Student Visa Holder Caught Selling a Tobacco to a Minor

[Neal851 3]

Hi friends, somebody did a offence of selling a cigarate pack to a minor.He caughted by sting operation from the health departmnet in pennsylvania.At that time the officer told him to sign the letter that he sold a cigarate pack.And he did. He showed his Licence proof as a identity.He was in USA on F-1 visa. That license he got before some months ,so the SSN is not connected with driving license.Because he got his SSN after getting his EAD card. After that in that letter(or summons) ,there were 2 options. (1)plead guilty (2)Do not plead gilty. He returned that letter with checkmarked that I PLEAD GUILTY. This happened in April,2010. After that he went to his native country. After he got married with a US citizen. So his wife did a petition for him.He has interview after some weeks. Still he didn't got any final charge ticket at his previous address in usa. His boss has also did inquiry and they told still it takes times.They will put this offence in his criminal record?? So i want to know that during his interview or at POE they will catch this thing that he did a offence or crime.?? Inshort, this can affect his immigration process??

[Neal851 3]

38 views...no reply???????

[milimelo 4,481]

Depends on the charges and what a sentence would bring - if it's a felony may be more scrutinized than misdemeanor.

But he does have to disclose any and all run ins with the law so as not to get a misrepresentation charge and a lifetime ban for lying on the forms.

Moving this to General Immigration discussion - no idea why you would put this in Off topic.

[canadian_wife 1,822]

You say he plead guilty, but what charge did he plead guilty to? I think the reason for all the views but not replies is the lacking of his important bit of info

Good luck

[Darnell 8,478]

F-1 visa holder working at a store? hmmmmm ok ...

you could engage an attorney, locally, have them look into it, make inquiry.

Ultimately, if it shows up on namechecks, it shows up on namechecks - see http://www.usaimmigrationattorney.com/SecurityNameChecksAndAdministrativeReview.html

As for 'what to do' - sorry, I've no real input.

[Neal851 3]

Depends on the charges and what a sentence would bring - if it's a felony may be more scrutinized than misdemeanor.

But he does have to disclose any and all run ins with the law so as not to get a misrepresentation charge and a lifetime ban for lying on the forms.

Moving this to General Immigration discussion - no idea why you would put this in Off topic.

Still its pending,he did not get any charges yet.But usually they charge like $100 to $250 for first time and all as i read in this statue ,http://law.onecle.com/pennsylvania/crimes-and-offenses/00.063.005.000.html

[Neal851 3]

You say he plead guilty, but what charge did he plead guilty to? I think the reason for all the views but not replies is the lacking of his important bit of info

Good luck

There were only 2 options. Plead guilty aNd Do not plead guilty .The officer had told him that,choose ur option and submit it within 10 days.And he returned that letter with "I plead guilty".This was happen in april.At the same day , lot of other convenient stores caught and all got this same letter. Still ,i think nobody got the final charges letter.

[Neal851 3]

F-1 visa holder working at a store? hmmmmm ok ...

you could engage an attorney, locally, have them look into it, make inquiry.

Ultimately, if it shows up on namechecks, it shows up on namechecks - see http://www.usaimmigrationattorney.com/SecurityNameChecksAndAdministrativeReview.html

As for 'what to do' - sorry, I've no real input.

U mean it will shows up on namechecks or in any database?? Because at that time he just showed his driving license as a ID. And that officer wrote that DL number in it. He has no SSN ,so there is no SSN is connected with Driving license. Only his passport and I-20 is connected with DL.Still ,is there any chances that it will show up in his recod based on his foreign passport number & EAD number?

[canadian_wife 1,822]

Well, first you cannot work in a store with an F-1 visa. That was mistake #1

Secondly, he pled guilty to some charge, that is what we were asking. If he pled guilty, there was a charge. You don't plead guity to nothing.

Good luck

[Harsh_77 718]

I second CW on this one -

1. The bigger picture is you were working illegally in the store, when you are not allowed to work in store on F1.

2. They can add more charges later like working illegally on top of selling cigs to minor.

3. Seems you are more worried or concered about knowing how the database are connected and who will see what information, rather being truthful and tell the CO about it.

4. You must have pleaded guilty to something, rather a felony or misdemeanor charge. There is no way you can just say I plead guilty, but they must have told you or written it down to what your pleading to.

If what your are saying its blank that means they can even fill the blank with murder charge - does that mean you plead guilty to murder charge??

[Darnell 8,478]

U mean it will shows up on namechecks or in any database?? Because at that time he just showed his driving license as a ID. And that officer wrote that DL number in it. He has no SSN ,so there is no SSN is connected with Driving license. Only his passport and I-20 is connected with DL.Still ,is there any chances that it will show up in his recod based on his foreign passport number & EAD number?

What are your thoughts, after reading the content of the link that I provided?

[Neal851 3]

4. You must have pleaded guilty to something, rather a felony or misdemeanor charge. There is no way you can just say I plead guilty, but they must have told you or written it down to what your pleading to.

If what your are saying its blank that means they can even fill the blank with murder charge - does that mean you plead guilty to murder charge??

In citation it was written that are accpeting or not that u did a violation. Means he pleaded a guilty to sodl cig pack to a minor.So he will get some fines like $100 to $250. It is written here ,Pa Tobacco Selling act

[justashooter 430]

the cited charge, S6305a, is a summary offense. summary offenses are below misdemeanor in pennsylvania, and are punishable by $25-500 and/or up to 90 days in jail. a summary offense is heard and recorded in a district justice courthouse. all DJ courts file case record online, so this offense will show up on a background check. the offense will trigger the question of unlawful employment.

here's a website where your friend can plug his name in and see for himself:

http://ujsportal.pacourts.us/DocketSheets/MDJ.aspx

in the first dropdown you select name, then follow...