Adjustment of Status from overstayed Tourist Visa with very slight criminal history

[I villaloz 0]

I need some help I feel that I understand whats forms I need to fill out I just want to make sure I am doing it correctly and ask if anyone has gone through similar process and what I can expect.

I entered US legally on tourist Visa 15 years ago. The Visa expired in 2010. I was married in 2011, but I am just now how the money to submit all the paperwork to Adjust my Status and apply for green card. The only other thing is I was arrested in 2007 for a minor crime (solicitation of prostitution) I was not convicted and I am not wanted for any crime, but it does show up on my background check. also what do I do about working during the application process. I have been self employed doing odd jobs and maintenance for years and I have not filed Taxes.

The main question that I have is do I submit my application just as shown on Visa journey and USCIS website?

http://www.visajourney.com/content/i130guide2

I know about the forms I-130 G-325a, I864, I485 but are any other documentation or explanations or forms needed based upon my arrest in 2007. Again that has been settled and the category for my arrest is NOT one that is in the Auto declined category so I know that I am eligible to adjust my status and get the Green card.

Any help or information will be greatly appreciated it took a while to be able to have the funds to do the paperwork and lawyers have told me it is a simple case I just at this time don't have the extra $2,500 that a lawyer would charge. I have been told by a friend that went through similar process that a lawyer is not necessary I just want to make sure I submit everything that will be needed with the application so It will be processed quickly.

Also I have been working odd jobs and undocumented for Years and Years so is there anything that I need to do with that? Currently I am receiving self employment income pay for a maintenance. I have not filed any taxes and I am currently supported by my wife. We have been married for 3 years.

[Carla V 43]

Is your wife a US citizen?

[Hypnos 6,576]

Unfortunately you have a problem.

Prostitution and solicitation is in a special class of crimes that USCIS require no conviction for in order to consider you guilty, and they have have done so in the past. Anyone who engages in prostitution is inadmissible to the US for a period of 10 years. Any AoS application you filed would be denied, and any immigrant visa you pursued would also be denied, if USCIS believed you engaged in prostitution based on the evidence.

http://www.visajourney.com/forums/topic/377937-denied-i485-aos-reason-prostitution-charge/ is a link to another thread where they were arrested for prostitution, charges were ultimately dropped, but USCIS denied their I-485 on the basis of inadmissibility due to prostitution.

There is a waiver available, if you were found inadmissible.

Edited May 2, 2014 by Hypnos

[Hypnos 6,576]

One thing I would add (damn 10 minute edit limit) is that, per Matter of Gonzales-Zoquiapan, someone who attempts to solicit a prostitute on one's own behalf is not considered as engaging in prostitution, and does not render you inadmissible. It's only when you attempt to solicit for others that you start experiencing inadmissibility issues.

Edited May 2, 2014 by Hypnos

[Terry J 50]

As Hypnos said you would be eligible to apply for a waiver of inadmissibility which is the I-601 form.

What most people in your case do is to attend the interview to see if the officer will deny your AOS and says you're eligible to apply for the waiver. Then you'll have a limited amount of days to file the I-601 and then months of waiting until they adjudicate the I-601.

For the I-601, read the instructions carefully based on your circumstance. Also you'll need original or court certified documents regarding the charges and outcome of the case. Filing fee is $585.

You really should not take this lightly and start reading up on the I-601 and the waiver criteria. To me, this is not a do it yourself kind of case. Some people have filed waivers on their own and have been successful but they are in the minority. Most people tend to use a lawyer who specializes in waivers to prepare the I-601.

Your situation is compounded by your overstay and working illegally. Normally the IO tends to overlook any overstay or illegal work as long as you did not use pass yourself as a USC for AOS when married to a USC spouse when there are no other aggravating factors.

Your 2007 arrest for solicitation of prostitution is an aggravating factor.

[Terry J 50]

One thing I would add (damn 10 minute edit limit) is that, per Matter of Gonzales-Zoquiapan, someone who attempts to solicit a prostitute on one's own behalf is not considered as engaging in prostitution, and does not render you inadmissible. It's only when you attempt to solicit for others that you start experiencing inadmissibility issues.

Ah good to know! I guess the OP really needs to bring the court documents with them and the IO would determine whether they would be inadmissible or not.

[hmh33 117]

I'm generally a DIY guy, but in your position I would be looking for a competent lawyer with relevant experience.

[PallasAthena 101]

I'm generally a DIY guy, but in your position I would be looking for a competent lawyer with relevant experience.

I second this. It sounds like a good immigration attorney's services are in order.

[MacUK 983]

I wish I had an answer for the OPs question but I don't.

Just one little thing niggling my mind. You entered on a B2 15 years ago and thought you was able to stay for 10 years?

I'd say you was very lucky not to have been deported when you was arrested, did you tell them you was a US citizen at the time?

[JohnR! 5,495]

I wish I had an answer for the OPs question but I don't.

Just one little thing niggling my mind. You entered on a B2 15 years ago and thought you was able to stay for 10 years?

I'd say you was very lucky not to have been deported when you was arrested, did you tell them you was a US citizen at the time?

The local police and vice, at this level, have nothing to do with immigration. They would have no business asking anyone of immigration status. They have a zillion other things to care about, chances are that country of residence or citizenship was never brought up during the episode.

[aussie_jason 195]

ICE are supposed to care about criminal aliens and have programs in place like JCART to do so but the numbers are just impossible to handle.

[Boiler 43,430]

The local police and vice, at this level, have nothing to do with immigration. They would have no business asking anyone of immigration status. They have a zillion other things to care about, chances are that country of residence or citizenship was never brought up during the episode.

I agree, totally broken.

Confusing to people from outside the US.

[JohnR! 5,495]

I agree, totally broken.

Confusing to people from outside the US.

Give yourself sometime. Once you get here you will get to know and understand how our legal system works.

[Boiler 43,430]

It works?

[JohnR! 5,495]

Everybody does, at some point.