1/13/2010

The Administrative Appeals Office (AAO) recently found that a single conviction for patronizing a prostitute did not qualify as a crime involving moral turpitude (CMT). The AAO found that a waiver of inadmissibility was not required. In this particular case, the permanent resident, or "green card," application was denied and an appeal was filed with the AAO, since there was a denial of the waiver of inadmissibility. 

Fortunately for the green card applicant, the AAO found that the waiver was not needed because the crime was not a CMT and the appeal was dismissed, so that the individual was able to obtain U.S. permanent resident status.

The foreign national in this case had applied for permanent residence, and was found to be ineligible by the USCIS. Ineligibility was based upon a finding that the applicant was inadmissible to the U.S. under existing law, having been convicted of two CMTs. The convictions were for forgery and for patronizing a prostitute. 

The applicant requested a waiver of the inadmissibility, based upon extreme hardship to certain U.S. citizen or permanent resident relatives. The waiver was denied and appealed to the AAO. Individuals convicted of CMTs are inadmissible There is an exception, however, for situations involving a single conviction that fits within what is referred to as the petty offense exception.

The AAO found that the District Director improperly characterized the conviction for patronizing a prostitute as a CMT. The AAO relied upon a Board of Immigration Appeals (BIA) case in finding that a single act of soliciting prostitution on one's own behalf is not a CMT. The AAO noted that other crimes related to prostitution, such as maintaining a house of prostitution or securing another for employment as a prostitute have been found to be CMTs.

The remaining conviction for forgery fit within what is known as the petty offense exception. This applies to a single conviction of a CMT, with a maximum possible jail sentence of one year or less. The AAO held that the conviction of forgery in the third degree met the petty offense exception. This determination meant that the applicant was not inadmissible from the U.S. and did not need a waiver approval before his status could be adjusted to that of lawful permanent resident.

Just because a crime is not a CMT, does NOT mean that it is in any way acceptable or advisable. Prostitution is illegal in most states in the United States. The police often set up "sting" operations, situations to catch people who patronize prostitutes, as prostitution is a crime often connected to many other types of vice and organized crime. 

Aside from the obvious health risks of contracting diseases, including HIV/AIDS, such an arrest or conviction must be revealed on one's forms that request such disclosure throughout the immigration process. At a minimum, this is embarrassing; particularly when one may have to reveal such matters to an employer or to family members.