should be good to apply. Interviewing Officers have the discretion to ask about the charges, but they may chose not to if they otherwise deem you of good moral character since 2001.

And the next national US election is in November 2020, you are off by a year haha :) If voting is important to you, hopefully you will have enough time after the citizenship oath to register. You have to register to vote, and registration deadlines vary by State. So keep that in mind depending on the State you live in.
 
#7
Based on the documentation that you say you have, and the fact the charge was a misdemeanor and not a felony, you should be good to apply. Interviewing Officers have the discretion to ask about the charges, but they may chose not to if they otherwise deem you of good moral character since 2001.

And the next national US election is in November 2020, you are off by a year haha :) If voting is important to you, hopefully you will have enough time after the citizenship oath to register. You have to register to vote, and registration deadlines vary by State. So keep that in mind depending on the State you live in.

Thanks for the correction 1AuCitizen! I will keep you guys informed on my case. For now, I wait for the Interview appointment, and study the civic questions. According to USCIS my case should be completed by September 2019, just in time to register for the elections.
 
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