Waiver 4 Prostitution

Chynaaposted 7 years ago

Hi guys, now this is a very sensitive topic but all these threads are anonymous. Has anyone received a waiver for prostitution , how long did you wait? And what are your thoughts in terms of success rates for this particular situation?

Prostitution is legal in Canada but not in America . I have no criminal convictions/charges any where in the world. I have never even been charged for prostitution but apparently having a sugar daddy/arrangement falls under the umbrella of prostitution. Please share your thoughts

Replies (recent first):

John Rogers...this may not necessarily be true. You said in our Facebook group that first timers that applied for waivers after March 2017 will not get 5-year waivers anymore. You said that they will only get a 1-year waiver. Well this is not true. I posted an email from a client that applied for a waiver his very first time and got a 5-year waiver. He applied in April 2017 and he just got his waiver Monday, Aug 21, 2017. I will go out on a limb here and say this may not be true about prostitution of 5 yr bans or more will not get a waiver. We have some people with 5 yr and 10 yr bans that applied after March 2017 and they are still pending. I will update whether they get denied or not. 604 332-9213. us-entry-waiver.com

L.S. replied 6 years ago   #19

@JOHN ROGERS
You had said on another forum on 22 Aug ’17 · 10:59 (link below)
http://www.i194waiver.com/what-are-some-reasons-that-your-waiver-can-get-declined-anybody-know-of-any+1#tv7glcua8cj
that

Right now if you have a 5 year, a 10 year or a 20 year ban you will NOT get a waiver. Also any sexually based offences. I had many clients who were simply renewing their waiver and even with a past 5 year waiver and a conviction as old as the 60's the answer now is "no". Thats since March, which makes sense because thats 4 months after Trump changed the head of Homeland Security to John Kelly. again, any questions, call me at 416-843-1371.

Knowing that, does that mean prostitution related offenses will not get waivers?
I have a ban for 10 years due to prostitution and no criminal record. Like the others, I also was not intending to engage in prostitution in the US.

I submitted my waiver in early Jan. Should I withhold making any travel/study plans then, and expect a denial?

Lashes replied 6 years ago   #18

ANY offence other than sex related (I mean sexual assault or child pornography or indecent assault, NOT prostitution related offences) has a chance at a waiver AS LONG as enough time has elapsed. Rule of thumb is minimum 5 years although in some circumstances you can do 3.

Any questions, call me at 416-843-1371

JOHN ROGERS replied 6 years ago   #17

Hey all, I've been a lurker here and I'm in the same situation.
Never had trouble with the law, but said yes to section 212 (although I just wanted to go home or go to the bathroom after all the waiting they asked me to do--of course they didn't let me). Anyhow, don't want to get into the details of what happened. To sum it up, it was really nasty.

Now I'm banned for 10 years and in the middle of pursuing a Master's degree in the states (so much for that...)

The incident happened in December.
I filed the waiver on Jan. 5th...

Heard nothing yet.
Had a lawyer help me fill out the waiver and I submitted it at the land crossing.
...

Vancouverite replied 6 years ago   #16

@Chynaa

I am in a similar situation no criminal record or charge
A guy send me a western union 2 years ago and basically I said yes to section 212 without even knowing what it means
So that I could go on my flight that's what they said then they denied my entry .
It's been 9 months now and nothing :(
I applied end sempeber 2016 we are now almost June 1st 2017
Please help !!

Tara Torontoo replied 6 years ago   #15

@chyna

Did you get your waiver ??

Tara Torontoo replied 6 years ago   #14

@Sara, it has been 4 months for me they recently sent me a letter saying to re submit my finger prints for they were not readable, unfortunately still waiting, When did you apply?

Chynaa replied 7 years ago   #13

I payed my lawyer 2400$ And 585$ for the I 92 . I don't have a criminal record but was seeing a guy in Canada that was helping me financially . Can someone tell me the wait time ?

