I-485: Does answering yes in part 8 mean my application will be rejected?

[fridays 0]

I recently got my K1 visa and I'm planning to enter the US and get married early next year then apply for AOS.

 

I've been looking over the AOS paperwork and I'm worried because I have to answer yes to one of the questions in Form I-485, part 8 General Eligibility and Inadmissibility Grounds. Specifically "37. Have you EVER received proceeds or money from prostitution?"

 

My mum was a sex worker when I was a child, so all the food, clothes, shelter, money, she provided me with were from the proceeds of prostitution. My mum died when I wasn 17, so I never received any money from this as an adult. I have no criminal record and I've never comitted a crime. Prostitution and receiving proceeds of prostitution are not illegal in the UK. There are prostitution related crimes (Solicitation and Controlling Prostitution for Gain), but I've never comitted these crimes. My mum was arrested for solicitation, but never charged.

 

This never came up in the K-1 process. The DS-160 asks if you've engaged in prostitution or trafficked people for prostitution but not if you've received proceeds of prostitution.

 

Does answering yes in part 8 mean the application will definitely be rejected?

 

Will I need to provide any evidence or additional paperwork? Or should I just write an explanation in part 14?

 

Will I need to file I-601, Application for Waiver of Grounds of Inadmissibility?

[Mike E 11,739]

You should hire a lawyer especially since you are considering a waiver. Waivers are never DIY.  
 

I would 

 

*   not hire a lawyer for this.  
 

* answer no because as a minor child I’ve no control as  over how my parents earned a living.  
 

 I expect if you answer yes,  your I-485 will be denied.  

[fridays 0]

22 minutes ago, Mike E said:

I would 

 

* answer no because as a minor child I’ve no control as  over how my parents earned a living.  

Woudln't that be lying to USCIS? I thought lying was the thing should absolutely never do.

[Mike E 11,739]

15 minutes ago, fridays said:

Woudln't that be lying to USCIS?

 

I am saying what I would do.  
 

I would not consider it lying because I would not have received the proceeds from parents’ customers. The proceeds from the acts would have been passed directly from the customers to my parents (or perhaps through a 4th party, such as a procurer). 
 

If a well known prostitute regularly buys a bread from a baker and the baker later files I-485, has the baker received proceeds from prostitution? I think not.  
 

So personally I am certain about the answer I would write down, were I in your situation.  
 

Quote

I thought lying was the thing should absolutely never do.

The English that we use in common communications and the English used in laws are two distinct languages.  
 

What does does it mean to “receive proceeds” in this situation? That’s a legal question.   
 

What you should never do is naively write down an erroneous answer that is going to get you a permanent ban.  Be legally certain before further. You are no longer in DIY territory. Get a one hour consultation with an attorney to resolve this issue 

Edited December 12, 2022 by Mike E

[powerpuff 6,697]

I also think the answer is no. You were a minor and had no control over what your parents chose to do to raise you 

[Family 3,988]

55 minutes ago, Mike E said:

I would 

 

*   not hire a lawyer for this.  
 

* answer no because as a minor child I’ve no control as  over how my parents earned a living.  
 

 I expect if you answer yes,  your I-485 will be denied

Agree very loudly. Especially since question #8 is a politically correct phrase for asking if applicant ever worked as a pimp or pimp-ess 

[fridays 0]

22 minutes ago, Family said:

Agree very loudly. Especially since question #8 is a politically correct phrase for asking if applicant ever worked as a pimp or pimp-ess 

I know that's the intention of the question but it's not what it actually says.

 

36 minutes ago, powerpuff said:

I also think the answer is no. You were a minor and had no control over what your parents chose to do to raise you 

The question doesn't say anything about being an adult or making choices, it says "have you EVER"

 

I think I'm going to have to ask a lawyer because I don't want to answer no and then have USCIS think that I'm trying to mislead them. I knew where the money was coming from and I've never hidden what my mum used to do for a living, so it wouldn't be hard for them to find out if they looked in to me.

[Timona 4,207]

Your mom's life choice shouldn't count against you. The answer is NO, unless you want to create a mountain out of an anthill.

