What hapens if you get a possession of alcohol ticket and you have a conditional visa?

My friend, who just came here with a visa and should be getting a green card, used a fake ID to buy liquor. The liquor was put in her friends car with an 18 year old driver and a 17 year old. An undercover cop spotted them and pulled them over separately. They all received possession tickets but nothing for the fake ID’s because there was a minor involved and and they said it wouldn’t be fair because she would get off with nothing while they would get felonies. Would they bring up the fake IDs in court? What would happen with her getting her green card?

Asked on July 3, 2012 under Immigration Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

So long as your friend was solely cited as having an open container of alcohol and not having a "fake ID" he or she should not worry about a subsequent citation for the "fake ID" at this time.

Most likely the citation will not have any negative effect with respect to obtaining the desired green card.

However, I suggest that your friend consult with a criminal defense attorney to see if somehow court probation for the open container charge is in order where if the court probation is satisfied then the charge would be dismissed and the green card concern would be remedied over the situation you have written about.

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