NOID overturned
Approved one month after the response
OPT
Background
The applicant applied for OPT before graduating and received a NOID because of a law enforcement record.
Challenges
- Even without a prosecution, USCIS can deny in its discretion because of a law enforcement record.
- Some records had been sealed by law, making the originals hard to obtain.
Strategy
- Reviewed every document, including the law enforcement files, and rebuilt a complete factual record with no gaps.
- Tailored the response to the specific circumstances of the record.
- Presented the favorable factors in the applicant's background to support a positive exercise of discretion.
Case Timeline
| Date | Progress |
|---|---|
| 06/17 | NOID received |
| 07/10 | NOID response filed |
| 08/10 | OPT approved |
Outcome
OPT approved (response filed 07/10 · approved 08/10).
Closing Note
A law enforcement record and a NOID are not the end of the road. What matters is explaining the facts, the legal limits and the supporting reasons clearly, in one response.