A momentary lapse in judgment. A decision made under stress or out of character. For many non-U.S. citizens, an arrest for solicitation of prostitution feels like a personal embarrassment, a minor criminal matter to be resolved quickly and forgotten. However, in the unforgiving landscape of United States immigration law, such a charge is a legal landmine that can shatter the American dream, leading to visa denial, deportation, and permanent separation from one’s life and family in the U.S.

For over two decades, I have seen brilliant professionals, dedicated students, and loving family members face the devastating immigration consequences of a solicitation charge. They often come to us after the fact, shocked to learn that even a dismissed case or a minor fine can render them “inadmissible” or “deportable.” The intersection of state criminal law and federal immigration law is complex and treacherous. Understanding this terrain is not just advisable; it is critical for your survival in the United States.

This article serves as a comprehensive guide based on years of hands-on experience defending non-citizens in this exact situation. We will dissect the law, explain the processes, and outline the strategies necessary to protect your future.

Key Takeaways: Solicitation & Immigration Risks

• A solicitation of prostitution charge can trigger two separate grounds of inadmissibility: the specific “Prostitution and Commercialized Vice” ground and the broader “Crime Involving Moral Turpitude” (CIMT) ground.
• A formal criminal “conviction” is not always necessary. Immigration authorities can use your own admissions—to police or in court—to find you inadmissible under the prostitution ground.
• The consequences are severe, affecting your ability to get or renew a visa (like H-1B or F-1), obtain a Green Card (lawful permanent residence), re-enter the U.S., and become a U.S. citizen.
• Strategic handling of the underlying criminal case is paramount. Pleading to the wrong offense can create a permanent immigration bar.
• Waivers, such as the 212(h) waiver, may be available in some cases, but they require a sophisticated and well-documented application showing extreme hardship to a U.S. citizen or permanent resident relative.

The Severe Consequences: Inadmissibility vs. Deportability

To understand the impact of a solicitation charge, you must first grasp the two main threats it poses under the Immigration and Nationality Act (INA): being found “inadmissible” or being found “deportable.” These are not interchangeable terms and apply to people in different situations. The law analyzes these offenses under two primary statutory frameworks: the specific prostitution ground and the general Crime Involving Moral Turpitude (CIMT) ground.

Inadmissibility: The Wall at the Gate

Inadmissibility refers to a set of rules that prevent a non-citizen from lawfully entering the United States or from adjusting their status to that of a lawful permanent resident (getting a Green Card). You are most likely to face an inadmissibility determination when you:

• Apply for a visa at a U.S. consulate or embassy abroad.
• Seek entry at a U.S. port of entry (airport, land border) with Customs and Border Protection (CBP).
• Apply for a Green Card from within the U.S. through U.S. Citizenship and Immigration Services (USCIS).

A solicitation of prostitution charge can make you inadmissible under two distinct sections of the law:

• INA § 212(a)(2)(D) – Prostitution and Commercialized Vice: This is a highly specific and potent ground of inadmissibility. It bars individuals who are coming to the U.S. to engage in prostitution, or who have engaged in, procured, or received the proceeds of prostitution within the last 10 years. Crucially, the government’s position, backed by the Board of Immigration Appeals (BIA), is that this ground can apply even without a formal conviction. If you admitted to the police or a judge that you intended to pay for a sexual act, an immigration officer can use that admission alone to find you inadmissible. This is a trap for the unwary; many individuals admit to the facts to get their criminal case dismissed, only to have that admission used against them years later by USCIS or a consular officer.
• INA § 212(a)(2)(A)(i)(I) – Crime Involving Moral Turpitude (CIMT): A CIMT is a broad, judicially-created concept referring to conduct that is inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general. Whether solicitation is a CIMT is a complex legal question. It depends entirely on the specific language of the state statute you were charged under. Some statutes are considered CIMTs, while others are not. If your conviction is deemed a CIMT, you are inadmissible. There is a “petty offense exception,” but it is narrow and often does not apply.

The devastating part is that these grounds can apply conjunctively. An immigration officer can find that your offense is not technically a CIMT but still use your admission to make you inadmissible under the prostitution ground.

