Immigration attorney Scott Decker has brought attention to a troubling case where the U.S. Citizenship and Immigration Services (USCIS) denied an applicant's STEM Optional Practical Training (OPT) extension, citing a 'law enforcement interaction.' The agency did not specify the nature of the interaction, but Decker revealed that his client had once called the police after being assaulted on the street.
In a LinkedIn post, Decker expressed his dismay: 'In short, USCIS is taking the position that being a crime victim and calling the police for help is such a bad thing that it makes you ineligible for any discretionary benefit, such as obtaining an extension of status in the US.' He speculated that the USCIS officer might have been 'just being lazy,' seeing the client's name in a police report without investigating further. Decker hopes that upon receiving the response to the Notice of Intent to Deny (NOID), USCIS will reverse its decision. If not, he may seek relief in federal court.
A NOID is a formal letter from USCIS indicating its intention to deny an application unless additional evidence is provided, typically allowing a 30-day response window. Decker described the situation as 'crazy' but noted that similar incidents have occurred before.
He recounted a case from about 10 years ago when a client was denied a visitor visa in Paris on fraud grounds. The consular officer alleged the client lied about never being arrested, showing a police report as evidence. However, the client was actually a witness to a crime, and the police report contained his statement. Despite explanations, the consulate issued an updated denial citing lack of non-immigrant intent—a basis not reviewable by courts. Decker concluded: 'Not only were they not going to admit they made a mistake with the initial denial, they made sure nobody else could call them out for their mistake.'
