I am a non immigrant under student F1 visa in Kentucky. I am from india. I came to united states on August 8th 2014. After coming here, i had found a new Indian friend here who is a permanent resident & he owns a liquor store in Lexington.
One day I went to his store & when he was busy with some other work & one if his employee is in leave, I took the counter section as a customer is waiting. I sold the alcohol to him & I forgot to ask the id as I am a first time visitor there.
Suddenly an ABC officer came behind him & arrested me for selling alcohol to minors & also for violating immigration rules(it was a trap by abc officer & the guy who came doesnt at all look like under 21). I was totally confused & embaressed as it was my first time to jail.this happened on 26th august 2014. And finally I got a notice to appear & I was in the removable proceedings. I haven’t got the court hearing date.
I had never expected this that soon after coming here in US this will happen to me… I am very much depressed & waiting for my court hearing date. can you please suggest me what to talk in the court & what are my probable chances of deportation?
Neither I hired a lawyer nor I told this incident to my parents back home. I an struggling inside.
Looking forward for a reply.
Contact a good lawyer…forum cannot solve this. Contact a good lawyer…they will know how to handle this! This seems serious case there might be a way out…
Selling alcohol to minors is a misdemeanor and not a criminal offense and should be treated as such. This is different from providing alcohol to minors at parties. Also, there is no evidence that you were working in the store, were being paid by your friend etc. You just tried to help a customer by trying to handle the cash register. If the store has cameras, it can show that you were there at the register only very briefly. Kentucky ABC has authority to arrest and file criminal charges. However, these charges can be appealed. Try and find a pro-bono lawyer who will support you for free. Happens every day to citizens of Mexico.
All the best
Dr. Sandeep Shankar, Colorado Heights University, www.chu.edu
Hi,
Thanks for the reply. Could you please elaborate on my question to some more extent?
The immigration officer in the jail met me and told that this gonna be your last warning and dont work here after. He said that and he released me giving papers which shows that i was placed in removal proceedings. And i will be getting a court date in 7 weeks. This happened on August 27th. But till now i havent got any date. And 2 days back i spoke to a lawyer and told about this. He is telling that we cannot believe those immigration officers in the jail. They try to act good in front of you and there are very less chances of bringing you out from this case etc etc. I dont know whom to believe. My indian friend is telling that these lawyers try to threaten you by saying like this to get more money. I am totally confused to believe whom and whom not. Could you try answering this please since i have nobody here to assist me.
Dear Dr Sandeep Shankar,
Thanks for the reply. Could you please elaborate on my question to some more extent?
The immigration officer in the jail met me and told that this gonna be your last warning and dont work here after. He said that and he released me giving papers which shows that i was placed in removal proceedings. And i will be getting a court date in 7 weeks. This happened on August 27th. But till now i havent got any date. And 2 days back i spoke to a lawyer and told about this. He is telling that we cannot believe those immigration officers in the jail. They try to act good in front of you and there are very less chances of bringing you out from this case etc etc. I dont know whom to believe. My indian friend is telling that these lawyers try to threaten you by saying like this to get more money. I am totally confused to believe whom and whom not. Could you try answering this please since i have nobody here to assist me.Also may i know who is a pro bono lawyer?
And regarding the cc cameras in the liquor store , yes i can show that.
Could you pls reply to my mail id E-mails are not allowed
try some other lawyer and see…even if you have to pay something to lawyer do it as this seems serious. Forums can only help a little but you need legal help
Hi ,
My brother faced the same situation. We hired a lawyer and they talked with judge and reduced offence from “Selling alcohol to a minor” to “DISORDERLY CONDUCT-Class C Misdemeanor” and kept under probation for 6 months and closed the case. He got EAD card, he got job (with proper background check). No problem till date, but he’s travelling to India in few days.
we are worried if it will create any problem in custom’s or during H1B interview ?
Looking forward for a reply.
Thanks in advance.
hello cricket9999,
did your brother got h1b and did he return back to USA and did he face any issue??