Deportability: The Threat from Within

Deportability (also known as “removability”) applies to non-citizens who are already lawfully in the United States, including Green Card holders. If you commit certain acts after being admitted, the government can initiate proceedings in Immigration Court to have you removed.

The relevant grounds mirror the inadmissibility grounds but have different triggers:

• INA § 237(a)(2)(A)(i) – CIMT: A non-citizen is deportable if they are convicted of a CIMT committed within five years of their date of admission to the U.S., for which a sentence of one year or longer may be imposed. Notice the specific requirements: a conviction (not just an admission) is required, it must be within five years of entry, and the potential sentence must be at least one year.
• INA § 237(a)(2)(D) – Prostitution and Commercialized Vice: This is a deportability ground that is less commonly used for a single act of solicitation, as it is generally aimed at those engaged in the business of prostitution. However, its language is broad and can be invoked by an aggressive U.S. Immigration and Customs Enforcement (ICE) attorney.

For most people with a solicitation charge, the primary risk is inadmissibility. It rears its head when you travel internationally and try to re-enter, or when you apply for an immigration benefit like a Green Card or citizenship. For a Green Card holder, a solicitation conviction might not make you deportable, but if you travel abroad, you will be treated as an “arriving alien” upon your return, and CBP can find you inadmissible based on the very same offense, potentially placing you in removal proceedings.

The Legal Process: From Criminal Court to Immigration Adjudication

Navigating a solicitation charge involves a dual-track legal process that often unfolds over years. The outcome in the first track—the state criminal court—directly and profoundly impacts the second—the federal immigration system. Understanding the roles of the key agencies and courts is essential to appreciating the journey ahead and the critical decision points along the way.

Stage 1: The State Criminal Proceeding

This is where the battle must begin. Immediately after an arrest, you will face charges in a local or state court. What happens here is the foundation for everything that follows.

• The Plea: The prosecutor will likely offer a plea bargain. It might seem attractive—perhaps pleading to a lesser offense, paying a fine, and having the case closed. This is the most dangerous moment for a non-citizen. Without guidance from a knowledgeable immigration attorney, you might plead guilty to an offense that sounds harmless (e.g., “disorderly conduct”) but whose statutory elements constitute a crime involving moral turpitude prostitution for immigration purposes.
• Admissions: As part of a plea or even a diversion program leading to dismissal, you may be asked to admit to the facts of the case on the record. As discussed, this admission can be used by immigration authorities to find you inadmissible under INA § 212(a)(2)(D), even if the criminal case is ultimately dismissed and sealed.

The goal in this stage is to secure a resolution that does not constitute a “conviction” for immigration purposes and avoids any admission to the elements of a prostitution offense.

Stage 2: The Federal Immigration Adjudication

Years may pass before the immigration consequences surface. When they do, you will interact with one or more powerful federal agencies.

• Department of State (DOS): If you are outside the U.S. applying for a visa, a consular officer will review your application. They have access to U.S. criminal databases. Upon seeing a solicitation arrest, they will scrutinize the case. They have broad discretion to deny a visa on inadmissibility grounds.
• Customs and Border Protection (CBP): If you have a visa or a Green Card and you travel internationally, a CBP officer will inspect you upon your return. They can question you about past arrests, access your records, and make an on-the-spot inadmissibility determination. They have the power to deny you entry, place you in expedited removal, or refer your case to an Immigration Judge.
• U.S. Citizenship and Immigration Services (USCIS): This is the agency that handles applications for benefits within the U.S., such as H-1B extensions, Green Card applications (Form I-485), and Naturalization (Form N-400). An officer adjudicating your case will see the arrest during routine background checks. They will issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID), demanding all certified court records. They will then analyze the offense under both the CIMT and prostitution grounds of inadmissibility.
• Executive Office for Immigration Review (EOIR): If USCIS denies your Green Card application and you are out of status, or if CBP places you in proceedings upon your return to the U.S., your case will be sent to the Immigration Court, which is part of EOIR. Here, an Immigration Judge (IJ) will hear your case, and an ICE attorney will act as the prosecutor, arguing for your removal from the country. This is a formal trial where we would present legal arguments, testimony, and evidence to defend you against the charges of inadmissibility or deportability. Decisions of the IJ can be appealed to the Board of Immigration Appeals (BIA).

