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What Is a Notice of Intent to Deny from USCIS?
Feelings of both hope and anxiety often accompany the process of submitting an immigration petition to USCIS. There is a lot at stake, and the outcome could be life-changing. Getting a denial notice can be disappointing and alarming.
A notice of intent to deny (NOID) is what it purports to be. It is a denial letter from USCIS to the applicant advising that the application currently falls short of the required standard for a specific reason. The letter suggests that USCIS intends to deny the application if the issues raised in the letter are not addressed and resolved. In essence, a NOID allows you to address specific defects in a given timeframe.
Why Did I Receive a Notice of Intent to Deny?
You may receive a NOID for various reasons. Some of the more common ones are listed below:
- USCIS immigration officer finds your submission to be insufficiently substantiated.
- The interviewer believes they have picked up inaccuracies or inconsistencies in your interview.
- USCIS believes you have submitted a suspicious document, such as a fake birth certificate.
- USCIS has determined that a prior marriage was not lawfully ended, rendering the later marriage void.
- You are not eligible for the visa you applied for.
- An evaluation officer has concerns regarding the legal status of your marriage. It happens when you fail to answer questions about your marital status persuasively and accurately. You may receive a NOID if the officer believes that your relationship may be an attempt to circumvent immigration rules by being a marriage of convenience.
If you have received a NOID and need help to closely review documents, you are advised to consult with an attorney.
How Should I Respond to a Notice of Intent to Deny?
Within 30 days of receiving the NOID, you must submit extensive evidence to overcome the shortfall in your application. A NOID will clearly outline all the issues you need to address effectively to increase your chances of a positive outcome. It is important to note that a NOID is not the same as an official denial notice. It’s an excellent opportunity to clarify any concerns raised.
You may benefit significantly from the assistance of an experienced immigration attorney in determining the evidence to include, as well as suggesting documents that are not immediately apparent. A skilled immigration lawyer will also thoroughly review all your paperwork before submitting it.
Updating Relevant Documents
When considering your response, it is a good idea to simultaneously update documents you have already provided if circumstances have changed since your initial submission. For example, you have applied for an E2 investor visa, and your business plans need a few revisions to the budgeting and forecasting.
Providing Evidence
You need to address every single item raised in full detail, whether you believe you have done so before or not. Partial responses are not accepted. Providing too much information is better than not providing enough, so give as much as possible. Take the time to review every item on the list.
Adding a Covering Letter
An extensive cover letter that outlines how you have responded to the issues raised and lists all the evidence you have included always works in your favor. Your attorney can write a compelling response letter that explains the new evidence submitted and outlines revisions made to documents. It is essential to follow this procedure in order to increase the chances of your case being successful.
NOID vs. RFE: What Is the Difference?
Understanding the difference between a Notice of Intent to Deny (NOID) and a Request For Evidence (RFE) is essential.
Typically, an RFE is less ominous than a NOID. When the RFE is issued, the USCIS officer is more likely to approve the application pending the submission of the additional evidence requested in the RFE.
A NOID, on the other hand, warns applicants that certain defects will lead to denial of the application unless they are addressed.
The time frames are also different. Applicants are given ninety days to provide evidence for an RFE but only thirty days to respond to the NOID.
How Long Does USCIS Take to Respond to Your Second Submission?
Depending on the complexity of the case and the workload of the USCIS, NOID processing can take several months or even years.
The USCIS evaluating officer will begin processing your revised petition as soon as they receive it. They are required to re-examine your application based on the resubmission to assess whether it complies or not. Extending your current visa while your application is pending to remain a lawful immigrant may be necessary. Remember that the petition to extend your visa has a separate deadline, which you must observe.
Why Does USCIS Usually Issue NOIDs to Marriage-Based Applicants?
When marriage-based applicants are issued NOIDs, it is often done after the USCIS interview is held. During the marriage interview, both partners are typically interviewed at the same time. Marriage officers can issue NOIDs if they suspect that the applicants are trying to circumvent immigration laws by entering a fraudulent marriage.
In addition, USCIS may also issue a NOID if previous marriages or relationships of the couple were not disclosed or if there is evidence that the marriage was entered into solely for immigration purposes. These reasons fall under Section 204(c) of the Immigration and Nationality Act, which states that a marriage-based application can be denied if it appears to be fraudulent.
However, in some cases, USCIS may issue NOIDs for other reasons. This could include issues with the submitted paperwork and evidence or a failure to provide sufficient proof of the relationship. It is essential for applicants to thoroughly review and double-check all submitted documents before the interview to avoid any discrepancies or inconsistencies that may lead to a NOID.
What Happens After Noid is Denied?
If your NOID submission is denied, you have two options: appeal (or motion to reopen or reconsider) or reapply and address the issues of failure.
What Are the Chances of Approval After NOID?
The probability of approval is fifty percent, and if you pay attention to detail, have a strong case, and have the required evidence, approval will be more likely. However, even if you meet these requirements, there is no guarantee of success.
Additionally, you are more likely to succeed if you hire an experienced law firm to assist you with your NOID application.
How Can an Attorney Help?
Attorneys are generally skilled at paying attention to detail, especially in a legal context. With our team of highly qualified and experienced lawyers, we can take on submissions in which it is critical to dot the i’s and cross the t’s. In addition, we can advise you on how to stop or appeal your deportation order.
Let us help you respond to your RFE or NOID today. We can help you build a strategy based on the facts of your case, and we’ll be there for you every step of the way. We provide a full range of citizenship and immigration services, and we’re here to help.
Call us for a free consultation today!