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Question regarding the date of admission and definition of prostitution.

Rochester, MN |

I got green card on 06-16-2008 and have been in US since 1996 (F1), changed to H1 in 2000. I was arrested on Jan 16, 2013, charged with gross misdemeanor of soliciting prostitution in MN. An alien is deportable if (I) he is convicted of a CIMT committed within 5 years of after the date of admission. An article says: "Adjustment of Status Following an Admission Does Not “Re-Start” the Five-Year Clock for Purposes of the Moral Turpitude Deportation Ground Matter of Alyazji, 25 I&N Dec. 397 (BIA 2011). Thus, my admission date is Mar 1996 and is not deporatable. Also, See Matter of Gonzalez-Zoquiapan, 24 I&N Dec. 549 (BIA 2008), wherein the court found that a single act of soliciting prostitution on one's own behalf does not fall within INA section 212(a)(2)(D)(ii). Are these correct?

Attorney Answers 4

Posted

So you are telling us that you NEVER left the US since 1996 ... not even for a brief trip home to get an H stamp?

Hopefully you haven't cut a 'deal' with the DA and there is still time for you to talk to an attorney in private.

Although you're on the right track with your research, there's more to it than-meets-the-eye.

Talk to a professional.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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14 comments

Asker

Posted

I spoke to local immigration lawyers and they said I will be deported because of 1. within 5 years of admission. 2. prostitution. But this is in conflict with my finding. I am confused so I asked here. As you said "you're on the right track". does that mean you confirm my finding? Of course I have to visit my family overseas 3 weeks a year. But according to another article, it is not -re-admission. I see another article says the 5 year count start from first admission that is my F1 visa. I just want to know if these information is correct in general. My case is simple, soliciting prostitution, and is the only crime I had. The worse scenario is I will be convicted with this crime, so I need to know if I will be deported.

F. J. Capriotti III

F. J. Capriotti III

Posted

No lawyer would be so foolish as to confirm your 'findings' on an Internet Blog like this. Are you paying these attorneys for consultations, or window shopping around? Picking up bits and pieces of information from each one. Your case is not simple ... pay a lawyer for a WRITTEN legal opinion. Again, don't take any deal from the DA w/o a lawyer representing you.

Asker

Posted

Thanks for your comment. I have paid criminal lawyer, not immigration lawyer. I still don't get a clear answer here and looks like there will not be. I would like to pay, but do not know who I should pay to.

F. J. Capriotti III

F. J. Capriotti III

Posted

You should ask the criminal defense lawyer that represented you to either: 1. Provide you with a written opinion, describing the immigration consequences of any plea that he/she is proposing. Mention "Padilla" to him/her. OR 2. Provide you the name of an immigration attorney that he/she has consulted regarding your plea. Then ask that lawyer to give you a written opinion. Talk is cheap .... the written word isn't.

Kara Lien Roberts

Kara Lien Roberts

Posted

Please, Asker! Listen to Attorney Capriotti - he is giving you excellent information that is dead on!

Asker

Posted

Here is my conclusion and I believe other people in my situation can benefit from our discussion if they see this post. With the single act of soliciting prostitution convicted with misdemeanor (max jail 90 days and/or 1000 fine), I am not deportable, nor inadmissible. Means I can stay in US and travel outside of US, because of: 1. single act of soliciting prostitution is not CIMT and is not a ground of inadmissibility or deportation. See Matter of Gonzalez-Zoquiapan, 24 I&N Dec. 549 (BIA 2008), wherein the court found that a single act of soliciting prostitution on one's own behalf does not fall within section 212(a)(2)(D)(ii) of the Immigration and Nationality Act (INA). 2. Adjustment of Status Following an Admission Does Not “Re-Start” the Five-Year Clock for Purposes of the Moral Turpitude Deportation Ground, seeMatter of Alyazji, 25 I&N Dec. 397 (BIA 2011), so the date my status changed to LPR is not the date of admission. 3. My re-entering into US via AP (advance parole) is not a new admission according to INA: ACT 101 - DEFINITIONS "An alien who is paroled under section 212(d)(5) or permitted to land temporarily as an alien crewman shall not be considered to have been admitted." Thus, the date of my admission is the admission date before my re-enter via AP. 4. soliciting prostitution is not same as "prostitution". My analysis is based on: 1. if it is CIMT 2. if it is within 5 years of admission 3. if it is in petty offense exception 4. if it is "prostitution" My summary is: 1. my crime is not CIMT. 2. my crime is not within 5 years of admission. 3. my crime falls into petty offense exception 4. my crime is not "prostitution". Thus, I am not deportable, and not inadmissible. I have done the hard part, legal research and analysis, and hoping law expert like you can review my finding and comment if I am wrong. Your comment, especially the summary part, can save people like me from worries. Clear answer like Yes or No can avoid confusion. I have paid to get comments on my analysis, and only hope expert here can kindly comment on my research summry.

