The Law Offices of Sabrina Li takes pride in successfully assisting another client. We're pleased to share this case study with you.
Our client approached us after discovering that his student visa had been revoked due to a several-day detention following an alleged domestic violence incident with his girlfriend. We counseled the client to stay calm and informed him that a mere arrest doesn't necessarily result in the loss of legal status. Heeding our advice, the client completed his degree. Later, he returned to our office after self-filing an application for Optional Practical Training (OPT). However, he received a Notice of Intent to Deny (NOID) on his application because USCIS records revealed a prior arrest.
The challenge we faced was that the NOID requested the client's police report and court deposition documents, if they existed. Since the client’s arrest did not lead to a conviction, there were no court disposition documents available. Securing the police report posed its own difficulties, and it contained damaging information that could potentially lead the USCIS to deny his OPT application. Compounding the issue, the incident allegedly caused harm to another individual, and we had a limited timeframe to compile documents that portrayed our client in a favorable light.
Nevertheless, our team passionately advocated for our client. A significant aspect that worked in our favor was the support expressed by the alleged "victim." We submitted her support letter and our client’s statement along with our response. We emphasized that our client was never formally charged, was an outstanding student, and played an active role in his community, reflecting his strong moral character. Additionally, we underscored the potential setback he would face by missing out on a valuable employment opportunity without his OPT.
Our client was overjoyed to learn that his application was approved within the same week of our response submission, and he received his work permit shortly!
USCIS adjudicates OPT applications on the basis of the DSO's recommendation and other eligibility considerations, including whether the student merits OPT employment authorization as a matter of discretion. Discretionary factors include, but are not limited to, any facts related to the person’s:
If you or someone you know faces a similar situation and requires the expertise of skilled professionals, look no further than the Law Offices of Sabrina Li. Call us today at (213) 375-8096 or email us at info@sabrinali.law. We are committed to providing the assistance you need, so please don't hesitate to reach out. We're here for you.
Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.
We provide a tailored approach to each client's case, ensuring that you receive individualized attention and a customized strategy for your unique situation. We adjust our strategy as your needs or circumstances change, guaranteeing a seamless transition between different phases of your immigration journey.
Our team is composed of immigrant and first-generation American professionals, along with individuals from various cultural backgrounds. Many of us have firsthand knowledge of the challenges faced during the immigration process. This allows us to provide guidance and advocacy rooted in authentic understanding.
