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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94400
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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hi I was caught by TABC officials as i was unknowingly selling

Resolved Question:

hi
I was caught by TABC officials as i was unknowingly selling beer to minor. Currently iam on F1 student visa status. They gave administrative notice to the store and they took my license no and name. Iam planning to go to India in december will this have any effect in immigration. Do i get any notice either as they didnt told anything regarding this issue
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.


This is a common problem, believe it or not and the problem is not so much the criminal conviction but the fact that you were working without authorization. Often it is, "I was just helping my cousin around the gas station." but that is enough. I assume you did not have a work permit? When do you graduate?
Customer: replied 9 months ago.

No i dont have any work permit. I will graduate in may 2014

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
And how long have you been working without authorization? And why? When you applied for the F-1 student visa you had to prove that you had the funds to pay for classes and living expenses since you could not work. So what happened? And I assume your plan is that you want to stay in the U.S. after you graduate?
Customer: replied 9 months ago.

Store Owner is my uncle i dont go often to store, i go when i get time to help my uncle. On that day his little son is not feeling well so in a urgency he left me saying he will be back in 2 hours. As iam not used to store i was talking on phone and i forgot to ask id.

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
It's always the same thing. An uncle or cousin or something like that. That just gets you into trouble. And you have no idea how many times I have heard the same thing. "It was just on this one day. I almost never do that..." So imagine that if I hear this often, how often are ICE agents that deal with this almost on a daily basis hear the same story? They just aren't going to buy it. The botXXXXX XXXXXne is that you were working. I don't think you will be able to prove that you weren't. So you have two choices:

1) Hire a VERY good criminal law attorney to get this case won, dismissed, etc. This will help you to prove your story, that you were just helping out on that one day and that you were not getting paid or compensated in any way.


2) Handle the criminal case as quietly as you can and hope that ICE does not take an interest. Do not travel, do not apply to extend or change your status. You should be able to graduate and have no issues. However, if you apply for OPT and then later on an H-1B, you may have an issue because if they run a background check, they should find that problem and having worked without authorization could cause you to be denied. If you don't care about that and will just graduate and leave the U.S., then no problem, or if you end up marrying a U.S. Citizen or something like that (for love, no for the papers), then the minor crime would not matter either.

There is one other option. You could talk to the Designated School Officer (DSO) and explain the situation and then have ICE determine that you fell out of status during that time and that it was less than 5 months and you would have to prove that the reason you fell out of status was beyond your control. Then you could get reinstated and wipe the slate clean.

I am truly sorry, but you have to be more careful. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94400
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you

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