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Denied i485 AOS, reason: Prostitution charge

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Being arrested and charged is not the same as commiting a crime, true, but charges dismissed does NOT mean someone was proven innocent in court. Charges are frequently dismissed BEFORE it ever goes to trial when a person is guilty because someone botched handling the evidence, they didn't have evidence to move forward, etc. I am not saying OP commited the crime nor am I saying this can't be overcome as I don't know about either one, but the fact that someone had charges dropped doesn't mean they are innocent or were found innocent by a judge or jury.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: Citizen (apr) Country: Canada
Timeline

All that matters is what the IO decides, based on the information they are given. Guilt or innocence, as determined by the law (or not determined, in the case of charges being dropped) is irrelevant.

05/15/2006 - Moved to Kansas, USA on TN Status

10/16/2009 - Married in Missouri, USA
 

Family-based AOS from TN Status - Complete

Spoiler

(DAY 00) 06/18/2012 - Sent AOS Package to Chicago Lockbox

(DAY 01) 06/19/2012 - AOS Package received

(DAY 04) 06/22/2012 - Texts/Emails from USCIS confirming receipt

(DAY 07) 06/25/2012 - I-130 and I-485 checks cashed

(DAY 08) 06/26/2012 - NOA received in the mail

(DAY 12) 06/30/2012 - Biometrics appointment letter received in the mail. Appointment for 7/17/2012

(DAY 29) 07/17/2012 - Biometrics completed.

(DAY 51) 08/08/2012 - Interview email received. Scheduled for 9/11.

(DAY 53) 08/10/2012 - Paper Interview notice received in mail.

(DAY 86) 09/11/2012 - Interview. Approved on the spot.

(DAY 86) 09/11/2012 - GC Production ordered

(DAY 86) 09/11/2012 - EAD production ordered (not that I need it now...)

(DAY 87) 09/12/2012 - Case status moved from "card production" to "decision"

(DAY 89) 09/14/2012 - 2nd GC production ordered notice

(DAY 92) 09/17/2012 - EAD and GC mailed

(DAY 94) 09/19/2012 - EAD and GC IN HAND!

 

 

N-400 Application (5 year residency) - San Diego Field Office - Complete

Spoiler

 

(DAY 000) 08/15/2017 - N-400 Filed Online

(DAY 000) 08/15/2017 - Receipt Received, Case number assigned

(DAY 004) 08/19/2017 - Biometrics Appointment notification received

(DAY 010) 08/25/2017 - Biometrics Appointment PDF Posted (Date: 09/05/2017)

(DAY 013) 08/28/2017 - Biometrics Appointment Completed Early (Walk-In)

(DAY 014) 08/29/2017 - Case status now "We Reviewed Your Biometrics". 

(DAY 053) 10/06/2017 - In-line for interview. EGOV updated to "Interview Was Scheduled"

(DAY 054) 10/07/2017 - Interview scheduled. ELIS updated to "View your letter on your documents tab"

(DAY 057) 10/10/2017 - Interview PDF posted (Interview Date: 11/14/2017)

(DAY 092) 11/14/2017 - Interview in San Diego (Approved)

(DAY 112) 12/04/2017 - EGOV updated to "Oath Ceremony Notice Was Mailed"

(DAY 113) 12/05/2017 - ELIS updated to "View your letter on your documents tab"

(DAY 128) 12/20/2017 - Oath Ceremony Completed.

 

 

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Filed: Citizen (apr) Country: Australia
Timeline
For purposes of satisfying INA inadmissibility statutes one must show proof of not being convicted of a crime. May be you don't know this but thousands upon thousands of people get GC and Citizenship after being arrested and charged with various crimes, some very serious.

Ban does not apply to mere arrest and charge where guilt has not been proven or established.

Again , this is not to say anything about guilt or innocence of OP (we have no idea about who OP is and what the exact circumstances of OP case is other than what OP posted here) , this is just how the Criminal Justice correlates to INA inadmissibility statutes in USCIS proceedings.

WRONG. The INA I posted is VERY CLEAR that it does NOT require a conviction for a prostitution charge. This is not a CIMT issue (which does require conviciton), it is a prostitution issue and while there IS a waiver available (which I posted previously), there does NOT need to be a conviction. Read the INA link I posted before.