 

You don't have a problem/ not lying. Why are you creating one? USCIS paperwork isn't cheap. You creating a problem will require an attorney to fix. Attorneys in the US aren't cheap. 

 

Your choice. 

Edited December 13, 2022 by Timona

[Family 3,988]

1 hour ago, fridays said:

I know that's the intention of the question but it's not what it actually says.

Do yourself a favor and pay for advice you are willing to value.

 

As @Mike E tried to illustrate , there is every day usage and legal context . I for one, am not guessing and neither was he. 
 

As for them “ looking into you” …if you got your visa , you have met ALL the legal requirements and we welcome you …at the I-485 stage , you will have your biometric/ fingerprints taken and will again clear all hurdles. 
 

Glad you made it unscathed through what I can only imagine was a less than glamorous childhood…

[SteveInBostonI130 3,434]

11 hours ago, fridays said:

 

 

Self delete.

Edited December 13, 2022 by SteveInBostonI130

[iwannaplay54 985]

12 hours ago, fridays said:

I recently got my K1 visa and I'm planning to enter the US and get married early next year then apply for AOS.

 

I've been looking over the AOS paperwork and I'm worried because I have to answer yes to one of the questions in Form I-485, part 8 General Eligibility and Inadmissibility Grounds. Specifically "37. Have you EVER received proceeds or money from prostitution?"

 

My mum was a sex worker when I was a child, so all the food, clothes, shelter, money, she provided me with were from the proceeds of prostitution. My mum died when I wasn 17, so I never received any money from this as an adult. I have no criminal record and I've never comitted a crime. Prostitution and receiving proceeds of prostitution are not illegal in the UK. There are prostitution related crimes (Solicitation and Controlling Prostitution for Gain), but I've never comitted these crimes. My mum was arrested for solicitation, but never charged.

 

This never came up in the K-1 process. The DS-160 asks if you've engaged in prostitution or trafficked people for prostitution but not if you've received proceeds of prostitution.

 

Does answering yes in part 8 mean the application will definitely be rejected?

 

Will I need to provide any evidence or additional paperwork? Or should I just write an explanation in part 14?

 

Will I need to file I-601, Application for Waiver of Grounds of Inadmissibility?

“Receiving proceeds” is not what you are interpreting it to be.  The answer is no, you have not.

[GEOntificator 281]

12 hours ago, fridays said:

I recently got my K1 visa and I'm planning to enter the US and get married early next year then apply for AOS.

 

I've been looking over the AOS paperwork and I'm worried because I have to answer yes to one of the questions in Form I-485, part 8 General Eligibility and Inadmissibility Grounds. Specifically "37. Have you EVER received proceeds or money from prostitution?"

 

My mum was a sex worker when I was a child, so all the food, clothes, shelter, money, she provided me with were from the proceeds of prostitution. My mum died when I wasn 17, so I never received any money from this as an adult. I have no criminal record and I've never comitted a crime. Prostitution and receiving proceeds of prostitution are not illegal in the UK. There are prostitution related crimes (Solicitation and Controlling Prostitution for Gain), but I've never comitted these crimes. My mum was arrested for solicitation, but never charged.

 

This never came up in the K-1 process. The DS-160 asks if you've engaged in prostitution or trafficked people for prostitution but not if you've received proceeds of prostitution.

 

Does answering yes in part 8 mean the application will definitely be rejected?

 

Will I need to provide any evidence or additional paperwork? Or should I just write an explanation in part 14?

 

Will I need to file I-601, Application for Waiver of Grounds of Inadmissibility?

Why would you ever bring up your parents' occupation or where does it even come up? Sounds like you were a minor with no control over where the money came from. You are making a very easy case extremely difficult. This is baffling to be honest.

[iwannaplay54 985]

You personally would have to be “in the business” to “receive proceeds”.  You were not and are not.  To be disqualified you would have had to personally perform actions that could be criminal or immoral in nature and the actions of a relative are not required for you to disclose as your own.

[beloved_dingo 1,976]

Unless you were somehow arranging "clients" for your mother (as a minor, no less) and taking a cut of her pay to buy things for yourself, this question does not apply to you whatsoever and you should answer NO. 

 

This question is basically asking if you have ever benefitted financially by engaging in or promoting prostitution yourself.