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Applying OPT (Dismissed Misdemeanor)

Discussion in 'Cultural, Training, Student Visa' started by newbie@123, Jul 12, 2017.

  1. newbie@123

    newbie@123 Law Topic Starter New Member

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    Jurisdiction:
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    Hi,

    Background :-

    I need a help applying for the opt. I got arrested in november 2016 for shop lifting charges PL 165.40 in New York City and was photo and fingerprinted. I was released in about 15 to 20 minute and was given a desk appearance ticket by which i have to appear in court on january 2017. I have appeared in court with my lawyer and the trail lasted only for 2 minutes and judge gave me an Adjournment in Contemplation of Dismissal (ACD) by which i am not guilty nor convicted to any crime or charges and told the case will be dismissed and sealed after 6 months. so i have completed the period of 6 months and the case got sealed i have also got certificate of disposition from the court which says the case is sealed.

    Question :-

    Now in september i am going to apply my opt and in the opt application form there is an section asking any arrests have been made then if yes i need to provided the documents with it. I have my desk appearance ticket and certificate of disposition from the court which says my case is dismissed and sealed. So i have only these two documents related to my arrest nothing else i have. So should i mark it as YES in the arrest column and provide this documents with the application or else i should answer it as NO. If i mark it as YES will it affect my opt application to get approved and for extension in future and if i mark it as NO will my record appear while processing my application. Please i need a strong advice on this. Thank You.
     
  2. mightymoose

    mightymoose Moderator

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    Better to mark yes and provide the documentation then mark no and run into problems for not disclosing it.
    You were fingerprinted so chances are a record will come up.
    Your petty offense was not one that would normally lead to significant problems, but trying to cover it up would look really bad.
     
  3. army judge

    army judge Super Moderator

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    I'm a bit unclear, but I'll try to help.
    You should answer truthfully including the documents to support your choice.

    The problem with options such as the one you mention is that your fingerprints, mugshot, police report were digitized and will forever be retained by the FBI.

    Yes, states can offer people convicted of misdemeanors and felonies a second chance by sealing the documents which support the arrest.

    The feds retain those documents forever.

    It isn't unheard of that people take one of the many state options, think the records are sealed, and discover that the dirty little secret gets out.

    Don't be surprised if the thing you believe to be dead suddenly rises again, rather Christ like, and becomes known.
     
  4. newbie@123

    newbie@123 Law Topic Starter New Member

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    So when i answer it as yes will there be any problem getting my OPT application approved and also for extension in future..?
     
  5. mightymoose

    mightymoose Moderator

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    Probably not. A dismissed petty theft offense isn't really the sort of thing they are looking for.
     
  6. newbie@123

    newbie@123 Law Topic Starter New Member

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    Thank you.. Ok so it will not affect my OPT right..? so when i mark it as yes should i send the documents of my case with my opt application or wait for the uscis to ask for documents.
     
  7. army judge

    army judge Super Moderator

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    Now you mention USCIS.

    That complicates things for you.

    Stealing or theft MIGHT be what the USCIS terms a crime of "moral turpitude".

    The term moral turpitude is not defined under federal law.

    Courts in the United States have defined it generally as an act that is inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general.

    The term's complicated meaning and the various laws that must be reviewed to determine if an individual has committed a crime involving moral turpitude, consultation with an experienced immigration attorney is recommended for any person to whom this section may apply.

    Can I be inadmissible for criminal reason?

    Yes. The following are grounds for inadmissibility due to criminal reasons:

    • Crimes involving "moral turpitude"

    • Violation of any controlled substance law

    • Multiple criminal convictions

    • Drug trafficking

    • Prostitution

    • Commercialized vice

    • Commission of a serious crime in the United States where a person has asserted immunity from prosecution.

    • Violations of religious freedom

    • Human trafficking

    • Money laundering

    USCIS - Help Center - Answer for Can I be inadmissible for criminal reason?
     
  8. newbie@123

    newbie@123 Law Topic Starter New Member

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    Ok noted that. But can i get a simple answer for the question i have asked.

    Ok so it will not affect my OPT( Optical Practical Traning) right..? As i am on a student visa.. so when i mark it as yes should i send the documents of my case with my opt application or wait for the uscis to ask for documents.
     
  9. army judge

    army judge Super Moderator

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    The ONLY entity that can provide you with an OFFICIAL answer is the USCIS.

    I suggest you direct your question to USCIS or the entity that provided you the form.
     
  10. newbie@123

    newbie@123 Law Topic Starter New Member

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    Ok thank you.
     

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