Legal Question in Immigration Law in Arkansas

My fiance from Colombia has worked in Panama as a prostitute about 2 years ago, is their anyway the embassy will not know she was a prostitute in Panama and a visa will be appproved?


Asked on 11/18/09, 6:17 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

She is inadmissible to the USA.

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Answered on 11/23/09, 8:00 pm
Michael Harris Law Offices of Kravitz and Guerra, P.A.

If she was convicted of a crime involving moral turpitude (CMT), or admitted to having committed such a crime, or admits having committed acts which constitute the essential elements of such a crime, then she is inadmissible. If she engaged in prostitution under duress, she may not be inadmissible from the United States. So, you should consider these things before ruling her as inadmissible.

Also know that the law has a 10-year statute of limitations for acts of prostitution or procurement occurring more than ten years before an alien's application for a visa or entry. So, if her crime is on record, then she'll have to wait 10 years before a bar to admission no longer applies.

So, the question should be further discussed with an attorney. By doing so you will have attorney-client privilege to discuss whether she has ever been charged with this crime before or admitted it already.

Note, most out-of-state attorneys can legally help you because we are permitted to practice federal immigration law outside of our state of jurisdiction. Please feel free to contact me for an initial consultation.

Sincerely,

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Answered on 11/24/09, 10:47 am


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