Q: The charge is “Theft of Property 4th (general)”. Currently on F1 visa. Will this effect when I apply for OPT?
I am a student on F1 visa. Charged for Theft of Property 4th (general). I went to turn myself in and came out in 15 minutes with a bond. They took fingerprints and mugshots. The case was dismissed and expunged. Will this effect when I apply for OPT after my graduation?
A:
Hello,
If the case is dismissed, as you stated, the charge should not affect your ability to apply for OPT.
Good luck
Glenn T. Stern agrees with this answer
A:
If you were charged but the case was dismissed and subsequently expunged, it generally lessens the potential negative impact on your OPT application. However, when applying for any immigration benefit, including OPT, you may still be asked about arrests or charges, even if they were dismissed.
It's crucial to be honest in your responses. Although the charge was expunged, U.S. immigration authorities can have access to prior records. While the charge itself may not automatically disqualify you from receiving OPT, it could be considered as part of your overall moral character assessment.
I would recommend having all relevant documentation on hand, including records showing the dismissal and expungement. Additionally, consulting with an immigration attorney before submitting your OPT application can provide tailored advice and strategy.
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