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  1. #1

    Default OPT Application with Arrest Record

    I am on F-1 visa and will be graduating this Summer. I already have a good job offer and want to apply for OPT. My problem is that I have been arrested in La in 2007, the charge was RS 14:35.3. The case has been dismissed by DA as there was no evidence. I did not do any plea bargain or anger management or anything at all. I did not even hire a lawyer. The expungement has been granted and completed. It is now 2.5 years since the accident. Nothing else on my record before or after.

    My questions are:
    - Will I have a problem with OPT application? Can it be rejected? Delayed?
    - What if I will want to switch to H-1b?
    - Will it be a problem for my future visa applications? I understand that I need to answer truthfully on DS-156. Will I have a problem at POE?
    - Do I need to get a copy of police report? I am afraid it may difficult now when the case is expunged.

    Thank you!

  2. #2
    Join Date
    Sep 2005
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    Default Re: OPT Application with Arrest Record

    You can expect the arrest and its disposition to be a concern to the USCIS; yes, that can result in delay. I don't care to guess how the USCIS will treat this incident, as it's not my determination to make. If their investigation confirms your version, odds are it won't much affect you in the future.

  3. #3

    Default Re: OPT Application with Arrest Record

    I guess my main question is whether they do criminal background check for OPT? I know they do it for visa, but there are no questions about criminal background on OPT application. So do they actually do it?
    Thank you for your reply here and in my other thread, I really appreciate it.

  4. #4
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    Default Re: OPT Application with Arrest Record

    I don't know if they do a background check for every case (although an FBI name check is really easy for them to run), but they do background checks for at least some OPT applications.

  5. #5
    Join Date
    Aug 2009
    Posts
    20

    Default Re: OPT Application with Arrest Record

    I would tell you my situation and you can figure out the outcome of your case. I was arrested in Feb then I applied for OPT in May and got my EAD without any problems. However my criminal case was not filed until October. So I do not know whether I got EAD card because the criminal case does not matter or because it has not been filed by the time I applied for OPT.

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