What are my chances? Prostitution charge and used a alias.

[together4evr 360]

FACTS:

Overstayed tourist visa-usually get a ban

Prostitution-crime moral turpitude--ban

lying to police about identity-crime

stealing friends identity-crime

lying on immigration forms-misrepresentation crime-ban

lying to immigraion officer-misrepresentation-crime

some crimes happened 5 years ago, 2 years ago and just a few days ago.

She has alot of work to do to prove she is changed.

But with all this against her I find it hard to believe the USA would forgive it all.

Even if she gets off the prostitution and identity theft...

the misrepr alone should get her a ban.

I feel so sorry for her friend

[AmyWrites 593]

I second the advice to move back home. I'm sorry, but it'll take a lot of $$$ or some sort of major divine intervention to help you stay in the US.

[Harsh_77 718]

Hello: If you have a good attorney you have done your part by doing what he/she has told you to do. Just take everything you get on VJ with a grain of salt (don't believe it). People in this forum often answer things and sound convincing when they have no idea. I took advice here and got a RFE. Then after I got the RFE people knew the correct answer. It's hard to know who to trust. If someone answers you that they have been in the same situation before then discuss it with them is my suggestion. Alot of what you're getting is rhetorical BS.

You getting an RFE is not solely on the advice from the members of this forum. It would not be fair to members of this forum who give time and energy to ppl who are looking for advice or available options.

Getting an RFE can be coz of multiple reason, two same exact application one can get RFE and one will go thru without any RFE that happens a lot.

There is no specific reason or logic if you do certain things you won’t get an RFE, some of it also falls on the officer who is reviewing your application, if (s)he is not convinced and wants additional information they can ask for RFE.

Same officer cannot just approve all the application that come their way without RFE, I am sure if they do that they would have to hear from their boss about not scrutinizing the applications.

So the members on this board has nothing to do with you getting RFE or not get over it.

[Joandjo 20]

You getting an RFE is not solely on the advice from the members of this forum. It would not be fair to members of this forum who give time and energy to ppl who are looking for advice or available options.

Getting an RFE can be coz of multiple reason, two same exact application one can get RFE and one will go thru without any RFE that happens a lot.

There is no specific reason or logic if you do certain things you won't get an RFE, some of it also falls on the officer who is reviewing your application, if (s)he is not convinced and wants additional information they can ask for RFE.

Same officer cannot just approve all the application that come their way without RFE, I am sure if they do that they would have to hear from their boss about not scrutinizing the applications.

So the members on this board has nothing to do with you getting RFE or not get over it.

Your comments were the ones I was referring to. I'm not surprised you'd speak up. I don't find a single reference point to your comments. You just say things to say them.

[Justine+David 218]

Your comments were the ones I was referring to. I'm not surprised you'd speak up. I don't find a single reference point to your comments. You just say things to say them.

New to VJ?

But, let's stick back to the topic. OP, have you considered moving back to Belgium?

Edited January 11, 2012 by Justine+David

[Robert&Karen 264]

The one positive that I Can see here is that a prostitution charge is small potatoes to the police when compared to drugs and violence they have to contend with. You can always turn yourself in to clear up the case, and ask to have the case reopened and plead not guilty. There is case law in this, rather common actually, not cheap, and not always successful. But just saying, if I were you I'd see about turning back time as an option. The fact that you come forward to clarify the entire debacle rather than them having to seek you out can also work in your favor. You'll need all the help you can get.

[Harsh_77 718]

Your comments were the ones I was referring to. I'm not surprised you'd speak up. I don't find a single reference point to your comments. You just say things to say them.

Sorry dude I cannot teach you how to read, unfortunately seems you cannot read.

Go back and read comment #9 and #14.

[Joandjo 20]

I entered the US legally on a B2 visa in Nov 2007.

Got married April 2011

Applied for AOS September 2011

EAD approved and received

Interview Jan 03

I have a pretty complicated case, during my interview the agent asked about my previous arrests, I told her the truth about one case (case got dismissed and thrown out). Not knowing they found out about a previous "prostitution" case in 2009.

When I got arrested I freaked out and used my friends name because I didnt know what my rights were, I was scared of getting deported. I never went back to take care of this situation.

My friend is working on getting this case expunged since it wasn't her.

The agent told me that I needed a certified copy that these charges were dropped, and that I don't have a criminal background on my real name in the city that I got arrested. The deadline is March 03. She did make me sign a form about the explanation that says that I need to renew my Green Card on time once I recieve it.

What are my chances? I do have a lawyer.

The first advice you got was perfect; Your attotney is who you should trust. All you got after that was taunting by a flock of Harpees. Obviously no one here knows your chances. You weren't convicted of anything, if you were a citizen you'd be able to get the felony arrest expunged after 2 years. Good luck on your situation! And remember when this is over if you do get to stay keep coming back to this site and you will have some real input for someone in your situation.

Edited January 11, 2012 by Joandjo

[together4evr 360]

I like to think the USA government wants to approve upstanding citizens.

Would you like to have someone like her as your "friend". If she did things in the past she could do them again. I hope our government does what it is supposed to. I like rules. I live by the rules. And to think that the government is making me jump through all these hoops to be with my husband in the USA while they approve not so upstanding people makes me upset and disgusted.

I do not think the USA or any other country should say it is ok if you were bad in tha country so please stay in ours.

[Robert&Karen 264]

The first advice you got was perfect; Your attotney is who you should trust. All you got after that was taunting by a flock of Harpees. Obviously no one here knows your chances. You weren't convicted of anything, if you were a citizen you'd be able to get the felony arrest expunged after 2 years. Good luck on your situation! And remember when this is over if you do get to stay keep coming back to this site and you will have some real input for someone in your situation.

Not all felonies are eligible for expungement. For this to happen you NEED an attorney. It is not automatic and you need to meet many requirements, and the conviction has to be of certain qualifications. This is not a seed I'd plant in others' minds, it can give false hope.

[I AM NOT THAT GUY 5,715]

Not all felonies are eligible for expungement. For this to happen you NEED an attorney. It is not automatic and you need to meet many requirements, and the conviction has to be of certain qualifications. This is not a seed I'd plant in others' minds, it can give false hope.

Expungement takes a court order, only affects the local record, and does not remove the record, if any, from the FBI database.

[cdneh 3,112]

The one positive that I Can see here is that a prostitution charge is small potatoes to the police when compared to drugs and violence they have to contend with. You can always turn yourself in to clear up the case, and ask to have the case reopened and plead not guilty. There is case law in this, rather common actually, not cheap, and not always successful. But just saying, if I were you I'd see about turning back time as an option. The fact that you come forward to clarify the entire debacle rather than them having to seek you out can also work in your favor. You'll need all the help you can get.

It may well be small potatoes to the police, but that does not necessarily reflect the view of USCIS.

[Joandjo 20]

Expungement takes a court order, only affects the local record, and does not remove the record, if any, from the FBI database.

I have an expunction and it was removed from my FBI record. I have the license to prove it.

Edited January 11, 2012 by Joandjo

[belinda63 3,031]

Some states do not allow expungement of felonies. But be that as it may she has no conviction nor statement of no-charge because she skipped out and never appeared in court. She has a pending case that has to be resolved prior to the AOS being approved or denied.

[Joandjo 20]

Not all felonies are eligible for expungement. For this to happen you NEED an attorney. It is not automatic and you need to meet many requirements, and the conviction has to be of certain qualifications. This is not a seed I'd plant in others' minds, it can give false hope.

NO FELONY CONVICTIONS ARE eligble for expunction. Single arrests are. I don't say something unless I know first hand what I'm saying.