Receiving a Notice of Intent to Deny (NOID) can be daunting in some cases, as it means USCIS could deny an immigration application.
To avoid receiving a NOID, immigrants must prepare very well before filing an application with USCIS. For this reason, it is strongly recommended that you contact our New Jersey immigration lawyers first .
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What Is A USCIS Notice Of Intent To Deny (NOID)
A Notice of Intent to Deny (NOID) is a USCIS response indicating that the application submitted lacked sufficient evidence. Likewise, the NOID can also mean that USCIS does not believe that the application will be accepted.
- Generally, this notification is issued by USCIS when the officer in charge determines that the applicant was unable to demonstrate their eligibility for the immigration benefit they requested.
- In the notice, USCIS lists the reasons why the case is intended to be denied and what options the applicant may have to respond to this decision.
- This notification implies that the applicant did not provide the indicated evidence. Furthermore, USCIS believes that immigration relief should not be approved for some reason either.
- Likewise, this notice is presented due to lack of evidence to support the request. The latter may be because the applicant has a criminal conviction or has committed violations of the immigration laws of the United States.
In some cases, immigration laws meet US criminal laws, when this occurs it is known as crimmigration. You can learn more about this topic on our blog.
What Does A Notice Of Intent To Deny Mean?
Intent to deny refers to the idea that USCIS will probably deny an immigration application. This can occur even if the petitioner submits any missing evidence.
It should be noted that a NOID is not an official deny, as it can be combated. Generally, this notice is issued when an immigration officer does not have enough evidence to approve the petition, but also does not have enough evidence to reject it.
What Is The Difference Between RFE And NOID?
A NOID is not the same as a Request for Evidence (RFE). This is because the NOID indicates that USCIS plans to deny the application, while the RFE indicates that USCIS requires additional information to complete the application approval.
On the other hand, a notice of intent to deny gives the applicant the opportunity to respond to the reasons for denial, while an RFE allows the petitioner to provide additional evidence.
Also, the response time for a Notice of Intent to Deny is typically much shorter than the response time for an RFE. For example, the response time of the NOID can be as little as 30 days, while that of the RFE can be up to 89 days.
Although there are differences between a NOID and an RFE, failure to respond to either of these notifications would bring significant complications to the immigrant’s legal status.
For example, the petitioner could lose their legal status in the US and their ability to receive future immigration benefits. This means that if the immigrant wanted to get the Green Card, failure to respond to the notice could lead to the denial of the Green Card.
Is RFE Better Than NOID?
The request for evidence tells the immigrant that USCIS cannot evaluate the application in its current form, while the NOID is more serious and tells the immigrant that USCIS may deny their application.
While both notices are very important, it is better to receive an RFE than a NOID. This is because the RFE only means that USCIS requires more information and not that it intends to deny the application.
Reasons For Issuing A Notice Of Intent To Denial (NOID)
Some of the reasons why USCIS could issue a NOID is due to the following circumstances:
- The divorce certificate is unclear.
- All the documents were determined to be suspicious or false.
- There is not enough evidence about the genuineness of a marriage to proceed with adjustment of status in the United States.
- There is insufficient evidence from a joint sponsor for adjustment of status.
- There are suspicions that the marriage was used to evade US immigration laws.
- Adjustment of status is planned to be denied because the applicant is inadmissible under section 212(a)(6)(C)(i) of the INA.
- There is insufficient evidence that the petitioner and the beneficiary cohabited.
A very common case in which a NOID is issued is when Form I-751, Petition to Cancel Conditions on Residence, is denied for lack of evidence.
How To Respond To A Notification Of Intent To Deny (NOID)?
To respond to a NOID, a quick response is required, as the time frame is only 30 days. The following tips may help petitioners stay organized as they respond to this notice:
- Please read carefully: It is crucial to ensure that you review the NOID several times and that you understand everything that USCIS is asking for. As a result, it is important to think about how you will respond to this request in advance.
- Calm down: Many immigrants panic when they receive a NOID. However, it is important to remain calm, especially if the denial notice was received early.
- Review the notice: On some occasions, it is possible that there is an error in the initial request. Therefore, it is ideal to look for any type of failure and think about how to present sufficient evidence regarding it.
- Gather Documents: Depending on what is missing from the application, you may need to attach documents such as: canceled checks, selective service records, tax transcripts and others.
- Always respond: It is extremely important to respond before the deadline, since failure to do so could result in the application being denied.
Note that even if a response is sent to a NOID, it may still be denied. If denied, the petitioner can file an appeal with USCIS or wait for the record to be cleared and file a new application.
Learn more about how to appeal an immigration case decision effectively in our respective blog.
What Should I Do If I Received A Notice Of Intent To Deny (NOID)?
