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Thread: Trouble with the Law

  1. #1
    I am an LPR. Recently i was arrested for patronizing a prostitude. My case was handled in the community court, since i didnt have any previous criminal history, where I did community service and took some classes, and it was dismissed. I was never convicted of anything or am on any type of probation. Will this affect, if any, my citizenship application?

  2. #2
    I am an LPR. Recently i was arrested for patronizing a prostitude. My case was handled in the community court, since i didnt have any previous criminal history, where I did community service and took some classes, and it was dismissed. I was never convicted of anything or am on any type of probation. Will this affect, if any, my citizenship application?

  3. #3
    You truly are STUPID! Yes, it will effect any future application for citizenship....and might even put your LPR status at risk. If you did community service, then that was your sentence, and you were convicted.

    Innocent people don't do community service.

    In any event, the rules are different for immigration purposes...regardless of how the state handles the crime.

  4. #4
    It could well do. Prostitution (supply or demand) is considered a CIMT. I would consult with a lawyer versed in both immigration and criminal law before applying for Naturalization. Be aware even if you decide not to apply, when you come to renew your GC, they will find out about the crime and it might jeopardize your GC.
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  5. #5
    Before the case was dismissed, did you admit to the essential elements of the crime? If yes, then you could have a problem, but although there is no record of a conviction, the arrest and dismissal are part of the record, which you must report on your naturalization application.

  6. #6
    Federale, thanks for your response. I was arrested and got out of jail in about 6 hrs due to the fact that i dont have a crimal history. at my arraingment i didnt plead guilty or take the plea offered to me by the city because i had retained my friends father as my attorney.

    i got letter from friends and family, to show that i had gotten a divorce in the past year, my best friend had committed suicide, and my job wasnt the most secure. to make a long story short, that was submitted to the city attorney and she was nice enough to recommed the case be transfered to community court instead of the criminal. i did some community service, take classes they wanted to take, and once all that was done the judge dismissed my case. so i was told that i can say i was arrested but never convicted.

    the community court is intended for first time offenders or people being at the wrong place at the wrong time. so that being said, i am just wondering if that will hurt my naturalization case. i did receive (2) MIPs (minor in possision of alcohol) in college but that was over 7+ years ago. anyways, do you know what the best and worst case senerio is for me?

    Thanks in advance.

  7. #7
    The important thing is what did you agree to in order to get this process. In federal cases, the subject must plead guilty to get what is called diversion. It goes like this. The subject admits he committed the crime, the US Attorney's Office agrees to diversion, meaning that in one year if there are no problems, the case is then dismissed, the subject is on a probation status for that year. If somethign happens, then the original guilty plea is used as the final plea.

    In many state courts the process is similar, plead guilty, wait one year, then case dismissed.

    For immigration law, the admission and plea of guilty can be used, because for deportation for criminal conviction, it also includes the government being able to prove the essential elements of a crime if there was no conviction. An admission in court that the crime was committed fulfils proving the essential elements of the crime.

    An ISO reviewing your case after a naturalization application could deny based on this and set you up for removal.

    Best bet is to never apply for naturalization.

  8. #8
    i didnt admit guilt nor was i put on a one year probation at which my case would be dismmissed. it was dismissed right away (in two week after i took these classes and did 16hrs community service). i know what you are saying about the one year thing, but that was offered to me initially but, like i said, the city attorney must have felt sorry for me and refered my case to community court. i dont know if you are familiar with it because i dont think its offered everywhere, but here it is. so i am thinking its a slap on the wrist but i hope this slap isnt hard enough to cut off my wrist when it comes to naturailization.

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by antivirus:
    i didnt admit guilt nor was i put on a one year probation at which my case would be dismmissed. it was dismissed right away (in two week after i took these classes and did 16hrs community service). i know what you are saying about the one year thing, but that was offered to me initially but, like i said, the city attorney must have felt sorry for me and refered my case to community court. i dont know if you are familiar with it because i dont think its offered everywhere, but here it is. so i am thinking its a slap on the wrist but i hope this slap isnt hard enough to cut off my wrist when it comes to naturailization. </div></BLOCKQUOTE> well , things a cousing of mine did that about 10 years ago and he was in jail for a few hours ,then later he applied for residency in 2001 under 245 I and that was not a problem , times have changed but I don't think you should have any problem . Go to church and stop dating prostitutes , try to find a woman . there are deceases that you can get dating prostitutes . Good luck .

  10. #10
    antivirus, the other thing with CMT's and immigration is that it's not what you got sentenced to that counts - it's what you COULD have gotten sentenced to. In one case here, USCIS considered the payment of a fine (given via a ticket with no court appearance) an admission of guilt and put the person in question through the wringer for years.

    Best advice - you really should speak to a reputable immigration attorney about this one prior to making any applications (whether it be naturalization or green card renewal). We're just laymen (and at least one preacher).
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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