Misdemeanor case, Applying for OPT

[TaniaYeasmn]

Hi,

I am on F1 visa. I pleaded guilty of misdemeanor charges. I was arrested for 3rd Degree Retail fraud in michigan. I was given 9 month probation and charged as Disorderly person [under youthful trainee status]. I completed my probation. I am applying for my OPT after my graduation. I want to know will this affect my OPT approval? Does USCIS check background before approving OPT? My file has been retained as non public record. Can USCIS reject my application for these background? Please advise.

[suffer.lifelong]

If you can explain in detail what happen to your incident, then people might throw their ideas how serious your case. 

[deep4228]

Tania, 

Pleading Guilty ( even it is minor misdemeanor) is always going be a problem with respect to Immigration.But good news is there is one pretty offense exception rule. I think you should be Ok as your case looks pretty offense.But none can guarantee you a visa.Once you have conviction ,you give USCIS lot of discretion powers.You are applying for OPT, you should be mostly likely be fine.But whenever you go for Stamping then you are at more risk and you need to disclose arrest in VISA stamping application where as in STEM OPT application ( I-795) you will not have question asking for your arrest records.Best thing for you now is to apply for STEM-OPT as soon as possible and wait on USCIS. Meanwhile try to find some good local immigration layer to fight your case in case of any issues. 

[sam3215]

Looks like you are convicted and arrested. Yes your case will be visible to Uscis amd its a crime involving moral turpitude. If you were in US less than 5 years and is convicted for a moral turpitude crime you could be deported and inadmissible to US port of entry,

Consult immigration lawyer to see if your statue of charges and punishment does or does not leas to deportation

[suffer.lifelong]

this is what I searched and got it for you from google ..

In Michigan, one of the most commonly charged offenses is Retail Fraud. Retail Fraud can be either a felony or a misdemeanor. Retail Fraud is commonly referred to as shoplifting. A conviction for retail fraud, even the misdemeanor variety, will likely have a serious impact on a person’s ability to obtain employment, licensing, ability to get financing, professional employment, custody, likelihood of achieving U.S. citizenship, and possible deportation (retail fraud is a crime of moral turpitude for immigration purposes). Like any other criminal offense, a sentence for retail fraud can include probation, incarceration (jail or prison), heavy fines and costs, drug/alcohol testing, community service, therapy, economic crimes classes, and much more. The damage to a person’s reputation after a conviction for stealing is often irreversible. It is for these reasons that if a person is charged with retail fraud, felony or misdemeanor, a Michigan retail fraud defense attorney must do everything humanly possible to get the charge dismissed or reduced. 



The crime of retail fraud or shoplifting always involves an allegation of attempted theft or theft from a store that is open to the public for business at the time of the offense. The business is almost always a retail establishment where goods are offered to sale to the general pubic. Theft of an item is not required for a charge or conviction of retail fraud. A charge can be brought against a person who merely moves an item offered for sale or conceals such an item if there is an intent to steal. Altering or removing a price tag with the intent to defraud is also considered retail fraud.

 

A great criminal defense attorney can work with you and the prosecutor and likely find a way to keep any conviction off your record. You may ask, “do I need a retail fraud lawyer or a retail fraud attorney?” Absolutely! As mentioned earlier, a conviction for a retail fraud case can be life changing in a tragic way. Those that chose to represent themselves or hire a bargain lawyer inevitably live to deeply regret not taking the matter more seriously. What are the possible consequences? The loss of a job opportunity. The loss of your children in a custody dispute. Deportation? Inability to get a loan? Inability to get a professional license? The cost of hiring a great Michigan Criminal Defense Attorney is high but the cost of not hiring one is higher.

 

[JimH]

Looks like you are convicted and arrested. Yes your case will be visible to Uscis amd its a crime involving moral turpitude. If you were in US less than 5 years and is convicted for a moral turpitude crime you could be deported and inadmissible to US port of entry,

Consult immigration lawyer to see if your statue of charges and punishment does or does not leas to deportation

I think it is deportable offense only if the maximum punishment is more than one year incarceration. Am I wrong?

[sam3215]

Its deportable if its one year and more and person was in US for less than 5 years and there should be a criminal court conviction record. If case was dismissed then its ok no deportation

[sharmaa12]

Hi Tania,

 

Was your OPT approved? Did you get an RFE?