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  1. #1
    Join Date
    Jun 2011
    Posts
    1

    Default Furnishing Alcohol to a Minor By Mistake

    My question involves criminal law for the state of: I'm looking for a little help on what I should do with my situation because I've never been arrested and don't know much about the law in USA. On saturday my son (18 months old) was so cranky so i decided to take him for ride and my friend came with me to by cigaret. Since he forgot his wallet he asked me to go and get cigaret(Basically i dont have the habit of drinking and smoking).

    While walking towards the shop one guy approached me and told "he is under 19 year old" Can u help me to buy a can of beer. At that time i couldn't realise anything and i dont know about the age limits for drinking in USA and my complete focus was at my son who was crying in car with my friend. So i bought the can of beer immediately a bunch of cops showed up and arrested(hand cuff) & charged me for furnishing alcohol to a minor and the cited code "Business & Profession Code 25658(a)". Basically that was a sting operation done by the cop.

    1.What will be the punishment for this? (I'm an Allien worker in USA )

    2.Does this affect or deny my H1B visa?

    3.Does this affect/deny my green card process? I'm waiting for priority date to apply for I-485?

    I have my Perm and I 140 approved and waiting for priority date so can i still apply for I 485? will i still able to get my green card?


    4.Do i need to see Attorney (which kind)? How much money required?

    I am having sleepless nights and in really bad condition.Blaming myself for this.Please help me .Please guide me what to do.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Furnishing Alcohol to a Minor By Mistake

    Under B&P 25658 you're looking at a misdemeanor conviction, a fine of up to $250 and/or community service, court costs, and a one year driver's license suspension under CVC 13202.5. I suggest that you consult a lawyer and try to get a deferral - it won't let you avoid all of the consequences, but it should let you avoid the criminal conviction and license suspension. When asked on immigration forms or in encounters with immigration officers you'll have to be honest about the incident. It's not a crime of moral turpitude, so it's not disqualifying, but any criminal activity can potentially cause issues and delays with future visa applications and entries.

    I suggest consulting a criminal defense lawyer who is familiar with immigration law issues. I cannot tell you what the lawyer's fee might be.

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