Fiance has Arrest record

[nychelp 0]

I'm a US Citizen. My fiance from Korea has lived here in the US for around 6 years, having long-overstayed her original tourist visa. In the first half of 2009, she was arrested twice on prostitution charges.

My questions:

1) given her arrest record, when we do marry is there any chance of her getting a greencard? Her mother is sick and she would like to be able to go back to Korea to visit her ASAP, but won't go if it means that she will be denied admittance back into the US

2) given her arrest record, would applying for AOS/greencard/etc put her on the "radar screen" of the immigration authorities for deportation?

Thanks!

[SqdnGuns 21]

I'm a US Citizen. My fiance from Korea has lived here in the US for around 6 years, having long-overstayed her original tourist visa. In the first half of 2009, she was arrested twice on prostitution charges.

My questions:

1) given her arrest record, when we do marry is there any chance of her getting a greencard? Her mother is sick and she would like to be able to go back to Korea to visit her ASAP, but won't go if it means that she will be denied admittance back into the US

2) given her arrest record, would applying for AOS/greencard/etc put her on the "radar screen" of the immigration authorities for deportation?

Thanks!

I would seriously consider getting an attorney due to the circumstances.

[Little_My 463]

The arrest record will definitely not work in your favor, but whether or not it would prevent her from getting a GC, I don't know. She is eligible to AOS from a tourist visa,and overstay is forgiven for spouses of USCs.

She cannot leave the US without occurring a 10 year ban immediately upon departure. The only way for her to leave the US and to be able to return any sooner than ten years from now, is with a valid green card in hand. In other words, her only chance of being able to stay in the US legally and be able to travel abroad and return is if you two get married, and she gets a green card.

[nychelp 0]

The arrest record will definitely not work in your favor, but whether or not it would prevent her from getting a GC, I don't know. She is eligible to AOS from a tourist visa,and overstay is forgiven for spouses of USCs.

She cannot leave the US without occurring a 10 year ban immediately upon departure. The only way for her to leave the US and to be able to return any sooner than ten years from now, is with a valid green card in hand. In other words, her only chance of being able to stay in the US legally and be able to travel abroad and return is if you two get married, and she gets a green card.

Please forgive my complete lack of knowledge in this area, but approximately how long will it take for her to get a GC?

[Harpa Timsah 13,258]

Prostitution is a crime that makes her inadmissible. Time to get a lawyer.

[Little_My 463]

The average AOS processing time from non-immigrant visa is somewhere around 6 months - but, that is average. It can take much longer, and of course could be faster too.

That 6 months is from when you have filed the AOS package - before that, you need to first of all get married, get a medical check done for the intending immigrant and put together all the supportive documentation.

If you go to the Guides-section here on VJ, and look at the concurrent I-130 and I-485 guide (both spouses in the US), it will tell you pretty much everything you need to know about the process. Also take your time reading the instructions for all relevant forms, those you can find from USCIS website (and here too, I think).

Ah well, there you have it.. I had an inkling that prostitution might be a crime that wouldn't just be overlooked by USCIS.. So. Take the advice from previous posters - hire a lawyer and find out what your options are.

[katgrl 14]

I believe you have already asked this question in this forum. Here is the post:

http://www.visajourney.com/forums/topic/277390-its-complicated-advice-needed/

You need to consult with a lawyer especially considering that the charges were very recent. She may have had a chance if it was more than 10 years ago. Right now be more worried about if she will even be eligible to apply for any waivers regarding the crime, rather than how long will the AOS (adjustment of status) for a green card take. If she leaves the country, she will be banned for 10 years solely due to the overstay.

I'd also suggest reading this thread.

http://www.visajourney.com/forums/topic/283082-eligibility-for-ina-212h/

[belinda63 2,981]

To summarize from your previous post.

1. A recent conviction of prostitution will result in a denial of an adjustment of status and/or visa. A person is presumed innocent unless found guilty so an arrest is different from a conviction.

2. She is or was running an illegal "legitimate" business. How did she obtain permits and how does she file taxes if she is not legally in the country? Does she have her own social security number or tax ID number? Did she "borrow" one? Did she ever on any application for her social security number, business permits, etc. state she was a US citizen?

3. If she leaves the US prior to obtaining a green card she will have a 10 year ban from re-entry.

4. Her arrest, depending on the state and locality, would have placed her on immigration's radar screen unless she was using an alias, then she may have slipped past.

Depending on the answers to the above questions as well as other things she may never be eligible to apply for a green card. I strongly suggest you consult with an attorney and be very, very honest with him/her about everything.

[JimVaPhuong 4,863]

To summarize from your previous post.

1. A recent conviction of prostitution will result in a denial of an adjustment of status and/or visa. A person is presumed innocent unless found guilty so an arrest is different from a conviction.

He said in his other thread that she's got two misdemeanors and possibly a felony, all related to prostitution and all about two years ago, so I presume he's talking about convictions and not simply arrests.

If she already had a green card then she could be deported for her crimes. If she applies for a green card based on marriage then I predict the triple "D" - Denied, Detained, Deported.

I'll repeat my advice from his previous thread. Consult with a very good immigration attorney before taking any action that would call the attention of the US government to her.