Quick Reference Chart for Determining Immigration Consequences ...

APPENDIX A: QUICK REFERENCE CHART FOR DETERMINING IMMIGRATION CONSEQUENCES OF COMMON NEW YORK OFFENSES
Offense
Promoting
prostitution, 2nd
degree
Class C felony
Promoting
prostitution, 1st
degree
Class B felony
Permitting
prostitution
Class B
misdemeanor
NYPL
Section
Aggravated
Felony (AF)?
230.30 Probably is
“prostitution
business” AF. If
record of
conviction
establishes that
prostitution
promoted was
of a minor,
might also be
“sexual abuse
of a minor” AF.
If term of
imprisonment
imposed is one
year or more,
subsection (1)
might also be
“crime of
violence” AF,
particularly if
record of
conviction
shows
compulsion by
force (as
opposed to
intimidation).
230.32 Probably is
“prostitution
business” AF.
Might also be
“sexual abuse
of a minor” AF.
Crime Involving
Moral Turpitude
(CIMT)?
Probably.
Probably.
Other Grounds?:
Controlled Substance (CSO)
Crime Against Child (CAC)
Dom. Violence (CODV) etc.
Firearm Offense (FO)
Prostitution
Commercialized Vice
Might be “prostitution”
inadmissibility. If prostitute is
minor, might be CAC.
Might be “prostitution”
inadmissibility.
230.40 Probably NOT. Maybe. Might be “prostitution”
inadmissibility.
Comments, Strategies & Tips
These are by no means an exhaustive list of strategies and tips
advocates may pursue. For additional defense lawyer strategies,
see Chapter 5. For additional immigration lawyer strategies, see
Appendix K.
Tip for defense lawyers:
1. To avoid “prostitution” inadmissibility and CIMT risk,
consider obtaining an adjournment in contemplation of
dismissal (ACD) or an alternative offense such as
Disorderly Conduct (see below, PL 240.20) or Trespass
NYSDA IMMIGRANT DEFENSE PROJECT, December 2006 A-85