Applying OPT (Dismissed Misdemeanor)

[newbie@123]

Hi,

Background :-

I need a help applying for the opt. I got arrested in november 2016 for shop lifting charges PL 165.40 in New York City and was photo and fingerprinted. I was released in about 15 to 20 minute and was given a desk appearance ticket by which i have to appear in court on january 2017. I have appeared in court with my lawyer and the trail lasted only for 2 minutes and judge gave me an Adjournment in Contemplation of Dismissal (ACD) by which i am not guilty nor convicted to any crime or charges and told the case will be dismissed and sealed after 6 months. so i have completed the period of 6 months and the case got sealed i have also got certificate of disposition from the court which says the case is sealed. 

Question :-

Now in september i am going to apply my opt and in the opt application form there is an section asking any arrests have been made then if yes i need to provided the documents with it. I have my desk appearance ticket and certificate of disposition from the court which says my case is dismissed and sealed. So i have only these two documents related to my arrest nothing else i have. So should i mark it as YES in the arrest column and provide this documents with the application  or else i should answer it as NO. If i mark it as YES will it affect my opt application to get approved and for extension in future and if i mark it as NO will my record appear while processing my application.  Please i need a strong advice on this. Thank You.

[JoeF]

Cases are never sealed for immigration. USCIS can see all cases. You have to be truthful and answer Yes and provide documentation if needed. Never lie to immigration officials.

 

 

[newbie@123]

4 hours ago, JoeF said:

Cases are never sealed for immigration. USCIS can see all cases. You have to be truthful and answer Yes and provide documentation if needed. Never lie to immigration officials.

 

 

Ok when i  answer it as yes and should i send the documents with my OPT application package or should i not send it and wait for the documents to be asked by USCIS. Will this sealed case will affect my opt approval and extension..?