Solicitation charge and entry - US LPR since 2019
 

Hi everyone,

Long time lurker, first time posting. In 2017, I made a stupid mistake and got charged with soliciting a prostitute(I know it’s bad) which is a class B misdemeanor (punishable by up to 6 months in jail) in the US. I was given an option for pre trial diversion upon completion of life skills class and 6 month probation. I successfully completed the requirements and my case was dismissed and expunged.
After this, I became US Legal permanent resident in 2019 and didn’t have any issues there(i485 requires you to answer a bunch of admissibility questions amongst others). My case fell under petty case exception. I will be applying for citizenship in the US in 2022. In the meantime, I’m planning on taking an international trip next year from the US to Europe. I would like to know what to expect at the port of entry and any issues that may come up entering the US.

cheers!

Which passport are you traveling on, OP? If your case was expunged, I'm not sure why the US would have any information on the case.

There is no guarantee. Under the petty offense exception, you are not inadmissible, but you may be deportable.

Best case - nothing happens. Worst case - removal proceeding (mostly rule in your favor).

If you are so concern, don't exit the U.S. until you are naturalized. If it must, make sure that you have an immigration lawyer's phone number handy.

Because solicitation is a CIMT (crime involving moral turpitude).

First - it does not matter if the case was expunged or not. If OP does not honestly report this, any status granted will be revoked as immigration fraud once found out. OP has done a good job here by self-reporting.

Second - CIMT does not require a conviction. An admission is sufficient enough. Typical diversion programs require defendants to admit the crimes committed in exchange of leniency. That's why OP is sort of in immigration "probation".

Wow, talk about punishment not fitting the crime!

Under INA §212(a)(2)(A)(i)(I), a foreign national who has committed a crime involving moral turpitude (CIMT) is inadmissible. In order to overcome this inadmissibility, the foreign national must obtain either a non-immigrant waiver under INA §212(d)(3) or an immigrant waiver under INA §212(h).

However, if the foreign national’s sole conviction for a CIMT falls under the enumerated ‘Petty Offense Exception’ found under INA §212(a)(2)(A)(ii)(II), the foreign national will not be inadmissible and thus, will not require a waiver to re-enter the United States.

I did some research. Per the law, my issue falls under petty case exceptions. So clearly there’s no question of inadmissility - I think they may still pull me for secondary though!

Expunged from the public’s eye OP. Fed and govt officials can see it. However I did run a FBI summary check and nothing showed up.

What country did the offense occur in? What country did diversion occur in ( I presume same answer to both)?
What country are you citizen of, and what country are you a permanent resident of?
And what country(ies) are you departing and arriving?
None of the your questions make any sense without this information.

None of this is relevant. OP is a US LPR waiting for citizenship. His concern is what happens when he re-enters the US. Whether he travels to Angola or Australia is not material.

OK, but how do you know this? Where does it say he is a US Landed Permanent Resident?
And where does it say he is worried about re-entering the US?

I’ve updated my question with relevant information. US LPR waiting to apply for citizenship. I was given the ticket in the US(2017) and planning on taking an international trip next year.

It is obvious from reading the OP.

LondonElite is correct in this instance.

Given the LPR status (for the record - LPR actually stands for Lawful Permanent Resident), given the CIMT committed before the LPR status was granted, OP is safe as soon as he remains in the U.S., at least until he has to appear with the USCIS. With the LPR status, citizenship is irrelevant. Assuming OP's LPR status is not granted via asylum, where he intends to go is also immaterial.

CBP, on the other hand, is a different matter. CBP has independent authority to initiate removal proceeding against OP (as a matter of law, CBP must allow OP to enter so that OP can appear to an immigration judge). That's why I said there is no way to know how CBP will treat OP.

If OP is so concern, OP should wait until naturalization. By then, OP would be bullet-proof from CBP.