Will a soliciting prostitution ticket affect my DACA status and DACA renewal?
3 attorney answers
Yes this will affect your DACA status so best to work with a criminal defense attorney to remedy the charges.
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Unfortunately this one involves "a significant misdemeanor and a crime involving moral turpitude" - a strict "no-no" as far as DACA is concerned. I doubt it if USCIS will bother with issuing you an NTA to appear in immigration court and place you in removal proceedings, however, you MUST have your criminal defense lawyer (hopefully not a "public defender") vigorously push the charges back (mount a counter-attack on "entrapment" and/or "mistaken identity", among others and ultimately agree to plead you for a much lesser charge - of the harmless "misdemeanor" kind.
Consult with an immigration attorney at once, then have that attorney briefly orient & counsel your criminal defense one.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Board Certified Specialist in U.S. Immigration Law, The State Bar of California, Board Of Legal Specialization. 27 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only and are NOT meant to create an attorney-client relationship. You are welcome to schedule a private consultation with me at anytime.
You are charged with a significant misdemeanor and a Crime Involving Morel Turpitude (Rohit v Holder, 670 F.3d 1085, 1089 (9th Cir. 2012)), which ends DACA and would land you in removal proceedings. Engage the best criminal defense attorney you can find and mount vigorous defense. You also need to consult with an experienced immigration attorney that practices in the 9th Circuit to guide you and your criminal attorney on what pleas are acceptable.