Arrested for soliciting a prostitute and worried about your chances of obtaining U.S. citizenship? While such an arrest doesn’t automatically bar you from naturalization, it does complicate your path and raises questions about your moral character. This guide will help you understand how arrests related to prostitution affect your U.S. citizenship application and what steps you can take to address this issue.
Understanding “Procuring Someone for Prostitution” in Immigration Law
In U.S. immigration law, “procure” means acting as a procurer or pimp, enticing others to use a prostitute’s services. This was clarified by the Board of Immigration Appeals (B.I.A.) in the 2008 Matter of Oscar GONZALEZ-ZOQUIAPAN case. While “procure” generally means to obtain, in prostitution contexts, it specifically refers to obtaining a prostitute for another. If you visited a prostitute without engaging in procuring or pimping, your actions don’t fit this definition. Therefore, on Form N-400, you should answer “No” to avoid an automatic bar to naturalization based on lacking good moral character.
Arrest for Soliciting a Prostitute and Its Impact on Good Moral Character
If you’ve been arrested for soliciting a prostitute, you must disclose this arrest when applying for U.S. citizenship. Answer “Yes” to questions about arrests, charges, or convictions on Form N-400. Provide detailed information about the arrest, including the place and date, and relevant documentation showing the outcome. USCIS considers solicitation convictions when evaluating your moral character. To demonstrate good moral character, you may need to provide a letter of support from a religious leader, evidence of a responsible lifestyle, a strong work history, and involvement in volunteer work. It might also be beneficial to wait before applying for citizenship, as discussed next.
Arrest for Soliciting a Prostitute and Crimes of Moral Turpitude
Deportation Risks and Timing
In the worst-case scenario, USCIS might classify an arrest for hiring a prostitute as a crime involving moral turpitude (CIMT). Depending on the timing and sentence length, this classification could lead to naturalization denial and potential deportation. A strategy to consider is waiting five years from the conviction before applying for citizenship. This period aligns with the required permanent residency period for most applicants. By waiting, you can better demonstrate good moral character during the critical period USCIS scrutinizes. Remember, USCIS can review your arrest history beyond the five-year threshold, but maintaining a clean record during this time can significantly bolster your case.
Seeking Legal Guidance
Given the complexities of arrests for soliciting a prostitute and their impact on U.S. citizenship applications, it’s highly advisable to consult both a criminal defense attorney and an immigration lawyer. While the criminal justice system may view your case as resolved, immigration authorities might interpret it differently.
Obtaining U.S. citizenship is a significant milestone for immigrants. If you’re facing an arrest related to soliciting a prostitute, transparency and adherence to the legal process are crucial. By navigating these challenges diligently and seeking professional guidance, you can pursue your goal of becoming a U.S. citizen.