The NOID requires swift action to be taken in response, so it is crucial not to panic. Therefore, immigrants should ensure that they are proving their eligibility based on the relevant requirements.
Some tips that we give to carry out this process are:
Meet The Stipulated Deadline
It is important to respond to this notice within the applicable period of days. Therefore, when the notice is received, be sure to write down the expiration date, since these dates are not negotiable.
If the NOID is not answered with convincing evidence before the deadline, the immigrants will receive a notice of action denying the petition.
Address All Issues
The NOID will provide all of USCIS’s reasons for denying the petition. Therefore, partial answers will not be enough to influence a favorable decision. Likewise, it is not worth leaving anything to chance or making assumptions about the application.
Our advice is to comprehensively collect and submit all required evidence regarding each reason indicated by USCIS.
Collect The Documents
Immigrants should submit as many documents as necessary, based on their circumstances and application issues. Also, documents may be needed in connection with possible previous marriages.
It is essential that all documents collected are relevant, as there are no restrictions on the volume or type of document to submit.
Update Of Relevant Documentation
In addition to providing documents and new evidence, immigrants may need to carefully review documents that have already been submitted to USCIS.
For example, if you are applying for an E-2 visa, the business plan may require certain revisions in different areas. These could be forecast and budget.
In these particular cases, it must be ensured that the changes and updates are included in a schedule or are mentioned in the cover letter more clearly.
Take Professional Advice
Due to what is at stake, it is essential to seek professional advice on this issue. Therefore, our attorney Carolina T. Curbelo is willing to help all immigrants who need professional advice on immigration issues.
Thanks to the help of our lawyer, we will be able to advise on the documents that you must compile to build a solid response before USCIS.
Wait For The Decision
After USCIS has received the immigrant’s response regarding the NOID, processing will resume. To do this, the additional evidence will be used, the decision will be made, and you will be informed of the final result once it has been decided.
It should be noted that the NOID can take months or years to process. Therefore, this is likely to negatively affect plans to travel or stay in the US.
Time is crucial in immigration applications. In fact, if you filed an application for political asylum in the United States, then you should know what the asylum clock is and how it might affect you.
Can USCIS Deny Without NOID?
Pursuant to volume 1, chapter 6 of the policy manual, USCIS has the discretion, in some cases, to deny an application without first issuing a NOID or RFE.
- As a general rule, a USCIS officer issues a NOID or an RFE when the law and facts warrant it. Similarly, officers should not avoid issuing one of these notices when necessary.
- Likewise, the officers must not issue one of these notices if it is determined that the evidence already submitted establishes the eligibility or ineligibility of the petition.
- Submitting an unnecessary notice can potentially cause significant delays in the completion of the case. Additionally, it may incur additional costs to both the US government and the applicant.
Generally, USCIS will issue written notices to request missing evidence. However, you also have the ability at your discretion to deny requests without prior notice.
What Happens If A NOID Is Denied?
Upon receiving the denial notice from USCIS, immigrants have the opportunity to file a motion to reopen or reconsider. Likewise, they can appeal the decision through Form I-290B, notice of appeal or motion.
The deadline for filing this form is 33 days from the date of the USCIS decision. In addition, there is a fee that must be paid to make this presentation, which is $675.
Now that you know the filing fee to appeal a NOID decision, you may be wondering how much does and immigration lawyer costs. Find out the answer in our corresponding post.
Can You Get Approval After The NOID?
Once USCIS receives the immigrant’s response, it will review the information provided and approve the case if sufficient evidence is presented. You must be patient in this type of process, since sometimes it usually takes months.
To find out the status of the application, immigrants can use the USCIS Contact Center. As a result, when reviewing the response, USCIS may consider the information to be insufficient or sufficient.
How Long Does It Take For USCIS To Make A Decision On The NOID?
The NOID can take months to process, and can even take years. Once USCIS receives the response from the immigrant, it will begin processing the updated petition. All this is done with the new evidence that was submitted.
It should be noted that during this time, the immigrant may need to apply for an extension of their current US visa type to remain legal in the US. The application to extend the visa also has a separate deadline.
How Can Our Ridgewood, New Jersey Immigration Law Firm Help You?
Receiving a Notice of Intent to Deny (NOID) can be stressful, even if everything possible has been done beforehand to determine eligibility.
Although a rejection of any of these notices can be appealed, only a good, experienced immigration attorney can help you. For example, our lawyer Carolina Curbelo.
Our law firm has been dedicated to helping immigrants with problems like this for years. Therefore, if you receive a notice of intent to deny from USCIS for an immigration application, it is best to contact us beforehand.
You can contact us by phone, by email, or by scheduling an appointment with our office, which is located in Ridgewood, New Jersey.