Need some help. Vacated warrant and aos

[sparkles_ 456]

It just keeps getting better, guys.

Apparently New York City issues little 25 dollar pink tickets for open containers. You can be sitting on your door stoop drinking and a cop can and will give you one.

Husband got one in 2014 on vacation there, stuck it in his wallet inner pocket and forgot about it. While cleaning out his wallet in 2016, I found it. Asked about it, he said he forgot all about it but it probably wasn't anything major since it was 25 bucks and like a parking ticket by NYC standard.

Wrong.

He has a freaking bench warrant in NYC! Over 25 bucks! I found out after calling to see if I could pay a late fee and such. There is no late fee. It's a bench warrant til dismissed or paid. I am panicking. I got a New York lawyer to have it today or tomorrow to have it vacated and dismissed, it's a sure deal.

The thing is we already filed aos, and at the time we didn't know about this. What should we do? He put no violations because he had honestly forgotten all about it. I'll have the disposition letter vacating it by interview time.

Our lawyer seems to think no big deal. So does the NYC lawyer. It's non criminal, that's common knowledge about these little pink container things. It's on par with a parking ticket. But I am freaking because one, we didn't list anything about it on the i485 and two, it was an active warrant for over a year. He got his EAD and did bio months ago.

Will this affect his aos, is this going to make the officers think we are lying jerks somehow and be denied. Do we explain in the interview that it was an honest mistake and give them the copy we have clearing it up?

Edited September 14, 2016 by sparkles_

[IcezMan_IcezLady 582]

Since you have the information now.. I think it would be best to get copies of the record. Call USCIS about the new development and find out how to submit it or if they can send RFE.

You can't just ignore it. The fact that you found out means that if USCIS were to do a background check, they would find out too. Ignorance is no excuse, and they won't accept "we forgot about it".

[sparkles_ 456]

Since you have the information now.. I think it would be best to get copies of the record. Call USCIS about the new development and find out how to submit it or if they can send RFE.

You can't just ignore it. The fact that you found out means that if USCIS were to do a background check, they would find out too. Ignorance is no excuse, and they won't accept "we forgot about it".

Call Uscis....exactly how will I get someone who is any relevance to our case, because I've never been able to.

[Harpa Timsah 13,258]

USCIS will find out about it. Doesn't help to call them. Pay the fine. Most states have bans on open containers (this is for liquor; you can drink a soda outside).

[Unlockable 7,306]

Immigration wise I think it can be overcome. But here is the thing about bench warrants. He can be arrested at any time. That doesn't me you will have a SWAT team kicking in your door at 3 am. But it does mean that if he comes into contact with an officer, like a traffic stop, after the officer sees the warrant he will be put into handcuffs and taken to a precinct/jail.

Another problem with bench warrants is it can't be easily resolve by paying a fee as you already learned. In most cases you have to physically go in front of a judge or to a court house.

I say get the bench warrant resolved ASAP. Inquire if it will effect your immigration process (although I don't think it will have a huge impact).

[sparkles_ 456]

USCIS will find out about it. Doesn't help to call them. Pay the fine. Most states have bans on open containers (this is for liquor; you can drink a soda outside).

I know they will find out which is why I panicked and had a lawyer on in within an hour of knowing., My worst fear is to look like a liar and be denied. We aren't paying the fine to plead guilty, apparently at this point past it you can't on your own unless we go back to NYC an we are far away from there.. We are paying a lawyer to have is totally vacated and dismissed, it will either be no fine at all or the original 25.

FYI, we ran his background for any state he has visited before this, all of three, and everything was clear. So I think in this case ignorance is not the case. Hence the horrible surprise. And as people who rarely if ever drink alcohol, the open container is new to me, I thought open container can only be in cars but you live and learn.

Edited September 14, 2016 by sparkles_

[sparkles_ 456]

Immigration wise I think it can be overcome. But here is the thing about bench warrants. He can be arrested at any time. That doesn't me you will have a SWAT team kicking in your door at 3 am. But it does mean that if he comes into contact with an officer, like a traffic stop, after the officer sees the warrant he will be put into handcuffs and taken to a precinct/jail.

Another problem with bench warrants is it can't be easily resolve by paying a fee as you already learned. In most cases you have to physically go in front of a judge or to a court house.

I say get the bench warrant resolved ASAP. Inquire if it will effect your immigration process (although I don't think it will have a huge impact).

The bench warrant is being handled today or tomorrow. We had to get a lawyer in NYC to go handle it because we are about 900 miles away, this occurred on a trip to the city. Sucks but it's life. Our immigration lawyer said its non criminal, no worries but handle it and be glad we found out now versus at the interview.

This is the weird thing. We had to terminate his removal proceedings. So we had "contact" already on early 2015. They ran him background wise and saw nothing and let him go. We filed aos. Another reason this is blowing my mind.

Edited September 14, 2016 by sparkles_

[Harpa Timsah 13,258]

And as people who rarely if ever drink alcohol, the open container is new to me, I thought open container can only be in cars but you live and learn.

Well apparently your husband drinks alcohol.

[sparkles_ 456]

Well apparently your husband drinks alcohol.

Yep, once in a great while we both do. I meant we aren't regulars. Edited September 14, 2016 by sparkles_

[Adil & Jeanne 296]

yes, no open container in the state of New York and surrounding states

long time law / long before i started driving

cafes with outdoor seating are not allowed to serve alcohol even beer outside

back yard b'bque is a little different but do not travel to the front of the house with beer in hand to even say bye to a person leaving

BTW they do issue bench warrents for any unpaid tickets in state of New York

watch out for the goofy ones too like you have to drive with shoes on and one hand on steering wheel /these are the ones the insurance companies in NY use if you are responsible party of an accident

[sparkles_ 456]

yes, no open container in the state of New York and surrounding states

long time law / long before i started driving

cafes with outdoor seating are not allowed to serve alcohol even beer outside

back yard b'bque is a little different but do not travel to the front of the house with beer in hand to even say bye to a person leaving

BTW they do issue bench warrents for any unpaid tickets in state of New York

watch out for the goofy ones too like you have to drive with shoes on and one hand on steering wheel /these are the ones the insurance companies in NY use if you are responsible party of an accident

We have never lived in NYC, only visited so didn't know the laws. He was drinking on the steps of his friends building, didn't know that was "public" but I guess even stoops/steps/doorways are. We are having the warrant vacated in the next day. Any clue if this will somehow ruin his aos? Edited September 14, 2016 by sparkles_

[USAMorocco 143]

Pay the fine and the warrant will go away. Just know it is not going to be $25 now. It will be a lot more.

[sparkles_ 456]

Pay the fine and the warrant will go away. Just know it is not going to be $25 now. It will be a lot more.

We paid it....the original fine of 25 was still present....but the lawyer fee to vacate the warrant, ouch. We are now in the clear though, I can relax a bit hopefully and wait on the paperwork from it :/

[USAMorocco 143]

I'm sorry. I did that many many years ago in NYC. I had a ticket...I just left it and finally like 5 years later I paid it and it got rid of the warrant. It cost a lot of money though. Glad you got it taken care of. Tell hubby not to do that again! =)

[sparkles_ 456]

I'm sorry. I did that many many years ago in NYC. I had a ticket...I just left it and finally like 5 years later I paid it and it got rid of the warrant. It cost a lot of money though. Glad you got it taken care of. Tell hubby not to do that again! =)

He legitimately forgot it which is why I hit the panic button....we ran across it cleaning out his old wallet to load the content into a new one....I'm just glad its fixed at this point! Bring on the AOS interview