I am not stating I know whether the OP is guilty or not, it's irrelevant. The truth of the matter is she was arrested for prostitution. THAT is the problem. Being convicted would be worse, but simply being arrested subjects her to a section of the INA where they can use their discretion to deny her. They have decided the evidence means she should be denied.

And once again, the OP needs to talk to her lawyer. This is beyond DIY, it's not necessarily totally over but it will not be easy nor will it be cheap.

Edited by Vanessa&Tony
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WRONG. The INA I posted is VERY CLEAR that it does NOT require a conviction...

Below is the relevant subsection of Section 212, D(i), D(ii) , please show where it clearly states that it does not require conviction for alien to be deemed inadmissible:

(D) Prostitution and commercialized vice.-Any alien who-

(i) is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, admission, or adjustment of status,

(ii) directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, admission, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10- year period) received, in whole or in part, the proceeds of prostitution

Edited by asdfg

I-485/I-130 filed: January 26,2012 (130/485 sent to Chicago lockbox, transferred to MSC, field office Baltimore, MD).

I-130 Approved: June 25, 2012

I-485 RFE issued: June 25, 2012

Contacted offices of Honorable Senator Ben Cardin and Barbara Mikulski at the end of July.

I-485 DECISION MADE on August 03, 2012 , LESS THAN A WEEK AFTER CONTACTING THE SENATOR'S OFFICE TO INQUIRE ON CASE STATUS!

I-485 WELCOME NOTICE RECEIVED IN MAIL: 08/08/12

Green Card in Mail: 08/11/12

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Filed: Citizen (apr) Country: Australia
Timeline

Below is the relevant subsection of Section 212, D(i), D(ii) , please show where it clearly states that it does not require conviction for alien to be deemed inadmissible:

Can you see the word "conviction"? No. Because it's not required. Did you see the link i posted about the CIMT where it DOES mention conviction? The lack of the word conviction is pretty clear that a conviction is not required. Why? because if it WAS required like the CIMT one it would MENTION conviction. It's quite obvious you are not in the legal profession in any form because you would know that what IS there is just as important as what is not.

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http://www.avvo.com/legal-guides/ugc/prostitution-related-deportation-grounds-no-conviction-required

http://www.mosquedalaw.com/IMM026.htm

Those links indicate that when it comes to prostitution, no conviction is required and the simple fact that the IO believes you engaged in prostitution is enough for them to deny your application.

You can try to file a I-601 waiver in order to try to overcome this inadmissibility. That would be something you would need to discuss with your lawyer.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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http://www.avvo.com/legal-guides/ugc/prostitution-related-deportation-grounds-no-conviction-required

http://www.mosquedalaw.com/IMM026.htm

Those links indicate that when it comes to prostitution, no conviction is required and the simple fact that the IO believes you engaged in prostitution is enough for them to deny your application.

You can try to file a I-601 waiver in order to try to overcome this inadmissibility. That would be something you would need to discuss with your lawyer.

Thanks for the link, Hypnosis.

Carl Shusterman , a former INS attorney, is not one of the clueless attorneys there so

I did a further research and turns out that drug related or prostitution related arrests

are exception to the rule and can be basis for deportation even without conviction.

If so then in fact IO controls the outcome to a greater degree and if applicant fails to

convince IO that she didn't engage in a vice then indeed I-485 can be denied and lawfully so.

http://www.oac.cdlib.org/view?docId=hb2j49n7f1&doc.view=entire_text

Now this is a civil discussion and a proper way to introduce an argument in support of one's position.

I-485/I-130 filed: January 26,2012 (130/485 sent to Chicago lockbox, transferred to MSC, field office Baltimore, MD).

I-130 Approved: June 25, 2012

I-485 RFE issued: June 25, 2012

Contacted offices of Honorable Senator Ben Cardin and Barbara Mikulski at the end of July.

I-485 DECISION MADE on August 03, 2012 , LESS THAN A WEEK AFTER CONTACTING THE SENATOR'S OFFICE TO INQUIRE ON CASE STATUS!

I-485 WELCOME NOTICE RECEIVED IN MAIL: 08/08/12

Green Card in Mail: 08/11/12

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Filed: AOS (pnd) Country: Germany
Timeline

They don't give me an option to file for a waiver, so my best option is to file for Motion to Reconsider and include a letter saying that I really am innocent??

