got arrest record

[smokiessky]

My X wife is applying for citizenship. The big problem is after we were separated she got arrested for prostitution and massage without a

license. The charges got reduced to massage without a license, since then she passed the TX massage license and waiting for her license now. She is divorced and has a US born baby by her Chinese boyfriend. What kind of problems will she have to become citizen?

 

We separated in 2014 and I filed my taxes with only me so she does not have a 2014 tax return.

 

I am helping her with the paper work. Do I put my name as the preparing translator ?

[dnoblett]

Ok here is what Texas says about this:

 

A person commits an offense if the person is required to be licensed under this chapter and the person knowingly violates Section 455.205(a). An offense under this subsection is a Class B misdemeanor, unless the actor has previously been convicted one or two times of an offense under this subsection, in which event it is a Class A misdemeanor.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.455.htm#455.352

 

Here is what NOLO indicates:

 

Some crimes make a person only temporarily ineligible for citizenship. If, after the date you committed the crime, you wait out the same number of years that you must have to meet your permanent residence requirement – typically five years, or three years for applicants married to and living with a U.S. citizen for all that time -- you may be able to receive U.S. citizenship.

 

We say “may” because USCIS can still consider your past actions in reviewing your application — and choose to deny your application. But at least you will have a chance to prove that the good side of your character outweighs your past bad acts.

 

Here is a summary list of the crimes that make you temporarily ineligible for citizenship:

• You operated a commercial vice enterprise — for example, were a prostitute, ran a call-girl ring, or sold pornography.
• You participated in illegal vice activities—for example, hired a prostitute.
• You have been convicted of or admitted to a crime involving moral turpitude, such as fraud.
• You spent 180 days or more in jail or prison for any crime.
• You committed any crime related to illegal drugs other than a single offense involving 30 grams or less of marijuana.
• You have been convicted of two or more crimes, the combination of which got you a total prison sentence of five years or more.
• You get most of your income from illegal gambling or have been convicted of two or more gambling crimes.

The crimes on this list prevent you from establishing the necessary good moral character during the required period (three or five years).

 

If anything on your record remotely resembles a crime on the list above, see a lawyer. The lawyer can determine whether you will have a problem applying for citizenship and confirm how many years you should wait after the conviction date before you apply.

http://www.nolo.com/legal-encyclopedia/crimes-that-will-prevent-you-from-receiving-us-citizenship.html

(Sounds like since she committed this after separation and now is divorced may be required to wait until 5 years after the conviction in order to file the N-400, the 3 year rule requires marriage and living with same US citizen the entire 3 years)

[smokiessky]

Thanks for the help

 

It was a great adventure and I can say she was the best wife I ever had.

[dnoblett]

I suspect in her case she was working at a spa and one coworker was doing more than just massage, and she happened to get caught there when they went after the coworker.

 

My wife has a license and is quite strict about running a straight operation.

[Allon]

My wife does too. She is licensed and is quite strict as well, since the same place was busted by the cops and 4 women were imprisoned and of course, deported. There was also a sex slavery gang working near there. A new Chinese investor came to town who happened to work for a large bank took over the operation. Am I worried about her? F yes, I am. She is working 7 days a week and gets paid chickens..t. But if someone messes with her, as a former special forces guy, I am saddling up.

 

But I could see Dan's scenario of another worker going too far and the whole bunch gets in trouble. Part of my nightmare too.

 

I would not sign anything since she did not file taxes in 2014, unless she says she did not work. And then she would be lying....for 2015, 16,...It's a problem when you work underground. The burden of proof is on the IRS but if she has a bank account of any kind they will find it. Even a remittance card.

 

Good luck with it.