Charge dismissed, record sealed
Approved after NOID
Theft Charge Dismissed and Sealed, Then a NOID
Background
Student B was completing a master's degree in the U.S. and applied for OPT before graduating. Because of a theft charge on record from several years earlier, USCIS issued a Notice of Intent to Deny (NOID).
Challenges
- The charge had been dismissed and there was no conviction, yet USCIS can still deny in its discretion.
- The record had been legally sealed, so the court could no longer issue the certified disposition documents USCIS requires.
Strategy
- Because the record was sealed and the court could not issue certified documents, we built on the court papers the client had kept before sealing, combined them with other valid proof to fill the gap, and formed a complete chain of evidence.
- We assembled favorable materials around the client's academic background and future work to maximize the officer's favorable exercise of discretion.
Case Timeline
| Date | Milestone |
|---|---|
| 06/10 | Application filed |
| 07/22 | NOID received |
| 08/19 | NOID response filed |
| 09/02 | Approved |
Closing Note
Even without a conviction, a law enforcement record can still affect discretion. The key is to document the disposition clearly and, based on the person's specific background, let the favorable factors outweigh the unfavorable ones.
Outcome
OPT work permit approved 09/02.