The SRIS CIMT & Vice-Related Inadmissibility Worksheet

Facing a solicitation charge can feel overwhelming. This worksheet is designed to help you organize the facts of your situation and understand the key legal questions that an experienced attorney will analyze. It is for informational purposes and is not a substitute for a confidential case review.

Step 1: Document the Criminal Disposition

Gather every single document from your criminal case. Precision is everything.

• What was the exact statute you were charged under? (e.g., California Penal Code § 647(b), Virginia Code § 18.2-346). Write it down.
• What was the final outcome? (e.g., Conviction, Acquittal, Dismissal, Diversion Program).
• If convicted, what was the exact statute of conviction? This may be different from the original charge.
• Obtain the “certified disposition.” This is an official court document stating the final outcome.
• Obtain the complaint/information document and the plea colloquy transcript. These show what the government accused you of and what you admitted to in court.

Step 2: Analyze Under the Prostitution/Vice Ground (INA § 212(a)(2)(D))

This ground focuses on your conduct, not just a conviction.

• Did you make any admission of the facts to law enforcement or a judge? Think carefully: Did you write a statement? Did you answer “yes” when a judge asked if you offered money for a sexual act?
• Does the record contain an admission? Even if your lawyer says the case was dismissed, an admission in the court record can be fatal. An attorney must review the entire file to be certain.

Step 3: Analyze Under the Crime Involving Moral Turpitude (CIMT) Ground

This is a purely legal analysis of the statute of conviction, not your specific actions.

• Does the statute you were convicted under require an element of “moral turpitude”? An attorney does this using the “categorical approach,” comparing the elements of the statute to the generic definition of a CIMT.
• Is the statute “divisible”? If the statute lists multiple ways to violate the law, some of which are CIMTs and some are not, we must look at your record of conviction (like the plea agreement) to see which portion you were convicted under.
• Does the “Petty Offense Exception” apply? To qualify, you must have only one CIMT conviction ever, the maximum potential sentence for the crime cannot exceed one year, and the sentence you actually received cannot exceed six months of imprisonment.

Step 4: Assess Potential Waivers

If you are found inadmissible, a waiver may be your only hope.

• Are you seeking an immigrant visa or adjustment of status? The most common waiver is the INA § 212(h) waiver.
• Do you have a “qualifying relative”? For a 212(h) waiver, you must have a U.S. citizen or lawful permanent resident spouse, parent, or son/daughter.
• Can you prove “extreme hardship”? You must demonstrate that your qualifying relative would suffer extreme hardship if you were denied admission to the U.S. This is a very high standard that requires extensive documentation of financial, emotional, medical, and social factors.

Critical Legal Strategies: A Two-Front Battle

Successfully defending a non-citizen against the immigration consequences of a solicitation charge requires a proactive, two-pronged strategy. The first front is in the criminal court, aimed at damage control. The second is in the immigration system, focused on legal defense and, if necessary, seeking forgiveness through a waiver. Neglecting the first front makes winning on the second nearly impossible.

Strategy 1: The Criminal Defense Imperative

From the moment of arrest, the primary goal must be to mitigate future immigration harm. This is not the time to hire just any criminal defense lawyer; you need counsel who either is, or works directly in concert with, a seasoned immigration attorney.

• Plea Bargaining with an Immigration Focus: The top priority is to negotiate a plea to an offense that is definitively not a Crime Involving Moral Turpitude. This requires a deep analysis of the state’s criminal code to find a “safe” statute. An ideal outcome is a plea to an offense that regulates public order (like disturbing the peace or trespassing) and contains no elements related to commerce, fraud, or acts of moral depravity.
• Avoiding Admissions: The second, equally important goal is to avoid creating a record of admission to the elements of solicitation. We often advise clients to remain silent and counsel their criminal attorney to fight for a plea that does not require the client to state on the record that they offered money for sex. Sometimes, an “Alford plea,” where the defendant maintains innocence but concedes the state has enough evidence to convict, can be a useful tool, though it is not a perfect solution.
• Seeking Dismissal through Diversion: Many jurisdictions offer pre-trial diversion or deferred adjudication programs. While attractive because they can lead to a dismissal, they are a minefield. Many of these programs require an upfront admission of guilt. We must carefully review the program’s requirements to ensure it won’t trigger the admission-based inadmissibility of INA § 212(a)(2)(D).

