You filed an immigration petition with the U.S. Citizenship and Immigration Services and patiently waited for their response only to receive a notice of intent to deny in the mail. This can be disappointing, but it does not have to end that way.
Did You Receive a Notice of Intent to Deny?
If you did receive a notice of intent to deny, do not get anxious. Compose yourself and contact your nearest immigration attorney as they can provide you with sound advice and help you reply back to USCIS.
What Is A Notice of Intent To Deny
A notice of intent to deny (NOID) is precisely what it sounds like. It is a notice from USCIS that the immigration officer handling your case is intending to deny your immigration application. A notice of intent to deny is applicable to all types of immigration petitions, such as an adjustment of status or application for naturalization. The purpose of a NOID is to:
- Identify the reasons for the intended denial, including the eligibility requirements that have not been instituted and why the evidence you submitted is insufficient
- Explain the nature of any adverse information
- Pinpoint any missing evidence specifically required by the applicable statute, regulation, or form instructions
- Recognize examples of other proof that you can submit to establish eligibility and request that evidence
Why Does an Applicant or Petitioner Receive a NOID
A NOID can be issued for several reasons. Maybe you did not submit enough evidence to support your claim. Another reason can be that the evaluating officer observed inconsistencies in your application and interview or you are ineligible for the immigration benefit you are pursuing.
You might also receive a NOID if the officer assessing your application is unsure about the legitimacy of your marriage to a U.S. citizen or lawful permanent resident. This is common if you and your spouse were unable to answer basic questions about one another during a USCIS interview. Your evaluating officer may come to a conclusion that your marriage is simply to evade immigration laws.
A NOID is Not a Denial
It is essential to note that a NOID is not an official denial of an immigration petition. It serves as a notice that USCIS has made a preliminary decision that you are not eligible for an approval just yet based on the information provided. An opportunity will be given to fix the issues with a specific timeframe. Regardless of how much supporting documentation you provide in your response to the NOID it does not guarantee an approval.
Responding To A Notice Of Intent To Deny
When responding to a NOID there are some elements the applicant must look out for and those are:
- Responding on a Timely Manner - Time is essential when a NOID is received. The applicant has a time period of 30 days in which to respond immediately after getting the notification. Failure to reply may result in a denial
- Understand the Nature of the Notice - Pay keen attention to the list of reasons why USCIS intends on denying the petition. This will give you some understanding into the decision made by USCIS
- Reply to Each Issue - Answer each issue that was addressed in the NOID. Partial answers may not convince the USCIS officer
- Gather Your Evidence - collect as much evidence as you can that corresponds well to the concerns raised in the NOID. For instance if USCIS raises the question that not enough evidence was provided on your employment history
- Provide Updated Relevant Documentation - In addition to submitting new evidence, you have to review the documents you previously filed
What Do I Do If I Receive A NOID?
If you receive a NOID talk to your local Immigration Attorney. Getting a NOID can cause anxiety and stress especially if you have huge plans that are dependent on getting an approval for your immigration petition. If you were issued a NOID, the attorneys at Gambacorta Law Office will create a neatly organized response that addresses each issue stated in the NOID. Call us at 847 443 9303, so we can start working on a strategy for your NOID.