Sara replied 7 years ago   #12

Hi I'm in this situation as you did anything happen with your case??

Sara replied 7 years ago   #11

It generally is, even for alleged prostitution. Unless you face a time-bar of admissibility, one is free to apply for a waiver of inadmissibility at anytime after the event that gives rise to the need to apply.

Frank Jr. replied 7 years ago   #10

People get waivers for far worse actual conviction so does anyone think the approval rate should be high ?

Chynaa replied 7 years ago   #9

@ Wendy...

Your gonna need a waiver after 10 years ... your in the system now... September letters are being done and over with.

Good luck with your future endeavors and stay away from anything prostitution.

ABC replied 7 years ago   #8

You are very correct to be cautious in this situation. You don't even need a charge, or a conviction, for the border guards to turn you around. This is sadly true.

See this CBC article today, http://www.cbc.ca/news/politics/pot-border-banned-waiver-1.3752278

The gentleman in this article was turned away for having admitted essential elements of a commission of an offence, even if he wasn't charged or convicted of such. Moreover, this is even notwithstanding that marijuana is legalized in Washington State. States' rights don't matter when it comes to the U.S. Federal government, unfortunately.

Frank Jr. replied 7 years ago   #7

I also wanted to add that I constantly look up my scenerio and noticed that every case for prostitution that I have seen has been approved and these approvals are based on people that have actually been charged with prostitution, i have never been charged. So I was just trying to find someone that may have a similar situation as mine

Chynaa replied 7 years ago   #6

@Wendy & @Frank Jr.

See thats what makes my situation awkward. I have never been charged with prostitution but they "assumed" I was going to America to engage in the act because of what I've done in Canada -where its actually legal , which was having a sugar daddy that I met on seekingarrangement.com . I did not go to America and perform this act but they thought I was going to which is why they turned me around. So I pretty much need a waiver because they "assumed" I was going to America to perform the act of prostitution not because I actually did it there and got caught.

I also see people that get charged for much worse and get waivers so my mind is everywhere with this

Chynaa replied 7 years ago   #5

Text at above link:

Since the landmark BIA decision of Matter of Hranka in 1978, I-192 waivers and INA 212(d)(3) waivers have been adjudicated by consideration of three (3) factors:

(1) The risk of harm to society if the applicant is admitted;

(2) The seriousness of the applicant's immigration or criminal law violations; and

(3) The nature of the applicant's reasons for wishing to enter the U.S.

These are the only factors for consideration that have been set forth by law. However, I have noticed in many recent I-192 [INA 212(d)(3)] waiver decisions that the Admissibility Review Office ("ARO") has indicated that Matter of Hranka requires the weighing of at least the aforementioned three (3) factors. In addition to these factors, the ARO states that it also considers the following factors:

(1) The nature of the offense;

(2) The circumstances which led to the offense;

(3) How recently the offense occured;

(4) Whether it was an isolated incident, or part of a pattern of misconduct;

(5) Evidence of reformation or rehabilitation.

The ARO does not cite the legal authority providing for the consideration of these factors. Rather, the ARO states that these factors are considered when determining whether or not to exercise its discretion.

Frank Jr. replied 7 years ago   #3

Interestingly, one of the foundational cases that help set precedents to the benchmarks used when evaluating waiver approvals is called the "Matter of Hranka", in the 1970's, and involved a prostitution case used as a ground for inadmissibility. People should prepare their wavers carefully, according to the factors that the B.I.A. set as precedent.

http://www.borderimmigrationlawyer.com/home/2012/6/12/i-192-waivers-what-factors-does-the-aro-consider.html

Frank Jr. replied 7 years ago   #2

@wendy, if you weren't charged with a crime, but got a 10 year ban your basically taking a 50/50 chance on your application, you must have said something incriminating which is now in the system.

Sorry to say but having anything to do with prostitution is basic grounds for denial even as something as simple as answering a phone.

ABC replied 7 years ago   #1

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