Strategy 2: The Immigration Defense Framework

If the criminal case has already concluded, our focus shifts entirely to the immigration arena. The strategy depends on the specific facts and where in the process you are (visa application, Green Card application, etc.).

• The Legal Argument: Not a CIMT: If you have a conviction, the primary line of defense is a legal argument that the specific statute you were convicted under does not meet the federal definition of a CIMT. This involves writing a detailed legal brief, citing precedent from the BIA and the relevant Federal Circuit Court, and applying the complex “categorical approach.” We essentially argue that the law you violated is not, on its face, a crime of moral turpitude.
• The Factual Argument: No Admission: If the government is asserting inadmissibility under the prostitution ground based on an alleged admission, the strategy is to meticulously review the record. We search for ambiguity. Was the admission clear and unequivocal? Was it for the specific conduct covered by the statute? We challenge the government to produce a clear record of an admission and argue that anything less is insufficient to meet their burden of proof.
• The Waiver Application: A Plea for Forgiveness: If the offense clearly renders you inadmissible and the legal arguments are unlikely to succeed, the only path forward is often a waiver application. The INA § 212(h) waiver is the most common tool. Success here is not about re-litigating your criminal case; it is about demonstrating your good moral character since the offense and, most importantly, proving the extreme hardship your U.S. citizen or permanent resident family members would face without you. This is an exhaustive process involving hundreds of pages of evidence: psychological evaluations, financial records, medical documents, letters from community members, and a detailed, persuasive narrative of hardship.

Common Mistakes That Can Destroy Your Case

Over my years of practice, I have seen the same tragic and avoidable errors derail countless immigration journeys. These mistakes often stem from a misunderstanding of how the U.S. immigration system views criminal conduct. Avoiding these pitfalls is as important as any legal strategy.

• Assuming a “Dismissal” Means You’re Safe. This is the single most common and dangerous misconception. For immigration purposes, “what you did” can matter more than what the court did. If you admitted to the essential elements of solicitation to get your case dismissed, immigration authorities can and will use that admission to find you inadmissible under INA § 212(a)(2)(D).
• Hiring a Criminal Lawyer Who Doesn’t Understand Immigration Law. A criminal defense attorney’s job is to get you the best outcome in criminal court, which might be a plea deal that is disastrous for your immigration status. You MUST ensure your criminal lawyer is consulting with an immigration law authority or that you have retained separate immigration counsel from day one.
• Lying on Immigration Applications. When a form like the I-485 (Green Card application) or N-400 (Naturalization application) asks, “Have you ever been arrested, cited, or charged with any crime?” the answer must be “Yes.” Lying is a separate and often more severe violation that can lead to a finding of fraud or misrepresentation, making your case infinitely more difficult. Always be truthful and provide the certified court records explaining the outcome.
• Failing to Obtain a Complete, Certified Record. Simply telling USCIS your case was dismissed is not enough. You must provide official, certified court documents showing the final disposition. Failing to do so will result in delays, Requests for Evidence, and suspicion from the adjudicating officer.
• Believing a Single Solicitation Offense Cannot Get a Green Card Holder Deported. While a single CIMT might not meet the deportability standard, the danger lies in international travel. Once you leave the U.S. and attempt to re-enter, you are subject to inadmissibility grounds. A CBP officer can flag you for the old offense, deny you entry, and place you in removal proceedings, effectively turning an inadmissibility issue into a deportation crisis.
• Trying to Handle the Immigration Response Alone. Responding to a Notice of Intent to Deny or representing yourself in Immigration Court in a case involving a CIMT or prostitution ground is exceptionally unwise. The legal standards are complex, the stakes are enormous, and the government is represented by a trained attorney.

