Introduction:

The United States immigration system can be complex, particularly when it comes to criminal offenses that may affect an individual’s ability to secure or maintain lawful immigration status. One such offense is the solicitation of prostitution immigration. For non-citizens, being charged or convicted of solicitation of prostitution can have serious immigration consequences. In this article, we will explore how this offense can affect immigration status, the potential penalties, and the options available for non-citizens facing such charges.

What is Solicitation of Prostitution?

Solicitation of prostitution is a criminal offense that occurs when an individual offers money or other items of value in exchange for sexual services. Although the laws regarding prostitution vary by state, solicitation typically involves actively seeking out or negotiating such services, regardless of whether the transaction is completed.

In most states, solicitation of prostitution is considered a misdemeanor, but multiple offenses or aggravating factors can elevate the charge to a felony. While some may view this offense as a minor or low-level crime, its consequences for non-citizens can be significant, especially in the context of U.S. immigration laws.

Immigration Consequences of Solicitation of Prostitution

For non-citizens, even a misdemeanor conviction can result in severe solicitation of prostitution immigration consequences. Solicitation of prostitution falls into a category of offenses that can impact immigration status, including inadmissibility and deportability. The exact impact will depend on the nature of the charge and the individual’s immigration status.

• Inadmissibility: A non-citizen may be deemed inadmissible to the U.S. if they are convicted of solicitation of prostitution. This can prevent them from obtaining a visa, green card (lawful permanent residency), or even reentering the U.S. after travel abroad. U.S. immigration law considers prostitution-related offenses to be a ground for inadmissibility under the Immigration and Nationality Act (INA) Section 212(a)(2)(D).

• Deportability: In some cases, a conviction for solicitation of prostitution can result in deportation (removal) from the U.S. This is particularly concerning for non-citizens who hold temporary visas or green cards. While prostitution-related offenses do not always lead to deportation, repeat offenses or convictions combined with other crimes may increase the risk of deportation under INA Section 237.

• Impact on Naturalization: For individuals seeking U.S. citizenship, a conviction for solicitation of prostitution can delay or disqualify them from naturalization. U.S. immigration law requires applicants to demonstrate "good moral character" for a certain period before applying for citizenship. A prostitution-related conviction may be viewed as evidence of poor moral character, potentially leading to a denial of the application.

Aggravating Factors and Exemptions

Several factors can influence how solicitation of prostitution affects immigration status. For example, if an individual is convicted of more serious offenses such as human trafficking or promoting prostitution, the consequences can be even more severe. Additionally, offenses involving minors are treated with particular gravity and can result in mandatory deportation.

However, not all solicitation-related offenses automatically lead to deportation or inadmissibility. If a charge is dismissed or expunged, or if the individual can successfully challenge the conviction on legal grounds, they may avoid immigration penalties. Additionally, in some cases, non-citizens can apply for waivers of inadmissibility, depending on the specifics of their situation.

Legal Options for Non-Citizens

Non-citizens facing solicitation of prostitution immigration charges should seek legal counsel immediately to understand their options. A criminal defense attorney experienced in both immigration and criminal law can help evaluate potential defenses, negotiate plea deals that minimize immigration consequences, or apply for post-conviction relief.

In some cases, non-citizens may be eligible for relief from removal (deportation), such as cancellation of removal, asylum, or adjustment of status, depending on their circumstances. It is crucial to work with an immigration attorney to explore all possible legal avenues.

Conclusion

Solicitation of prostitution may seem like a minor offense, but for non-citizens, it can have far-reaching consequences on immigration status. It can result in inadmissibility, deportability, or the denial of citizenship applications. Non-citizens facing such charges should take immediate steps to understand their legal options and work with an experienced attorney to protect their immigration status and future in the United States.