| Q. |
Prostitution CaseI
I was charged with prostitution in a county in Texas. They were offering me 2 years deferred and community service. I am moving to another state and just wanted to take this deferred. THe DA does not want to reduce nor change the offense to a lesser one. I already am taking a new job out of state and I want to move on. Attorney suggested to trial but this county is very stubborn so I want to avoid any jail time. Am I going to be deported if I take the deferred? Currently my 140 and 485 are pending.
User's Location:
Dallas, Texas, United States of America
Category:
Employment-based Green Card
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| A. |
If you have been charged under "solicitation" for prostitution (i.e., you were not the prositute, but you were the "John" looking to hire a prostitute), then you probably will be okay, as long as you do not have any other criminal convictions. There is a "petty offense" exception where if the maximum possible penalty for the crime was less than one year, and the actual penalty was less than six months, you will NOT be inadmissable.
If you have other convictions, or if this conviction does not meet the petty offense exception criteria, then you WILL be inadmissable, and you will need a waiver.
You or your criminal attorney should consult with an immigration lawyer before you plead guilty to any crime. Often times, there may be an offense that does not involve moral turpitite at all (i.e., disturbing the peace. loitering, etc) and will allow you to avoid any adverse immigration consequences. If the DA is not willing to reduce or change the charge, perhaps you could agree to a harsher sentence (more fine, more probation, etc), which might make the DA more willing to change the technical charge from a crime involving moral turpitude, to one that does not involve moral turpitude.
It seems that you can avoid inadmissability in this case (i.e., you will not be deported, and you can still get your green card through adjustment of status), if you consult with an immigration attorney first. |
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Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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