Glossary of Key Immigration Terms

Admission

In the immigration context, a formal acknowledgment of wrongdoing. For certain offenses like those under INA § 212(a)(2)(D), an admission of the elements of the crime can be sufficient to trigger inadmissibility, even without a criminal conviction.

Categorical Approach

A legal framework used by immigration courts to determine if a criminal conviction qualifies as a “Crime Involving Moral Turpitude” or other removable offense. It involves comparing the legal elements of the state statute of conviction to the generic federal definition of the offense, rather than looking at the specific facts of the crime.

CIMT (Crime Involving Moral Turpitude)

A broad category of crimes that involve conduct considered inherently base, vile, or depraved. There is no definitive list; it is determined by case law. A conviction for a CIMT is a common ground for inadmissibility and deportation.

Conviction (for Immigration Purposes)

Defined broadly under the INA. A formal judgment of guilt or, if adjudication of guilt is withheld, a finding of guilt by a judge or jury or a plea of guilty or nolo contendere, plus some form of punishment, penalty, or restraint on liberty has been imposed.

Inadmissibility

A legal status under INA § 212 that prevents a non-citizen from being lawfully admitted to the U.S. or from adjusting to permanent resident status. It is assessed at a visa interview, port of entry, or during a Green Card application.

Deportability / Removability

A legal status under INA § 237 that provides grounds for the U.S. government to remove a non-citizen who has already been lawfully admitted to the country.

Waiver

A form of legal forgiveness that, if granted, overcomes a specific ground of inadmissibility. The most common one for these cases is the INA § 212(h) waiver, which generally requires proving extreme hardship to a qualifying U.S. citizen or permanent resident relative.

Common Scenarios: How Solicitation Charges Affect Real People

The theoretical risks of a solicitation charge become much clearer when viewed through the lens of real-world situations. Here are a few common scenarios we encounter at Law Offices Of SRIS, P.C. that illustrate how these laws are applied.

Scenario 1: The H-1B Professional Facing a Visa Stamp

The Situation: An engineer on an H-1B visa is arrested in a solicitation sting. His criminal lawyer gets him into a diversion program where the charges will be dismissed after 12 months of probation and a fine. He had to admit the facts in court to enter the program. A year later, he needs to travel to his home country for a visa renewal stamp at the U.S. consulate.

The Immigration Problem: The consular officer sees the arrest. Even though the case was “dismissed,” the officer demands the court records. They see the admission and find him inadmissible under INA § 212(a)(2)(D). His visa is denied. He is now stuck outside the U.S., unable to return to his job. His only hope is to apply for a complex 212(h) waiver, if he even has a qualifying relative to establish hardship.

Scenario 2: The Green Card Holder Returning from Vacation

The Situation: A lawful permanent resident (Green Card holder) for eight years has a five-year-old conviction for solicitation of prostitution. He paid a fine and thought the matter was closed. He takes a family vacation abroad.

The Immigration Problem: Upon his return, the CBP officer at the airport runs his fingerprints and sees the conviction. The officer refers him to secondary inspection. There, he is informed that while his conviction may not have made him deportable while he was in the U.S., by traveling, he is now an “arriving alien” seeking admission. His conviction is for a Crime Involving Moral Turpitude, making him inadmissible. CBP places him in removal proceedings before an Immigration Judge to take away his Green Card.

Scenario 3: The Naturalization Applicant with an Old Offense

The Situation: A woman is applying for U.S. citizenship. She has been a permanent resident for 15 years. Seven years ago, she was arrested for solicitation, but the charge was amended to “Disturbing the Peace,” and she paid a small fine.

The Immigration Problem: USCIS sees the arrest on her record during the N-400 application process. The officer analyzes the original charge and the final conviction. Even though “Disturbing the Peace” doesn’t sound serious, the officer must determine if the specific statute she pled to could be considered a CIMT. Furthermore, the officer will question her about the underlying arrest during her interview. The application is put on hold while USCIS decides if the offense reflects poorly on her “Good Moral Character,” a key requirement for citizenship. Her application could be denied, forcing her to wait years to re-apply.