F. J. Capriotti III

F. J. Capriotti III

Posted

If you have already paid an experienced immigration lawyer for his/her opinion on your research ... you don't need an Internet Blog to validate this belief. Good luck to you.

Asker

Posted

I would like to thank you for your input. I was confused by different lawyer's opinion, and I have no way to know which one is correct. they are all opinion and some are conflicts. I paid an Internet lawyer to validate my research. I would like to share my case with others like me, so they have clear picture of this scenario. I have done my research and post my summary here. If you can provide your "Yes" or "No" on my 4 summary, then you will be great lawyer to save many people's trouble.

Kara Lien Roberts

Kara Lien Roberts

Posted

Just because cases are factually similar does not mean they are the same and if any attorney on this site gave you what you wanted and you shared that, here is what could happen and why no attorney would ever give you an answer: - Attorney on avvo gives you an answer - You post your information anywhere on the internet claiming to have an answer for this type of situation and that an attorney has verified such - Someone reads your answer and relies on it believing it to be a correct interpretation and application of our current laws - That someone who relied on your answer has a similar situation, but there are unique differences (perhaps different state, maybe other criminal issues person thought did not matter, etc.) that result in that person being denied a benefit and placed in removal proceedings - That someone then blames you, you blame the attorney, and you would be right to blame the attorney because the attorney foolishly gave you "legal advice" on a site intended for legal information It isn't that attorneys do not want to give you answers, it is that you do not really understand what you are asking, the consequences associated, and we have licenses to lose when we fail to do our most sacred duty - protect people like you. Immigration law is very complex and there are many arguments that can be made for/against any issue. Each case is decided on an individual basis and many factors make huge differences (where the person lives, how they entered, criminal history, when they entered the USA, how many times, family relationships, work history, whether they have been honest the entire time, etc.). You are asking for black and white answers to questions that are frequently very gray when it comes to individual cases and this is why it would be inappropriate for anyone to give you the answer you seek (it would be risky AND not necessarily true for others in a similar situation). I commend you for taking self-initiative and researching, but realize that you are asking for more than a simple "yes" or "no" because of the potential consequences of answering such a question...this is what makes it "legal advice" and not simply giving legal information (which is the purpose of avvo). Best of luck.

Asker

Posted

ok, I got your point, I just want to share my story as reference for others.

Kara Lien Roberts

Kara Lien Roberts

Posted

Wanting to help others is admirable, but I have seen many get into a lot of trouble with Immigration because of another person's desire to help. It is okay to share information (and it does help!), but be sure to warn people of what you know - that is it dangerous for them to rely on your experience and assume the same will happen to them and that your experience is to help them get an idea, but the only way to be sure is to retain an attorney and get legal advice that is specific to their cases. I was not trying to make you feel bad or shoot down your idea; I just wanted to help you understand why you were not getting the responses you desired and to let you know it is not because attorneys want to withhold information that could help others (it is because sometimes withholding that information is the best way to help them by not misleading them). If this interests you so much and you care about this so much that you want to help others in a similar situation, then maybe you should consider becoming an attorney so you are in a better position to do just that? You certainly have the passionate part down :) Good luck with your case and thank you for being so understanding with the responses.

