No charges filed
OPT approved after NOID
Prosecutors Never Filed Charges, Yet a NOID
Background
Student Z finished a master's degree and worked as a software engineer in the U.S., with an expedited STEM OPT extension pending. Because of a law enforcement record from a family dispute several years earlier, USCIS issued a Notice of Intent to Deny (NOID).
Challenges
- Prosecutors never filed charges and there was no conviction, but the record involved domestic violence ("家Bao"), and USCIS can still deny in its discretion.
- The client's original OPT had expired, so a denial would mean losing work authorization immediately.
Strategy
- Based on the specifics of the case, we supplied the necessary official documents to clearly establish the outcome.
- We tailored favorable materials to the client's personal background to maximize the officer's favorable exercise of discretion.
Case Timeline
| Date | Milestone |
|---|---|
| 07/29 | NOID received |
| 08/28 | Response filed |
| 09/03 | Approved |
Closing Note
An argument between partners or a well-meaning neighbor's call to police can leave a law enforcement record. Even if prosecutors never file charges, such a record can still affect discretion. The key is to explain the outcome clearly and, based on the person's specific background, let the favorable factors outweigh the unfavorable ones.
Outcome
OPT work permit approved 09/03.