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Thread: N-400: patronizing a prostitute in 2003: charges dismissed

  1. #1
    Hello guys,

    Got GC through marriage in 2001
    Got condition removed in july 2003.

    Made a mistake in life and got charged with patronizing a prostitute in Aug 2003. got notice to appear in court and through lawyer got a pretrial diversion with no plea and charges got dismissed in aug 2004. No jail time or sentencing.
    Wife supported me and everything is fine and we have a family with 2 kids now.
    Couple of questions:
    1. Should I apply through 3 yrs rule or 5 yr rule. I am ok with both since marriage and family is good. the incident happened 6 yrs ago so should not affect the moral character requirement to period.
    2. on form there is one question: were you ever put into rehab or alternative sentencing? IS pretrial diversion considered as a alternative sentencing even though no sentence was given. my lawyer talked to prosecutor and got pretrial diversion with no plea and then charges were dismissed in aug 2004. The question has a braket underneath and it include diversion, but i am not sure whether it also include pretrial diversion with no plea. What should say yes or no?
    3. Should I apply and be fine now since its more then 5 yrs with that incident? I also have disposition from court about dismissal order.

    Please share your thoughts and experience.

    Thank you

  2. #2
    Hello guys,

    Got GC through marriage in 2001
    Got condition removed in july 2003.

    Made a mistake in life and got charged with patronizing a prostitute in Aug 2003. got notice to appear in court and through lawyer got a pretrial diversion with no plea and charges got dismissed in aug 2004. No jail time or sentencing.
    Wife supported me and everything is fine and we have a family with 2 kids now.
    Couple of questions:
    1. Should I apply through 3 yrs rule or 5 yr rule. I am ok with both since marriage and family is good. the incident happened 6 yrs ago so should not affect the moral character requirement to period.
    2. on form there is one question: were you ever put into rehab or alternative sentencing? IS pretrial diversion considered as a alternative sentencing even though no sentence was given. my lawyer talked to prosecutor and got pretrial diversion with no plea and then charges were dismissed in aug 2004. The question has a braket underneath and it include diversion, but i am not sure whether it also include pretrial diversion with no plea. What should say yes or no?
    3. Should I apply and be fine now since its more then 5 yrs with that incident? I also have disposition from court about dismissal order.

    Please share your thoughts and experience.

    Thank you

  3. #3
    Please let me know, so that I would know what to do.
    Thank you

  4. #4
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Where it asks about diversion (# 19) you answer yes </div></BLOCKQUOTE>


    Thank you davdah.

    should i apply for 3 yrs based or 5 yr based since i am qualified for both.

    will i be ok since this happened 6 yr ago?

  5. #5
    Thank you.

    I am not doing anything wrong or not even thinking about another hootchie. Life got changed after that and happily living with my wife and 2 kids now.
    I am worried about denial and can this one incident 6 yrs back can be a problem according your knowledge?

  6. #6
    No, I was not convicted. It was a pretrial diversion with no plea and charges got dismissed in aug 2004.
    I travel and not have any issue at port of entry.
    Latest decision in BIA is patronizing prostitute is not consider a part of CIMT. That puts me in better shape.

  7. #7
    In general, they look at only the previous 3 or 5 qualifying years of PR from the date of applying for Natz. Since it was 2003 you should be ok. You still have to mention the arrest though.
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  8. #8
    QUIZ:

    Which of the following is NOT a mistake? (Mistake; something you did not do on purpose)

    1. Spilling glass of milk
    2. Spelling a word wrong
    3. Adding 2 numbers wrong
    4. Marrying a scammer
    5. Going to a Prostitute while married

  9. #9
    Perhaps he should have used "error", but spilling the milk is an "accident." Mistake is OK.

  10. #10
    But seriously, you don't have a conviction, but you do have an arrest and alternate sentencing. Just be honest. Doesn't matter what rule you apply under, once the 3 years pass, you can apply.

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