Legal Question in Immigration Law in California

I was just arrested last month in July 2009 for solicition of prostitution. I plead not guilty during arraignment. I am thinking about accepting the plea bargain with charged dropped to "disturbing to peace" with AIDS class, court fee and 3 year probation. I am a permanent resident eligibile to apply for naturalization by 12/2010. Only prior I have is a DUI - case closed before I got my green card and have travelled abroad after the fact. I was planning on travelling abroad next month. Here is question:

1) Will I have any trouble at reentry point to the US. I know solicitiona of prostituion is not of moral turpitude -solicittioan AS a prostitute is. But with prior DUI, I am worried. 2) Should I wait until my case is closed or can I travel and with open case? Please advise.


Asked on 8/25/09, 2:49 am

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

Actually, even if solicitation of a prostitute is not a crime involving moral turpitude (CIMT), which I'm not sure what you say is correct, it is still an independent ground of inadmissibility and could prevent your readmission. DUI is also not a CIMT (unless maybe if it involved death so become some kind of vehicular manslaughter). But, if you're accepting the plea bargain on the solicitation case down to "disturbing the peace," which is not a CIMT either in California, then you should be admitted upon reentry. If on the way back, as a LPR you're treated as an applicant for admission and there are no CIMTs on your records, you are not inadmissible.

The worst that could happen is on the way back the inspector takes away your green card and places you into deferred inspection. They'll set an appointment for you to come back for an interview. I just did a case like this two weeks ago, and got the applicant his green card back at the interview when I convinced ICE that a welfare food stamp "fraud" case did not involve CIMT because it did not really involve fraud as the California generic statute seems to indicate. If you have any problems, give my office a call.

Larry L. Doan

www.GuruImmigration.com

http://guruimmigration.wordpress.com (blog)

Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has been screened. If follow-up advice on your specific situation is desired, please visit my website www.GuruImmigration.com for more details.

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Answered on 8/25/09, 10:35 pm


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