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Maanny

Initial OPT approval with DV charge

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Hi Members,

I got arrested last year for DV July'17 but my case was dismissed I didn't plead guilty. Prosecutor didn't file the charge because there was no probable cause as my case was no-billed. Case was disposed Oct'17. Now I've applied for OPT and I'm really scared if i'll get my opt or not. Can any one please tell me if i'll have any issues with my initial OPT approval. So far I've not received any email or phone call regarding visa revocation. I know sometimes we don't get such notifications.

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On 5/8/2018 at 10:23 PM, Maanny said:

Hi Members,

I got arrested last year for DV July'17 but my case was dismissed I didn't plead guilty. Prosecutor didn't file the charge because there was no probable cause as my case was no-billed. Case was disposed Oct'17. Now I've applied for OPT and I'm really scared if i'll get my opt or not. Can any one please tell me if i'll have any issues with my initial OPT approval. So far I've not received any email or phone call regarding visa revocation. I know sometimes we don't get such notifications.

you are safe.. i don't think you will get RFE but better to have the court disposition document with you if ever they ask you to submit..

 

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On 5/10/2018 at 5:16 PM, sam3215 said:

you are safe.. i don't think you will get RFE but better to have the court disposition document with you if ever they ask you to submit..

 

Thanks for the reply.

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On 5/9/2018 at 1:23 AM, Maanny said:

Hi Members,

I got arrested last year for DV July'17 but my case was dismissed I didn't plead guilty. Prosecutor didn't file the charge because there was no probable cause as my case was no-billed. Case was disposed Oct'17. Now I've applied for OPT and I'm really scared if i'll get my opt or not. Can any one please tell me if i'll have any issues with my initial OPT approval. So far I've not received any email or phone call regarding visa revocation. I know sometimes we don't get such notifications.

You got the best possible outcome to your bad incident.So, What did you answer regarding 'arrest Question' on your OPT form. If you answered 'yes' and provided court certified disposition document ,you should be OK.

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On 5/15/2018 at 9:33 AM, deep4228 said:

You got the best possible outcome to your bad incident.So, What did you answer regarding 'arrest Question' on your OPT form. If you answered 'yes' and provided court certified disposition document ,you should be OK.

I didn't answer 'Yes' to the question about arrest. I asked my school DSO about it they said not to answer about arrest as that section is only for those people who are requesting c(35).  For the record to everyone who answered my question and for the one's who could refer this post in later years. I just got my OPT approved. It is being mailed.

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2 hours ago, Maanny said:

I didn't answer 'Yes' to the question about arrest. I asked my school DSO about it they said not to answer about arrest as that section is only for those people who are requesting c(35).  For the record to everyone who answered my question and for the one's who could refer this post in later years. I just got my OPT approved. It is being mailed.

If you were arrested you had to answer with a Yes. A lie will come back to bite you.

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2 hours ago, JoeF said:

If you were arrested you had to answer with a Yes. A lie will come back to bite you.

I never wanted to lie I have the disposition documents too but I specifically asked my DSO about it he said not to answer about it since it is specifically for people applying for c(35). You are applying for C (3) (b) so you do not have to select it. In what ways i will get a problem??

form 765.PNG

Edited by Maanny
inserted picture

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On 5/21/2018 at 10:07 PM, Maanny said:

I never wanted to lie I have the disposition documents too but I specifically asked my DSO about it he said not to answer about it since it is specifically for people applying for c(35). You are applying for C (3) (b) so you do not have to select it. In what ways i will get a problem??

form 765.PNG

What do you mean by "not to answer about it"? Did you answer "No" or did you leave it unanswered? If the latter (probably, hopefully), you are fine as you did not affirmatively state anything. If you answered "No", that could be a problem. It doesn't matter at all what your DSO advised - you are the one signing the form so it's 100% your liability. 

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On 5/24/2018 at 6:31 PM, natan111 said:

What do you mean by "not to answer about it"? Did you answer "No" or did you leave it unanswered? If the latter (probably, hopefully), you are fine as you did not affirmatively state anything. If you answered "No", that could be a problem. It doesn't matter at all what your DSO advised - you are the one signing the form so it's 100% your liability. 

I left that column blank. I didn't choose anything at all. Will I have any issues in future??

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19 hours ago, Maanny said:

I left that column blank. I didn't choose anything at all. Will I have any issues in future??

You'll be fine as you have done everything correctly. Don't worry. 

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Did you send Court document along with your OPT application ?

Edited by SAB
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On 9/6/2018 at 3:20 PM, SAB said:

Did you send Court document along with your OPT application ?

No I did not submit any documents along with OPT application.

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On 5/21/2018 at 10:07 PM, Maanny said:

I never wanted to lie I have the disposition documents too but I specifically asked my DSO about it he said not to answer about it since it is specifically for people applying for c(35). You are applying for C (3) (b) so you do not have to select it. In what ways i will get a problem??

form 765.PNG

Totally agree with you

So many people  even those so-called attorneys on Avvo would say wrongly that you need to disclose arrest, they even haven't read I-765 and didn't notice you'll need to disclose ONLY when you fall under category c(35) or c(36) or c(8). For us F1-OPT, NO NEED to disclose.

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On 5/8/2018 at 10:23 PM, Maanny said:

Hi Members,

I got arrested last year for DV July'17 but my case was dismissed I didn't plead guilty. Prosecutor didn't file the charge because there was no probable cause as my case was no-billed. Case was disposed Oct'17. Now I've applied for OPT and I'm really scared if i'll get my opt or not. Can any one please tell me if i'll have any issues with my initial OPT approval. So far I've not received any email or phone call regarding visa revocation. I know sometimes we don't get such notifications.

Hi, I'm in the similar situation as you and I'm really worried. Were you fingerprinted when you were arrested? You mentioned your case was dismissed, was it dismissed before your arraignment so you didn't even go to the court? Or was it dismissed after/on the arraignment? Thank you so much and wish you all the best!

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