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” refers to acting as a procurer or pimp, enticing others to use a prostitute’s services, as clarified by the Board of Immigration Appeals 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 person. If you visited a prostitute without engaging in procuring or pimping, your actions do not meet this definition. Therefore, on Form N-400, you should answer “No” to avoid an automatic bar to naturalization due to lack of 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. On Form N-400, answer “Yes” to questions about arrests, charges, or convictions. Provide detailed information about the arrest, including the date, location, and relevant documentation showing the outcome. USCIS considers solicitation convictions when assessing your moral character. To demonstrate good moral character, you may need a letter of support from a religious leader, proof of a responsible lifestyle, a solid work history, and evidence of volunteer work. It may also be beneficial to wait before applying for citizenship.
Arrest for Soliciting a Prostitute and Crimes of Moral Turpitude
Deportation Risks and Timing
In the worst-case scenario, USCIS may classify an arrest for hiring a prostitute as a crime involving moral turpitude (CIMT). This classification could result in denial of naturalization and potential deportation, depending on the timing and sentence length. Consider waiting five years from the conviction before applying for citizenship, as this aligns with the required permanent residency period for most applicants. By waiting, you can better demonstrate good moral character during the critical period of USCIS reviews. Keep in mind that USCIS can look at your arrest history beyond the five-year mark, but maintaining a clean record during this time can significantly strengthen your case.
Consequences of a Solicitation Arrest
1. Criminal Record and Immigration Status
A conviction for solicitation of prostitution is classified as a crime involving moral turpitude (CIMT). This classification can lead to severe immigration consequences, including deportation. If a non-citizen is convicted, they may lose their immigration status and face removal proceedings, especially if the crime occurred within the first five years of their entry into the U.S. or if they commit multiple CIMTs .
2. Good Moral Character Requirement
When applying for U.S. citizenship, applicants must demonstrate “good moral character.” An arrest or conviction for solicitation can be viewed negatively by U.S. Citizenship and Immigration Services (USCIS). Even if an arrest does not lead to a conviction, it can still raise concerns about an applicant’s moral character. Applicants must disclose any arrests on Form N-400, which could complicate their path to citizenship.
3. Potential for Denial of Citizenship
While an arrest alone does not automatically bar someone from obtaining citizenship, it can lead to scrutiny during the naturalization process. USCIS may deny citizenship if they believe the applicant has not shown good moral character due to their criminal history.
4. Legal Representation
It is crucial for individuals facing solicitation charges to consult with both criminal defense and immigration attorneys. Legal guidance can help navigate the complexities of how a solicitation charge may affect immigration status and citizenship eligibility
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.
Long-Term Career Effects of a Solicitation Arrest
1. Criminal Record and Employment Opportunities
- Permanent Record: A solicitation conviction typically results in a permanent criminal record, which can be accessed by employers during background checks. This can significantly hinder your chances of securing employment, particularly in fields that require trust, such as finance, education, or healthcare.
- Job Applications: Many employers view criminal records as red flags, which can lead to disqualification from job opportunities even if the conviction is not directly related to the job duties.
2. Educational Limitations
- Federal Aid Ineligibility: Certain convictions can make you temporarily ineligible for federal student aid, affecting your ability to pursue further education or training necessary for career advancement.
- Admission Challenges: Competitive educational institutions may also be less willing to admit applicants with criminal records, limiting your educational opportunities and professional growth.
3. Professional Licensing Issues
- Licensing Barriers: If your career requires specific licenses (e.g., medical, legal, teaching), a solicitation conviction may prevent you from obtaining or maintaining these licenses. Many licensing boards consider criminal convictions when issuing licenses, particularly for professions involving vulnerable populations.
- Impact on Current Employment: Even if you currently hold a job, a solicitation conviction could lead to disciplinary actions or termination based on employer policies regarding criminal conduct.
4. Social Stigma and Reputation
- Reputational Damage: The stigma associated with solicitation arrests can affect how colleagues and clients perceive you. This reputational damage may hinder networking opportunities and professional relationships essential for career advancement.
- Community Relationships: Beyond professional implications, personal relationships within your community may also suffer due to the social stigma attached to solicitation charges.
5. Future Legal Complications
- Increased Scrutiny: Future legal issues may arise more easily due to the existing record, as prior convictions can influence the severity of penalties for any subsequent offenses.
- Difficulty in Expungement: While some jurisdictions allow for expungement or sealing of records after certain conditions are met, this process can be complex and not guaranteed. Even if successful, the record may still exist in some form
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.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your application straightforward and successful. Whether you’re applying for a B-1/B-2 Visitor Visa or H-1B Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
