What to do if you get a NOID (Notice of Intent to Deny)?

The U.S. Citizenship and Immigration Services (USCIS) issues a Notice of Intent to Deny (NOID) to notify that, following a review of their application or petition, USCIS believes the applicant or petitioner does not qualify for the requested benefit, leading to a potential denial of the application or petition. This notice can be issued at any point in the process, before or after a USCIS interview. Typically, the NOID includes a detailed explanation for why USCIS considers the applicant or petitioner ineligible for the desired benefit.

An applicant or petitioner can respond to a NOID within thirty (30) days to refute the reasons laid out in the NOID for the denial of the application or petition. By working with an experienced immigration lawyer, you can gather additional evidence that can influence the outcome of the case in your favor.

A Notice of Intent to Deny (NOID) can be issued by the U.S. Citizenship and Immigration Services (USCIS) for several reasons, commonly including:

• An immigration officer deems your submission as lacking sufficient evidence.

• Discrepancies or inaccuracies are identified by the interviewer during your interview.

• Submission of questionable documents, such as a counterfeit birth certificate, is suspected by USCIS.

• USCIS concludes that a previous marriage was not legally terminated, which invalidates a subsequent marriage.

• Ineligibility for the visa for which you have applied is determined.

• Concerns about the legitimacy of your marriage are raised by an evaluation officer, especially if answers to marital status queries are not convincing or accurate, leading to suspicion of a marriage designed to bypass immigration regulations.

NOID vs. RFE

A Notice of Intent to Deny (NOID) is a significant indicator that the U.S. Citizenship and Immigration Services (USCIS) has substantial doubts about an applicant's eligibility for the benefit sought. It signals that, based on the evidence already reviewed, USCIS is inclined to deny the application but is providing a final opportunity for the applicant to address these severe concerns.

In contrast, a Request for Evidence (RFE) is issued when USCIS believes an application could be approved but requires additional evidence to make a positive determination. Essentially, an RFE suggests that the application is incomplete and needs more documentation to proceed towards approval.

Both a NOID and an RFE offer the applicant a crucial chance to supplement their case with additional evidence or clarification, potentially converting the USCIS's initial inclination towards denial or request for more information into an approval.

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. 

1.     Partner with an experienced immigration attorney: Given the complexities of immigration law, it's advisable to partner with a lawyer who specializes in immigration. Their expertise and experience in handling similar cases can be invaluable in formulating a response that addresses USCIS's concerns effectively.

2.     Create a NOID response strategy: This plan should be tailor-made to your case, highlighting your eligibility and addressing the specifics of USCIS's concerns.

3.     Address All Issues: It's crucial to respond to every issue USCIS has raised. A partial response won't suffice. This means collecting and submitting comprehensive evidence for each reason for denial mentioned in the NOID. Ensure that all documentation is pertinent to your case. There's no limit on the amount or type of evidence you can submit, so include everything that could support your case.

4.     Collect additional evidence: Identify and compile evidence that responds directly to the points of contention outlined in the NOID. For instance, if your eligibility under a specific category like EB-1A is questioned, you might need to provide additional proof of your critical role within your organization, such as letters from company executives.

5.     Submit a NOID response on time: It is important to respond to the NOID by the due date on the NOID notice. The due date is typically 30 days after the NOID is issued. Failing to respond within the allotted time will result in your application being denied.

Receiving a Notice of Intent to Deny or NOID from USCIS in response to an immigration petition can be very stressful and disappointing for the individual filing the petition. But it does not have to be, by any means, the end of your immigration journey. By working closely with an experienced immigration lawyer, you can increase the chances of approval after NOID regarding your immigration application. For more information on how we can assist you, please visit our website at www.elizeelawfirm.com or email us at intro@elizeelawfirm.com.

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone 305-371-8846.