Approved in 8 days
Prior conviction and sealed records
OPT (Premium Processing)
Background
The applicant, a STEM graduate of a top U.S. university with an excellent record and an offer from a research institution, applied for OPT with premium processing.
Challenges
- The applicant had earlier law enforcement records, one of which resulted in a conviction.
- USCIS asked for all certified court dispositions and arrest reports, but some original reports had been sealed and could not legally be obtained.
- The applicant's F-1 SEVIS record had once been terminated.
Strategy
- Reconstructed the full court history, showing that relief had been granted and there had been no new records since.
- Substituted other certified documents for the sealed records, leaving no gaps.
- Presented the favorable factors in the applicant's background to support a positive exercise of discretion.
- Turned the earlier SEVIS termination into part of a favorable explanation.
Case Timeline
| Date | Progress |
|---|---|
| 02/11/2026 | OPT application filed (premium processing) |
| 07/13/2026 | NOID received |
| 08/05/2026 | NOID response filed |
| 08/13/2026 | OPT approved |
Outcome
OPT approved (NOID response filed 08/05/2026 · approved 08/13/2026).
Closing Note
A prior conviction does not mean a NOID ends in denial. A complete, well-argued response led USCIS to exercise its discretion favorably.