What are my chances? Prostitution charge and used a alias.

[Day Dreamer 0]

I entered the US legally on a B2 visa in Nov 2007.

Got married April 2011

Applied for AOS September 2011

EAD approved and received

Interview Jan 03

I have a pretty complicated case, during my interview the agent asked about my previous arrests, I told her the truth about one case (case got dismissed and thrown out). Not knowing they found out about a previous "prostitution" case in 2009.

When I got arrested I freaked out and used my friends name because I didnt know what my rights were, I was scared of getting deported. I never went back to take care of this situation.

My friend is working on getting this case expunged since it wasn't her.

The agent told me that I needed a certified copy that these charges were dropped, and that I don't have a criminal background on my real name in the city that I got arrested. The deadline is March 03. She did make me sign a form about the explanation that says that I need to renew my Green Card on time once I recieve it.

What are my chances? I do have a lawyer.

Edited January 10, 2012 by Day Dreamer

[Harsh_77 716]

Did police finger print you and take a picture when you got arrested in 2009?

[together4evr 360]

I am guessing yor fingerprints came back with a hit

Talk to your lawyer

Good Luck

[together4evr 360]

On the form that you signed....did it say anywhere that You deny having a criminal prostitution charge int hat city in that year or anything like that.

If you sign a form stating it wasn't you and they already know it was you and they are making you jump through hoops, then you will get a lifetime ban. You might be looking at a lifetime ban already.

[Day Dreamer 0]

Yes they did take a picture and fingerprints, the FBI is the one that found out about this charge.

[Deputy Purple 1,294]

So you lied to an IO under oath about being arrested for prostitution.

Then when confronted by the IO you admitted to having lied and also committing another crime (providing false ID to a police officer)?

Just want to be sure we understand exactly what transpired during your interview.

You do realize that the criminal record part is a Material Fact that will impact your decision, right?

You do also realize that Immigration is very strict about prostitution, right?

Since you Misrepresented a Material Fact you could be flagged as inadmissible and ordered removed.

[Day Dreamer 0]

No I haven't signed anything like that, the lady that interviewed us was very calm about it, she didn't seem upset. She even asked my husband if he could step outside before she asked me about this, she wasn't sure if he knew about my past.

All she said was that she needed proof that I didn't get charged for it.

Not too sure how all this is gonna work out, and it sucks, 'cause I really am a changed person. And it sucks that the past always comes back and haunts you.

[Day Dreamer 0]

Yes Bob, I understand all that, but I do think she gave me a chance to explain my arrest and I'm extremely blessed with this. I just really hope that they believe in second chances and that this happened before I decided to get married.

Edited January 10, 2012 by Day Dreamer

[Harsh_77 716]

As Bob has mentioned you got multiple problems not just one.

1. You provided false information to a Peace officer (Police).

2. You misrepresented on your immigration application by not disclosing you been arrested in past and as you mentioned you were not prosecuted until now coz you provided wrong name and you never followed up which means the case is still open and not a closed case nor your conviction is thrown out.

3. You did not use an alias, you committed another crime of identity theft – coz when police got you not only you gave your friends first and last name but dob was in there too.

4. On top of all these it seems you were already doing the wavier coz you were out of status from 2007 to 20011. (Assuming as per your post you entered US on B1/2 and did not get married until 2011)

The lady doing the interview is not going to be mad at you or scream at you, but they have connected you to a criminal case.

[Deputy Purple 1,294]

Yes Bob, I understand all that, but I do think she gave me a chance to explain my arrest and I'm extremely blessed with this. I just really hope that they believe in second chances and that this happened before I decided to get married.

Part of your problem is that you're on record as admitting to evading Prostitution Charges by committing another crime.

Another part of your problem is that you're on record has having Misrepresented a Material fact during the interview (concealing the arrest).

It really doesn't come down to if the IO believes you or in second chances, the law is the law.

[Day Dreamer 0]

WOW, how can you compare my case to a terrorist? What I did was a Misdemeaner in the state I was arrested, they officer told me that they usually just give a fine for that but since I wasn't from that State he had to take me in.

[Day Dreamer 0]

So my chances are minimal? Why did she make me sign the paper with info on how and when to renew your Green Card?

[together4evr 360]

It would have been a misdemeaner if you did not steal someones identity, lie to authorities, lie to immigration, deceive, hurt your friend. but maybe your friend was already a prostitute so it did not matter

[Harsh_77 716]

Thats not the question the crime you committed is mis or Felony.

They can also charge you now with identity theft.

The question is you committed crime and did not disclose it on your immigration form - which is material misrepresentation.

Having a police record and you not disclosing but they finding it out is serious.

Again the argument is why you should be given a second chance, ever since you entered in 2007 you have violated law after law.

[Day Dreamer 0]

What can I do to fix this?