Need help please, Is he in trouble?

A

amishah

Registered Users (C)
I am just getting ready to file form I-485 for my husband on marriage bases. now here is my husband's situation.
In 1999 when he was new in the United State, he got in to a trouble. One of his friend had a Beer Store. Well one night he wanted to go for Dinner and he asked my husband to handle the store while he is gone. So my husband agreed to help him. But unfortunately in that 15 mins , he did a mistake of giving beer to minor as he never realize that he was minor and police caught him. Though police didn't arrest him but fine him $100 and warn him not to do it again and let him go.
After that incidence my husband had never got in to any kind of trouble.
Now the question is, what is the best way of handling this situation while filling for I-485?
Anyone having similar experience?
Thanks in advance
 
amishah said:
Now the question is, what is the best way of handling this situation while filling for I-485?
Click to expand...

I think the closest question you are asked in the 485 application is "have you ever been arrested", to which the answer in this case is "no". End of story.
 
wik said:
I think the closest question you are asked in the 485 application is "have you ever been arrested", to which the answer in this case is "no". End of story.
Click to expand...
Thanks for your quick response.
The question in I485 is: "Have you ever been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?"
I think he has to say "yes" as he been "cited" anf "fined" for violation of law.

What do you say?
Thanks again
 
amishah said:
I am just getting ready to file form I-485 for my husband on marriage bases. now here is my husband's situation.
In 1999 when he was new in the United State, he got in to a trouble. One of his friend had a Beer Store. Well one night he wanted to go for Dinner and he asked my husband to handle the store while he is gone. So my husband agreed to help him. But unfortunately in that 15 mins , he did a mistake of giving beer to minor as he never realize that he was minor and police caught him. Though police didn't arrest him but fine him $100 and warn him not to do it again and let him go.
After that incidence my husband had never got in to any kind of trouble.
Now the question is, what is the best way of handling this situation while filling for I-485?
Anyone having similar experience?
Thanks in advance
Click to expand...

It's not an arrest, but a citation. So I don't there is any major issue here. But I guess he mentioned in I-485 form that he was "cited" also described the incident. That could give some leeway to adjucator whether he was doing some illegal part-time job when he was in H1. So, is case of any interview he better explains it was not a paid job.
 
Just to sidetrack a bit, the USCIS doesn't look at whether or not it's a paid job. If it's a job that someone would normally be paid to do, then it is working.

Regards

Rav
 
ravioli_21_99 said:
Just to sidetrack a bit, the USCIS doesn't look at whether or not it's a paid job. If it's a job that someone would normally be paid to do, then it is working.
Click to expand...

But the employee (or volunteer worker) cannot be held responsible for that reason. That's a problem of store owner. His friend who worked without pay is safe is this regard - atleast in this instance.
 
Untrue. The friend can get into trouble for working without authorization and the employer can be fined.

I've been through this when my EAD expired prior to having a new one. I had to come off payroll for 2 weeks.

Regards

Rav

PS. There's always one of those 245 (c or i...I can never remember) deals if it came down to it.....
 
Thanks All
The Judge gave him a letter saying that "He was selling beer to minor". He didn't charged him as he was working illegaly. And the fact is he wasn't. So I think INS has to agree with what judge said at that moment.
 
ravioli_21_99 said:
The friend can get into trouble for working without authorization and the employer can be fined.
Click to expand...

The issue of working without authorization does not come up in this kind of situation - when worker volunteered to do it without expecting anything in return - either money or food or accomodation or anything else you can think of. It becomes an issue when the worker get paid and there is traceable long term employee-employer relationship. For example, a H4 holder can volunteer for any community service, church activity, volunteer jobs without any pay - even though these jobs can be considered "payable job".
 
Last edited by a moderator:
pralay said:
The issue of working without authorization does not come up in this kind of situation - when worker volunteered to do it without expecting anything in return - either money or food or accomodation or anything else you can think of. It becomes an issue when the worker get paid. For example, a H4 holder can volunteer for any community service, church activity, volunteer jobs without any pay - even though these jobs can be considered "payable job".
Click to expand...

Absolutely not. An alien without work authorization cannot "volunteer" for a task that is typically not paid. You can volunteer to bake cookies for the neighborhood church's bake sale, but you cannot "volunteer" to write your neighbor's web site.
 
TheRealCanadian said:
Absolutely not. An alien without work authorization cannot "volunteer" for a task that is typically not paid. You can volunteer to bake cookies for the neighborhood church's bake sale, but you cannot "volunteer" to write your neighbor's web site.
Click to expand...

Who mentioned about developing neighbor's website anyway!!!!
 
pralay said:
Who mentioned about developing neighbor's website anyway!!!!
Click to expand...

The point I am attempting to make is that merely not expecting anything in return is insufficient to consider something acceptable to do without employment authorization. Watching someone's store is work, paid or not - it's incredibly unlikely that it will ever be detected, except for the situation that our original poster's husband found himself in.

It's illegal employment. However, if he's filing the I-485 based upon marriage to a US citizen, there's no problem.
 
amishah said:
I am just getting ready to file form I-485 for my husband on marriage bases. now here is my husband's situation.
In 1999 when he was new in the United State, he got in to a trouble. One of his friend had a Beer Store. Well one night he wanted to go for Dinner and he asked my husband to handle the store while he is gone. So my husband agreed to help him. But unfortunately in that 15 mins , he did a mistake of giving beer to minor as he never realize that he was minor and police caught him. Though police didn't arrest him but fine him $100 and warn him not to do it again and let him go.
After that incidence my husband had never got in to any kind of trouble.
Now the question is, what is the best way of handling this situation while filling for I-485?
Anyone having similar experience?
Thanks in advance
Click to expand...

How did it go? Did you write 'yes' in the 485? If yes/no, what was the outcome? I would really appreciate a reply.
 
We are going to write "yes" and going to attach a letter of explaination and copy of the documents regarding that from court. My husband has to prepared hiself to convince the officer that it was not a paid job.
will keep you updated.
 
You must log in or register to reply here.
Top