Frequently Asked Questions

Can I get a Green Card if I have a solicitation of prostitution charge?

It is extremely difficult but may be possible in some circumstances. If the charge resulted in a conviction for a CIMT or if you admitted to the conduct, you will be found inadmissible. Your only path to a Green Card would be to successfully obtain a waiver, like the 212(h) waiver, which requires proving extreme hardship to a U.S. citizen or permanent resident spouse or parent.

Will I be deported for a solicitation conviction?

If you are a Green Card holder, a single conviction for solicitation is less likely to meet the strict standards for deportability, unless it is a CIMT committed within five years of your admission for which a sentence of one year or more was possible. However, the real danger is inadmissibility. If you travel outside the U.S., you can be denied re-entry and placed in removal proceedings upon your return.

What if my solicitation case was dismissed?

A dismissal is not a guarantee of safety. Immigration authorities can still use any admission you made in connection with the case (to police or in court) to find you inadmissible under INA § 212(a)(2)(D). The entire record must be analyzed by an experienced immigration lawyer.

Is solicitation of prostitution always a Crime Involving Moral Turpitude (CIMT)?

No. It depends entirely on the precise wording of the state criminal statute. Some states’ laws have been found to be CIMTs, while others have not. This requires a specific legal analysis of the statute of conviction using the categorical approach.

I was just arrested. What is the most important first step?

Immediately contact an attorney who is knowledgeable in both criminal defense and immigration law. The decisions you and your lawyer make in the first few days and weeks of your criminal case will have the biggest impact on your immigration future.

Do I have to tell immigration about my arrest if the record was sealed or expunged?

Yes, absolutely. Federal immigration authorities do not recognize most state-level expungements or sealing orders for immigration purposes. You must disclose all arrests on any immigration application, even if they were dismissed or expunged.

What is a 212(h) waiver?

It is a waiver of inadmissibility for certain criminal grounds, including CIMTs and the prostitution ground. To be eligible, you generally must demonstrate that your denial of admission would result in “extreme hardship” to a U.S. citizen or lawful permanent resident spouse, parent, son, or daughter. It is a complex and evidence-intensive application.

How can CBP know about an old arrest?

CBP has access to multiple federal and state law enforcement databases, including the FBI’s criminal history database. Your fingerprints taken at the time of arrest create a record that is accessible to federal immigration officials for decades.

Can this affect my ability to become a U.S. citizen?

Yes. To naturalize, you must prove Good Moral Character (GMC) for the five years preceding your application (or three years for spouses of U.S. citizens). A conviction for a CIMT or an offense related to prostitution during this period is a statutory bar to proving GMC. Even an older offense can be used by an officer to argue you lack GMC.

My criminal lawyer said this was a “minor ticket.” Should I be concerned?

Yes. Criminal lawyers often evaluate cases based on criminal penalties (jail time, fines). They may not be aware that what is “minor” in criminal court can be a capital offense in immigration court, leading to permanent exile from the U.S. Always get a second opinion from a knowledgeable immigration attorney.

Protecting Your Future in the United States

An arrest for solicitation of prostitution is not a minor legal issue for a non-citizen; it is a direct threat to your entire life in the United States. The law is unforgiving, the agencies are powerful, and the stakes could not be higher. However, a negative outcome is not inevitable. With a proactive strategy, a deep understanding of the law, and experienced legal counsel guiding you through both the criminal and immigration systems, it is possible to navigate this challenge and protect your future.

If you or a loved one is facing this situation, do not wait for a denial letter from USCIS or a confrontation with a CBP officer. The time to act is now. The Law Offices Of SRIS, P.C. brings decades of focused experience to these complex cases. We understand the interplay between criminal convictions and immigration consequences and are prepared to defend your right to remain with your family and continue your life in the U.S.

Contact our office at 888-437-7747 to schedule a confidential case assessment. Let our experience work for you.

Disclaimer: The information provided in this article is for general informational purposes only and is not legal advice. The law is complex and changes frequently. An attorney-client relationship is not formed by reading this article or contacting our firm. You should consult with a qualified attorney for advice regarding your individual situation.