URGENT: applying first time for B2 visa but have been arrested for prostitution

T

truekane

New Member
hi
some time end of 2009 i worked as an exotic message therapist. how i got to work as one is , i found a job add in the paper looking for people who wanted to be message therapists at an up and coming spa and they provided training. when i got there for my interview i was informed there were no more spots in the spa but in the other department, as i was in desperate need for i job i accepted. we had to work in our lingerie. the owner said he would put me in the spa as soon as a spot opened and that the exotic message was legal. about 3 weeks later i was arrested ( for the first time) for prostitution of another form. i went o court and pleaded guilty as advised by lawyer. i was not convicted but told to pay a fine, the police used me as a witness to make a statement against the owner of the business leading to his arrest. now my question is i want to apply for a visitor visa and one of the questions asked if i had been arrested, i answered yes, do you think they will consider my case, my interview at the consulate is in 5 days, i am so scared, i had no intention of breaking the law, can you help me in what i can do.
 
What country was this in? Can you find and quote the law under which you were fined? You first need to determine if it is actually a ground of inadmissibility.

[Substitute Secretary of Homeland Security for Attorney General]

INA 212(a)(2)

(D) Prostitution and commercialized vice

Any alien who--
(i) is coming to the United States solely, principally,
or incidentally to engage in prostitution, or has engaged in
prostitution within 10 years of the date of application for
a visa, admission, or adjustment of status,
(ii) directly or indirectly procures or attempts to
procure, or (within 10 years of the date of application for
a visa, admission, or adjustment of status) procured or
attempted to procure or to import, prostitutes or persons
for the purpose of prostitution, or receives or (within such
10-year period) received, in whole or in part, the proceeds
of prostitution, or
(iii) is coming to the United States to engage in any
other unlawful commercialized vice, whether or not related
to prostitution,

is inadmissible.

INA 212 (d) Temporary admission of nonimmigrants [file form I-192]

(3)(A) Except as provided in this subsection, an alien (i) who is
applying for a nonimmigrant visa and is known or believed by the
consular officer to be ineligible for such visa under subsection (a) of
this section (other than paragraphs (3)(A)(i)(I), (3)(A)(ii),
(3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of
such subsection), may, after approval by the Attorney General of a
recommendation by the Secretary of State or by the consular officer that
the alien be admitted temporarily despite his inadmissibility, be
granted such a visa and may be admitted into the United States
temporarily as a nonimmigrant in the discretion of the Attorney General,
or (ii) who is inadmissible under subsection (a) of this section (other
than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and
clauses (i) and (ii) of paragraph (3)(E) of such subsection), but who is
in possession of appropriate documents or is granted a waiver thereof
and is seeking admission, may be admitted into the United States
temporarily as a nonimmigrant in the discretion of the Attorney General.
The Attorney General shall prescribe conditions, including exaction of
such bonds as may be necessary, to control and regulate the admission
and return of inadmissible aliens applying for temporary admission under
this paragraph.

INA 212 [the immigrant waiver provision]

(h) Waiver of subsection (a)(2)(A)(i)(I), (II), (B), (D), and (E)

The Attorney General may, in his discretion, waive the application
of subparagraphs (A)(i)(I),
(B), (D), and (E) of subsection (a)(2) of this section and subparagraph
(A)(i)(II) of such subsection insofar as it relates to a single offense
of simple possession of 30 grams or less of marijuana if--
(1)(A) in the case of any immigrant it is established to the
satisfaction of the Attorney General that--
(i) the alien is inadmissible only under subparagraph (D)(i)
or (D)(ii) of such subsection or the activities for which the
alien is inadmissible occurred more than 15 years before the
date of the alien's application for a visa, admission, or
adjustment of status,
(ii) the admission to the United States of such alien would
not be contrary to the national welfare, safety, or security of
the United States, and
(iii) the alien has been rehabilitated; or

(B) in the case of an immigrant who is the spouse, parent, son,
or daughter of a citizen of the United States or an alien lawfully
admitted for permanent residence if it is established to the
satisfaction of the Attorney General that the alien's denial of
admission would result in extreme hardship to the United States
citizen or lawfully resident spouse, parent, son, or daughter of
such alien; or
(C) the alien is a VAWA self-petitioner; and .......
 
The arrest was in queensland australia, I am not sure what law it was but I was charged with prostitution of another form, I was not convicted and the case was dismissed, I wanted to obtain the records but I ended up ordering a fingerprint certificate which is being sent out to the consulate
 
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