Question regarding the date of admission and definition of prostitution.

Asked over 1 year ago - 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)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . 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; email:; Phone: (866)... more
  2. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  3. Tricia Dwyer

    Contributor Level 19


    Lawyers agree

    Answered . 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... more
  4. Cindy Medina

    Contributor Level 14


    Lawyers agree

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


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