Our client, a Mexican national on a TN visa, applied for permanent residency as a derivative, based on an EB-2 I-140 that had been approved for his spouse. While interviews in this case are normally waived, he was scheduled for an interview because he had previously been convicted of Solicitation of a Prostitute. At the interview, Attorney Furqan provided the officer with the Board of Immigration Appeals (BIA) cases which established the precedent that solicitation offenses are not Crimes Involving Moral Turpitude, and even if they were, it would fall under the “petty offense exception.” The green card application was approved shortly thereafter, without the necessity of a waiver.
