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[vamshi]

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If the F-1 student who already applied for OPT which is still under process gets charged for a criminal act, is he going to get denied for OPT? What are the chances for denial and if he gets denied he can approach immigration attorney to reapply for OPT?

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[DesiOPT-FaceBook-Admin]

Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...49171061766924 6th Dec - Please review comments from other users

[DesiOPT-FaceBook-Fan]

You may get opt fine ,but later in h1 b visa stamping they will ask about these activities .Even DUI is causing immigrants deportation .

[DesiOPT-FaceBook-Fan]

Which criminal charge??????

[DesiOPT-FaceBook-Fan]

Criminal is a generic word. Be more specific.
If it's a felony, your immigration petitions definitely won't get approved. Certain misdemeanors are not so bad, but a misdemeanor with "immoral intent", will get you in trouble with USCIS. Just look up the word.

Always hire the best lawyer you can afford, since the stake is larger for someone who is potentially a future immigrant.

Don't commit any serious "crime" in the first place, if you do, just face the consequences.

[DesiOPT-FaceBook-Fan]

Please refer to law firms dealing with immigration / criminal offense

[debbanerje]

Chat Conversation Start
1:24PM
If the F-1 student who already applied for OPT which is still under process gets charged for a criminal act, is he going to get denied for OPT? What are the chances for denial and if he gets denied he can approach immigration attorney to reapply for OPT?

The following excerpt is not a professional opinion and should not be considered such. The following information is taken from a website.

The categorization of crimes into 'felony' and 'misdemeanor' are specific to the state in which you are residing. Based on the potential penalty and prison sentence, certain crimes considered "petty," and therefore not crimes of moral turpitude (CMTs). Also a single CMT is excused under the Immigration and Nationality Act. Generally reckless driving is less of CMT while DUI may be considered to be more of a crime involving CMT.

Even if you have committed a CMT, you may still be eligible for a visa if it qualifies as a “petty offense.” (This comes from Section 212(a)(2)(A)(ii)(II) of the Immigration and Nationality Act or I.N.A.) If you can show that your crime was a petty offense, you will not need to seek a waiver — that is, request special legal forgiveness -- for that offense.

Determining Whether Your Crime Was a “Petty Offense”
A crime involving moral turpitude is considered a “petty offense” if:

The "maximum penalty" that you could have received for committing the offense is EXACTLY one year or less, AND
you personally were sentenced to NO MORE than six months imprisonment, regardless of the amount of time you actually served.

It means the "maximum penalty" which is applicable. It may be that in your case you were not handed out maximum penalty and you served less than a maximum sentence.

Don’t make the mistake that some people do and assume that a misdemeanor will likely qualify as a petty offense but a felony will not. No matter how the crime is named, you have to use the two-part test described above. Some felonies may actually fit within the petty offense exception, while many misdemeanors will not.

State laws vary as to how they name and assign maximum sentences to crimes, so whether your offense qualifies as “petty” will depend very much on state law.

For example, in Colorado, theft of an item worth less than $500 is a class 2 misdemeanor, punishable by up to one year in jail. If you were convicted of this offense and only had to pay a fine, you would meet the petty offense exception. Likewise, if you were sentenced to five months in jail, you would meet the exception. However, if you were sentenced to seven months, you would not meet the petty offense exception, even if you only served five months of your sentence.

How to Show That the Petty Offense Exception Applies
In order to show that your offense was a petty one, you will need to provide the U.S. government official who is ruling on your immigration application with:

a certified disposition from the court that convicted you, and
a copy of the statute under which you were convicted, including the maximum possible sentence.
Procedures for obtaining a certified record of your conviction vary from court to court. You or your attorney should be able to get the records you need by contacting the clerk of the court in which you were convicted.

You should also provide the language of the statute under which you were convicted. You can find most statutes on state websites or at the public library. Many state and municipal statutes have separate criminal and sentencing provisions, and you will need to make sure to include both so that you can prove that the maximum sentence fits within the exception.

For example, if you were convicted of theft in Colorado as discussed above, you would want to submit both:

the theft statute describing the offense, and
the sentencing provisions showing the maximum penalty for a class 2 misdemeanor.
Situations Where the Petty Offense Exception Won’t Help
The petty offense exception applies only to crimes involving moral turpitude. Many offenses, including controlled substance violations, cannot be excused by the petty offense exception.

It is also important to understand that the petty offense exception can only apply to one offense. If you have committed two or more crimes involving moral turpitude, you will not be able to benefit from the petty offense exception regardless of the maximum sentence and amount of time you served.

The rules are a little bit different if you are applying for cancellation of removal for nonpermanent residents (for more information on this form of relief, see Nolo’s article, “Green Card Through Cancellation of Removal (Non-LPR): Who Qualifies?”) or if you are defending against having your green card revoked.

This is because the criminal grounds of deportability (detailed in section 237(a)(2) of the I.N.A.) apply in such cases, while they do not apply to most individuals seeking visas. Due to slightly different wording in this section of the statute, you may still be deportable unless the maximum possible penalty for your offense was less than one year imprisonment, rather than one year or under. Referring back to our earlier example, a person convicted of a second degree misdemeanor with a maximum sentence of one year would be ineligible for cancellation of removal, even though he or she could still benefit from the petty offense exception when applying for a visa or naturalization.

The petty offense exception provides a way for immigrants convicted of certain crimes involving moral turpitude to remain eligible for admission to the United States. Like all criminal issues in immigration law, the petty offense exception is complicated and its application depends on your crime, the eligibility requirements for the immigration benefit you are seeking, and other details of your case. If you have a criminal issue, it is best to see an experienced immigration attorney to help you determine how to proceed.

[lisaanderson]

Chat Conversation Start
1:24PM
If the F-1 student who already applied for OPT which is still under process gets charged for a criminal act, is he going to get denied for OPT? What are the chances for denial and if he gets denied he can approach immigration attorney to reapply for OPT?

Don’t wait for the denial to see an immigration attorney. Go now.

[RFEforpassport]

Hey vamshi,
I was checking the USCIS website recently for OPT (post completion) checklist and found this

Evidence of program completion. For example, a copy of your diploma or transcripts. (See Item 3. in the Who May File Form I-765 section on Page 2 of the Form I-765 Instructions.)

The memo was updated on Nov, 3. Has anyone heard of this requirement or gotten an RFE for it recently?


Please Advise.