So re-filing wouldn't be a good option?

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Filed: K-1 Visa Country: Vietnam
Timeline

They don't give me an option to file for a waiver, so my best option is to file for Motion to Reconsider and include a letter saying that I really am innocent??

So re-filing wouldn't be a good option?

You'll need to provide evidence that wasn't included when the I-485 was originally filed. They won't consider your MTR without it, but it might still take them months to come to that conclusion. The MTR gives you a chance to keep your case open with USCIS, and possibly even get them to reverse their decision. Your attorney should be able to advise the best sort of evidence you could submit. The police report obviously didn't paint a very nice picture, and the IO's decision was probably based on that report. You need something that counters the police report. Dunno if it's possible to get a sworn statement from the arresting officer, but that would probably help a lot.

If the MTR fails then your next step is immigration court.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: AOS (apr) Country: Canada
Timeline

They don't give me an option to file for a waiver, so my best option is to file for Motion to Reconsider and include a letter saying that I really am innocent??

So re-filing wouldn't be a good option?

Any chance of getting letters from the people involved? Like your friend? What about statements they may have given the police at the time? Have you ever read the actual police report of the incident? Maybe you could get a copy and write a response. I would think you'd want to gather every shred of evidence in your favor that you possibly can.

Good luck.

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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Filed: Citizen (apr) Country: Canada
Timeline

Several post and some post quoting removed for derailing this thread, and one member thread band.

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: Citizen (apr) Country: Canada
Timeline

Thank you all for your input. I'll keep everyone updated with my case.

Good luck! Let us know which path you choose, and what the eventual outcome is!

05/15/2006 - Moved to Kansas, USA on TN Status

10/16/2009 - Married in Missouri, USA
 

Family-based AOS from TN Status - Complete

Spoiler

(DAY 00) 06/18/2012 - Sent AOS Package to Chicago Lockbox

(DAY 01) 06/19/2012 - AOS Package received

(DAY 04) 06/22/2012 - Texts/Emails from USCIS confirming receipt

(DAY 07) 06/25/2012 - I-130 and I-485 checks cashed

(DAY 08) 06/26/2012 - NOA received in the mail

(DAY 12) 06/30/2012 - Biometrics appointment letter received in the mail. Appointment for 7/17/2012

(DAY 29) 07/17/2012 - Biometrics completed.

(DAY 51) 08/08/2012 - Interview email received. Scheduled for 9/11.

(DAY 53) 08/10/2012 - Paper Interview notice received in mail.

(DAY 86) 09/11/2012 - Interview. Approved on the spot.

(DAY 86) 09/11/2012 - GC Production ordered

(DAY 86) 09/11/2012 - EAD production ordered (not that I need it now...)

(DAY 87) 09/12/2012 - Case status moved from "card production" to "decision"

(DAY 89) 09/14/2012 - 2nd GC production ordered notice

(DAY 92) 09/17/2012 - EAD and GC mailed

(DAY 94) 09/19/2012 - EAD and GC IN HAND!

 

 

N-400 Application (5 year residency) - San Diego Field Office - Complete

Spoiler

 

(DAY 000) 08/15/2017 - N-400 Filed Online

(DAY 000) 08/15/2017 - Receipt Received, Case number assigned

(DAY 004) 08/19/2017 - Biometrics Appointment notification received

(DAY 010) 08/25/2017 - Biometrics Appointment PDF Posted (Date: 09/05/2017)

(DAY 013) 08/28/2017 - Biometrics Appointment Completed Early (Walk-In)

(DAY 014) 08/29/2017 - Case status now "We Reviewed Your Biometrics". 

(DAY 053) 10/06/2017 - In-line for interview. EGOV updated to "Interview Was Scheduled"

(DAY 054) 10/07/2017 - Interview scheduled. ELIS updated to "View your letter on your documents tab"

(DAY 057) 10/10/2017 - Interview PDF posted (Interview Date: 11/14/2017)

(DAY 092) 11/14/2017 - Interview in San Diego (Approved)

(DAY 112) 12/04/2017 - EGOV updated to "Oath Ceremony Notice Was Mailed"

(DAY 113) 12/05/2017 - ELIS updated to "View your letter on your documents tab"

(DAY 128) 12/20/2017 - Oath Ceremony Completed.

 

 

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