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Thread: Removal for Arrest

  1. #1
    I am from China and I came here in Oct. 2004 as a spouse of a refugee (RE2). I was arrested for misdemeanor prostitution and felony unlicensed practice of healthcare (massage). I pled to a misdemeanor of unlicensed healthcare, the prostitution was dropped. Now I am faced with removal because of arrest for prositution. The paper says I am "subject to removal under Section 237(a)(1)(A) in that at the time of entry or adjustment, she was inadmissible because she engaged in prostitution within 10 years of the date of visa, admission, or adjustment under Section 212(a)(2)(D)(I)."

    My husband was granted asylum and wihold of deport in 1999. He has filed an I-485 application. Do I have any defense to the removal charge? If I lose the hearing, what forms of relief should I apply for?

  2. #2
    I am from China and I came here in Oct. 2004 as a spouse of a refugee (RE2). I was arrested for misdemeanor prostitution and felony unlicensed practice of healthcare (massage). I pled to a misdemeanor of unlicensed healthcare, the prostitution was dropped. Now I am faced with removal because of arrest for prositution. The paper says I am "subject to removal under Section 237(a)(1)(A) in that at the time of entry or adjustment, she was inadmissible because she engaged in prostitution within 10 years of the date of visa, admission, or adjustment under Section 212(a)(2)(D)(I)."

    My husband was granted asylum and wihold of deport in 1999. He has filed an I-485 application. Do I have any defense to the removal charge? If I lose the hearing, what forms of relief should I apply for?

  3. #3
    I suspect you are out of luck. You can see a lawyer but...Prostitution is on the "no chance you get in" list.

  4. #4
    There's always 212(h) relief but your spouse would have to be a legal permanent resident or USC. Since you do not hold special equity, you're not eligible for special considerations under 212(h).
    However, an arrest is evidence of nothing. In criminal court the jury is instructed to judge on evidence produced at trial and discard all suspicion coming from arrests or imprisonment. An arrest without a conviction or a plea to a related, contained offense is not enough to support a finding. If you want representation you should contact an attorney, a message board is not a proper place to obtain legal advice. This is NOT legal advice.

  5. #5
    Was the prostitution charge dropped or the sentence reduced or commuted?
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  6. #6
    The prositution count was dropped in exchange for plea to massage without a license

  7. #7
    If I lose my individual hearing, will I be reset for a relief hearing so I can go find an attorney to fill out the appropriate relief forms?

  8. #8
    The prositution count was dropped in exchange for plea to massage without a license
    Who did you massage?

  9. #9
    How sad that people can laugh and make jokes at others facing hardships.

    And those of you that bring to our attention that "this is NOT legal advise", WAKE UP!
    This is called a "discussion board" for a reason. What better way to gather information than sharing your problems with others with similar problems.

    jth2112 - ignore the negatives and pay attetion to the positives. Freedom of speech is a great thig, but sometimes you want to put a sock in it.

    Good luck to you!!!

  10. #10
    Does anyone know of an immigration attorney in the Orlando area?

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