F. J. Capriotti III

F. J. Capriotti III

Posted

Attorney Roberts has responded so well ... there is nothing I can add.

Asker

Posted

Can you at least to clarify how to determine admission date for a committed crime? This is a universal question and many articles describe how to determine it, but none has detailed about re-enter many times via different status. If you can clarify how to determine the meaning of "within 5 year after the date of admission", that would be great. Using my case as an example, the crime was committed on 1/16/2013. I got my green card via “adjustment of status” on 6/16/2008. The 6/16/2008 is not my admission date; it should be the previous admission date. I have been working under H1-B since 2000, I renewed H1-B in 2003 and applied 1 year extension in 2006. In 2007, I re-entered US via H1-B extension approved in 2006, I did get a VISA stamp from Consulate. Meanwhile, I got Advance Parole in 2007 and then traveled outside US for 3 weeks and re-entered US on 4/12/2008. I heard enter via advance parole is not considered “admitted”, and I think the date of my admission is in 2007 when I re-entered US via H1-B extension visa and inspected in port. I am not sure if I am correct on this. Since you are expert in immigration law, can you clarify which date is my admission date for my crime committed on 1/16/2013? Sorry to bother you again. I am not in rush. I know my single crime falls into petty offense exception, so I will not be deported. I should not trigger inadmissibility too. However, I really would like to know what is my admission date in my case. Is entering via advance parole on 4/12/2008 my admission date? I guess not. Your view? Is my enter in 2006 with H1-B extension my admission date? Or my original 2000 H1-B visa and enter in 2000 is my admission date? I believe this is important question to many people to understand how the admission date is determined when a crime occurred. Thanks very much in advance!!!! Some local immigration lawyers said adjust of status to get green card is the date of admission date in my case. This is in conflict with my finding in Internet. If immigration lawyers still think "adjust of status" date is the admission date, should I hire them to work with my criminal lawyer? I have double because I think this is not the admission date based on my finding, and if immigration lawyers do not know this information based on BIA ruling on 2011, then I don;t know how to trust them.

F. J. Capriotti III

F. J. Capriotti III

Posted

As I mentioned before, you need to pay an attorney for a written opinion. Ask your criminal defense attorney to make a recommendation.

Posted

This is not a general question you ask. You are clearly in need of a legal advice. No problem, but not on AVVO. AVVO is a free general legal information blog, not a substitute for legal advice. Look for an attorney you would like to have a consultation with. You can use Find a Lawyer tab above, right here in AVVO. Select an attorney, contact them directly and schedule a consultation. You might be glad you did.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

Very complicated area of immigration law. Lease speak with an immigration attorney and have them provide your criminal attorney with a Padilla letter.

MEDINA LAW GROUP PC: EXPERIENCED TEXAS IMMIGRATION ATTORNEYS. email: cindy@medinalg.com; Phone: (210) 821-4500; Fax: 210-821-4500; 1802 NE Loop 410, Ste 104, San Antonio, TX 78217. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. Furthermore, the content of this answer does not create an attorney-client relationship. I apologize in advance for any spelling or typographical errors. MEDINA LAW GROUP PC.

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Posted

Hello. You truly need a private attorney to assist you in this matter and I urge you immediately to secure an attorney. More details need to be known, questions asked and answered. If you have been appointed a public defender, I suggest you may want to seek a second opinion, also. Some attorneys, myself included, are available seven days for emergency legal needs. Some attorneys, myself included, will confer for free, at no charge. Then, if legal work is performed, some attorneys, myself included, will provide a reduced fee for need. All the best.

Tricia Dwyer, Esq., Immigration Law, Criminal Law, Rule 14 Qualified Neutral, Minnesota Supreme Court Roster Mediator, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666 EVERY DAY OF THE YEAR until 8 p.m. daily. See www.dwyerlawfirm.net

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