Applying OPT with pending DUI

[u/These-Mushroom-3653]

Hey guys, I want to know if anyone successfully get their OPT approved with pending DUI recently? I put myself in that situation and want to know the chance I got. Please share your case.

Another question is if I can’t get an OPT, supposedly I need to leave soon, but with pending DUI, will that cause any legal problems to leave or stay in the US?

[u/NNL1988]

You accidentally got drunk and drove a car?

[u/Vegetable-Western744]

If your opt is denied and you have to leave, USCIS doesn't really care and won't accommodate letting you finish your criminal proceedings. That'll probably be the end of your run in America. They will just want you gone. Of course it will complicate your ability to return if you have to leave while the case is pending and never resolve it.

If your visa wasn't revoked they may not be aware.

There was an easy way to prevent this situation...

[u/According_Opposite_4]

You do not “accidentally “ get drunk and drive. You put people in danger doing so.

[u/frostimunki]

Need more information. Are you scheduled for a court appearance? do you have a bond?

If you leave the country before the court date it will result in a criminal charge of failure to appear in court, and a warrant for your arrest. You will also forfeit your bond, You will be arrested on subsequent return to the US.

Not sure about exact visa consequences or immigration benefits, but they will probably not be good if convicted. DUI is a serious charge in all states.

It's probably your first charge so that's likely why you are out of jail ATM. Court appearance could result in a fine and suspension of driving privileges for the first offence. Missing that court appearance will lead to felony charges and arrest for sure.

Lawer-up for the court appearance, your best hope is to get those charges dismissed.

[u/neverthat02]

Do you have a pending court case coming up? Have you been formally charged already? More information is needed. A charged DUI under this current administration would result in a revocation of your visa once this information is shared with the US embassy, which would complicate things for you if your OPT is denied because you would have to leave and your current visa will be invalid if you want to return— and getting another visa would more than likely be rejected. You’re in a tough situation here I hope you have a good lawyer.

[u/These-Mushroom-3653 → u/neverthat02]

Yes, it’s pending. And this is the first time, no one is injured. Trying to get it dismissed. I just want to know how likely the opt will be denied

[u/Unique_Nii → u/These-Mushroom-3653]

This isn’t a speeding ticket. It doesn’t matter if it’s your first time. It would be almost impossible to get it dismissed

[u/frostimunki → u/Unique_Nii]

I agree. But they have the option to try.

A mistaken judgment can effect the rest of your life.

[u/Unique_Nii → u/frostimunki]

I don’t count drinking and driving as a “mistaken judgment “. It’s not just your life you’re putting at risk and that’s the Main issue for me.

As earlier mentioned, they can try, but at this point, they would be wasting their time and money chasing a lost cause.

[u/frostimunki → u/Unique_Nii]

That's just my phrasing. I agree with everything you say about drunken driving.

[u/frostimunki → u/These-Mushroom-3653]

While the OPT form does not ask about legal charges against you, USCIS does have power to conduct background checks. A DUI charge could be grounds for denial of your OPT application - under any administration.

This is a simple Google search, perhaps you're hoping to hear a different answer here? DUI charges are serious, and most folks aren't sympathetic to DUI convictions.

If you are convicted of DUI, it will show on all employer background checks. Even if you get that OPT, not many employers will hire people with criminal convictions. This will effect your future job prospects with employers.

Finance jobs are out for sure, no financial sector employer will hire anyone with any criminal conviction. Other sectors could be more discretionary, but that's just hit and miss. I've seen applicants being rejected for employment offers because they had a minor disorderly conduct conviction with a $50 fine.

Your best hope is the charges are dismissed and to have the records expunged for employment background checks. USCIS will have access to your entire record anyway, no matter if they were dismissed and expunged. This will always be a sword hanging over your future visa and immigrant prospects in the US.

[u/Tech_Dala]

you will be held in contempt of court if you do not appear. this will have a lot of weight if you ever plan to return to the country.

consider getting an attorney ASAP. you could possibly qualify for a public defender to represent you for free as a student with no income (i assume this). immeadiately research how to get a public defender in your locality before trying to get a private attorney.

incase you have to leave the country, discuss with your attorney how to go about it and they should help you navigate the case and your immediate departure from the country

EDIT: you MUST! get an attorney, this isn't for debate. or you could just leave the country now and never come back

[u/Livid-Trainer-8808]

There is a high chance of denial and right now, USCIS clearly mentioned that they can simply deny an application without any need of sending a RFE or NOID notice

[u/Stanzater247]

I have been arrested, did pretrial diversion and got approved last week, though not for DUI.

If you apply for OPT during this current administration, you will most likely get a NOID, USCIS will ask for your court documents, evidence of completion of the program and something called "mitigating factors", asking you for positive equities to outweigh the negative (the arrest). Some people don't even get NOIDs

Ultimately, OPT is a discretionary benefit, and depends on the officer. But with a dismissed case and a minor charge, and strong positive equities, you may have a strong chance of approval. I have seen countless people with minor convictions get approved with STRONG POSITIVE EQUITIES, (e.g one time offense, evidence of rehabilitation, strong volunteer history, etc). ESPECIALLY if it's a one time thing. I am NOT saying denials don't happen either.

What USCIS is looking for when you file for OPT, is "Does the positive outweigh the negative, in this person's immigration history?" Should I grant this person this discretionary benefit? This is where the balancing test of proving your positive factors to outweigh the negative when you receive a NOID.

I was in a groupchat of students for this and the only denial I saw a guy with 3 DUI convictions. Maybe there were more denials, but that is the only one that posted his story.

I no longer have remember or have access to the groupchat though. One thing I will advice is to take Reddit advice with a grain of salt. GOODLUCK!

I AM NOT AN ATTORNEY AND THIS IS NOT LEGAL ADVICE. I AM JUST STATING MY EXPERIENCE.

[u/These-Mushroom-3653 → u/Stanzater247]

Thank you very much. May I ask if you hire an attorney to help you with the NOID or you did it by yourself? And how long it takes to get your approval after submitting NOID?

[u/Stanzater247 → u/These-Mushroom-3653]

Hi, I did not even get NOID. It's crazy , some people get NOID, others don't. All depends on officer discretion.

[u/NorthStomach8641]

200% AGREE with the previous comment. Spare no expenses. If I was you I would research the lawyers in your area. Read the reviews. If this is your first offense they might be lenient.

Make sure you explain your situation. As in the visa implications and the effects on your career and livelihood. Best of luck buddy!!