Denied i485 AOS, reason: Prostitution charge

[Lala land 0]

Hi there,

I need some advice on what to do next, I would appreciate it if you can leave the nasty rude comments out, please don't judge.

My AOS has been denied on June 27, I finally received the denial notice today.

It says that the reason it got denied is because of a prostitution arrest back in 2008. I've never engaged in prostitution, my arrest was a complete misunderstanding.

My case has been dismissed, and during my AOS interview the IO asked if I willfully engaged in Pros. etc., my answer was NO.

The notice says I have the right to file for a Motion to Reconsider or Motion to Re-open. It also says I'm eligible to seek relief under a Waiver.

I have an attorney, I won't be able to contact her untill Monday, now I'm trying to see if anyone went trough the same thing, or has some good advice before I talk to my attorney.

I appreciate your time!

[DandT14 272]

Just to clarify:

You were arrested and charged with prostitution, but never convicted? Is that correct?

Does your denial notice say it's because you were charged with prostitution or convicted?

On the question on the I-485 where it asks if you've ever been arrested, detained, etc, what did you answer?

[Lala land 0]

(1) Arrested and the reason of arrest was Prostitution, case Dismissed

(2) It says, " I was arrested for Prost. and even though the arrest was later dismissed, the fact remains that you sought to procure solely or incidentally and engaged in prostitution."

(3) I answered YES.

Edited July 14, 2012 by Lala land

[Newbie608 103]

Wow very sorry to hear that. Maybe because you answered NO to that question. Since you have the option to re open the case, I wouldn't worry too much..Hope you have a good lawyer to help you through it all

Goodluck though and don't worry too much

[DandT14 272]

It might not make a difference in the long run, but were you actually taken into custody, charged, booked, and had to appear in court? Do you have any paperwork from the incident, either from the police station or the court?

Hopefully your lawyer can sort it out. I'm sorry, this must be very scary for you.

[him4life 13]

wow i cant believe they denied u for that, people have been charged with bigger crimes and gotten through, i can only speculate that its because u answered no to them, you should have explained yourself right after you answered no. and bring all supporting documentation

[JohnR! 5,495]

Securing counseling was the right thing to do here. There are several reasons cases are dismissed in court and that may be one way by which to address you motion to reconsider you AOS.

If your case was dismissed in court, the transcripts of the hearing might help for they should contain the evidence presented by the DA and also, and most importantly the ruling and the reasons the judge presented to support the court's ruling.

It seems to me, not knowing all the details, that the USCIS jumped the gun in your case, so having your lawyer intervene and present your case with legal baking should help you get approved.

I wish you the best of luck and I hope this matter is settled without much chagrin.

[VanessaTony 3,567]

wow i cant believe they denied u for that, people have been charged with bigger crimes and gotten through, i can only speculate that its because u answered no to them, you should have explained yourself right after you answered no. and bring all supporting documentation

It's a crime of moral turpitude.

[VanessaTony 3,567]

Hi there,

I need some advice on what to do next, I would appreciate it if you can leave the nasty rude comments out, please don't judge.

My AOS has been denied on June 27, I finally received the denial notice today.

It says that the reason it got denied is because of a prostitution arrest back in 2008. I've never engaged in prostitution, my arrest was a complete misunderstanding.

My case has been dismissed, and during my AOS interview the IO asked if I willfully engaged in Pros. etc., my answer was NO.

The notice says I have the right to file for a Motion to Reconsider or Motion to Re-open. It also says I'm eligible to seek relief under a Waiver.

I have an attorney, I won't be able to contact her untill Monday, now I'm trying to see if anyone went trough the same thing, or has some good advice before I talk to my attorney.

I appreciate your time!

Do you have a copy of the arrest record? Do you have a copy of the court records?

Basically what's happened is what they have the discretion to do - they assume guilt even though your case was later dismissed. The reason for this is because people can get off on technicalities but it doesn't make them any less guilty (not that I'm accusing you of that but they are). This is a crime of moral turpitude issue.

I am not judging you but I have to ask. What were their grounds for arresting you? What makes it a "complete misunderstanding"? It's my understanding (dumb though it may be) that you can only be arrested for prostitution if you a. proposition an undercover officer or b. are caught exchanging money after a sexual encounter. Also, what were the grounds for dismissal? Does the dismissal notice state anything about it being a misunderstanding?

[Darnell 8,478]

i would go the route of 'file motion to reconsider'

and provide all of the court records, police records in that filing.

talk with your attorney on monday, get his/her input.

Good Luck !

[him4life 13]

isnt misdeameanor larcency a crime of moral turpitude? i know of someone who was arrested for stealing from a store and she got her status adjusted without any problems

[aaron2020 11,651]

isnt misdeameanor larcency a crime of moral turpitude? i know of someone who was arrested for stealing from a store and she got her status adjusted without any problems

Shoplifting is not a crime of moral turpitude.

[ceadsearc 515]

Shoplifting is not a crime of moral turpitude.

According to the US Department of State, petty larceny is a crime of moral turpitude.

It appears as Vanessa said that IOs have some discretion even if you were not convicted. I'd definitely seek a lawyer. I can tell you my husband was charged with a crime on that list (burglary), also a misunderstanding. Case was dropped (not sure if that is different from dismissed), no problems adjusting.

[jaycali 415]

Do you have a copy of the arrest record? Do you have a copy of the court records?Basically what's happened is what they have the discretion to do - they assume guilt even though your case was later dismissed. The reason for this is because people can get off on technicalities but it doesn't make them any less guilty (not that I'm accusing you of that but they are). This is a crime of moral turpitude issue.

I agree completely.

Under criminal law, you're considered innocent until proven guilty.

Under immigration law, you're considered guilty until proven innocent.

Edited July 15, 2012 by jaejayC

[Lala land 0]

The IO knew about this arrest, I even brought in my court ordered documents stating that the case has been dismissed, they never include the reason why a case has been dismissed. She never asked for the arrest record. The arrest report is not in my favor, because the officer wrote down a whole different story.

This is what happened before the arrest and this is the statement the IO wrote down.

My friend at the time was on her way to our hotelroom after visiting some family members, I was waiting in our room for her to come back. She calls me on the phone and tells me that there was a male friend waiting for her in the lobby and if I could let him in the room.

I wasn't comfortable doing that and I told her, she convinced me to let him in because she knew him for a long time.

So I let him in, we were talking and 4 minutes later I hear loud banging on the door, I freaked out off course. After I found out it was the Police I opened the door and they told me that I was under arrest for soliciting Pros.

It was the most embarressing and horrifying experience. They didn't give me a chance to explain myself, they arrested me and took me to jail :-(

They apparently didn't have enough evidence to charge me with Pros. so they dismissed the case.

Later I came to find out that my friend was an escort and that was suppossed be a client and not a friend. I felt so betrayed!!

So if I file a Motion to Reconsider what extra documents should I provide, should I include a letter explaining the whole situation again?? I really don't think it's a good idea to include the arrest report..