The BIA addressed convictions for solicitating a prostitute in Matter of GONZALEZ-ZOQUIAPAN , 24 I&N Dec. 549 (BIA 2008) and found that:
- A single act of soliciting prostitution on one’s own behalf does not fall within section 212(a)(2)(D)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2)(D)(ii) (2006), which provides for the inadmissibility of an alien who “procured . . . prostitutes or persons for the purpose of prostitution.”
- The respondent’s conviction for disorderly conduct relating to prostitution in violation of section 647(b) of the California Penal Code does not render him inadmissible under section 212(a)(2)(D)(ii) of the Act.
This BIA reached a positive conclusion by taking a common sense, plain english reading of the statute. Part of their analysis and full decision below:
“The language of section 212(a)(2)(D)(ii), on its face, relates only to persons who “procure” others for the purpose of prostitution or who receive the proceeds of prostitution. The dictionary meaning of the word “procure” is generally to obtain or acquire, but as applied to prostitution, it has a specific meaning, i.e., “[t]o obtain [a prostitute] for another.” Webster’s II New College Dictionary 882 (2001); see also Matter of R-M-, 7 I&N Dec. 392 (BIA 1957) (finding the respondent inadmissible under the predecessor statute to section 212(a)(2)(D)(ii) for soliciting men for the purpose of sexual intercourse with prostitutes). We agree with the respondent that under the most reasonable interpretation of the statute, the term “procure” does not extend to an act of solicitation of a prostitute on one’s own behalf. If Congress had intended to include “solicitation” of prostitution as a ground of inadmissibility, it could easily have employed that term, as it has done in other provisions of the Act. See, e.g., sections 212(a)(3)(B)(iv)(IV), (V) of the Act.”
Ricky Malik, Esq.
Common questions About Preparing For Citizenship And Naturalization Tests
Studying for the citizenship and naturalization test may seem daunting, but understanding what lies ahead helps simplify the process. At our firm, we regularly assist individuals preparing for their naturalization interviews and tests, and we understand how important clarity and preparation are for success. Having an Alexandria, VA immigration lawyer to guide you can significantly improve your readiness and confidence.
What topics are covered on the citizenship test?
The citizenship test primarily focuses on two areas—civics (U.S. history and government) and English proficiency. The civics portion tests your knowledge of American government principles, historical facts, and symbols. You should be prepared to answer questions about the Constitution, the branches of government, significant historical events, and civic responsibilities. The English portion assesses your ability to read, write, and speak basic English.
How many questions do I need to answer correctly to pass?
You will be asked up to 10 questions from a pool of 100 possible civics questions. To pass, you must correctly answer at least six of these questions. It’s important to study the full list of 100 questions provided by USCIS to be fully prepared. Our citizenship attorney will share that while this may seem challenging, thorough preparation makes this achievable for most applicants.
What happens if I fail the naturalization test?
If you do not pass the English or civics test during your first interview, USCIS gives you one more chance to retake the section or sections you did not pass. This retake is typically scheduled within 60 to 90 days after the initial interview. If you don’t pass during the second attempt, a visa lawyer can attest to the fact that your naturalization application will likely be denied. At this point, consulting with an Alexandria immigration lawyer can provide crucial guidance on the next steps to take, including filing an appeal or reapplying.
How can I best prepare for the civics portion of the test?
Effective preparation includes regularly reviewing the official USCIS list of 100 civics questions. Practicing with flashcards, interactive online quizzes, or attending a citizenship preparation class can be highly beneficial. We also recommend engaging in conversations about U.S. history and government topics with family or friends to reinforce your memory. Consistent practice greatly increases your chances of passing comfortably.
What type of English proficiency is required for naturalization?
USCIS requires applicants to demonstrate basic English skills in reading, writing, and speaking. During the interview, you’ll need to speak clearly enough to understand and respond to the USCIS officer’s questions. You will also need to correctly read and write at least one out of three sentences provided to you. It’s helpful to practice common phrases and questions you’ll likely encounter during your naturalization interview.
Preparing Confidently for Your Citizenship Journey
Becoming a U.S. citizen is a significant milestone, and thorough preparation is essential. If you’re feeling uncertain about any part of the naturalization test or application process, reaching out for professional support from an immigration attorney can make a significant difference. As an experienced Alexandria immigration lawyer, with offices in Maryland and Virginia, our team is ready to provide personalized guidance and assistance throughout your citizenship journey. As members of the American Immigration Lawyers Association, we are passionate about helping those experiencing challenges surrounding immigration. To discuss your specific situation, contact The Law Offices of Ricky Malik, P.C.
