HAVE YOU RECEIVED A NOID AND DON'T KNOW WHAT TO DO?
NOID, or Notice of Intent to Deny, may be received after USCIS has reviewed your case, and sometimes after the green card interview.
The NOID notice is often mistaken for a denial of the case. It’s very urgent to discuss the NOID with an immigration attorney right after receiving it. Many cases that could easily be resolved after a NOID are answered incorrectly by applicants trying to respond without an attorney’s expertise on how to respond. The information requested by a NOID is often confusing or very general, such that working with an experienced immigration expert will ensure that you “read between the lines” as to what needs to be addressed in the response.
It’s essential to provide, not just documents, but a thoughtful response with complete information to be able to rescue the immigration application. If the response is not adequate according to the USCIS standards, they can reject the I-130 petition or the adjustment of status.
To better understand this process, it is necessary to specify what the NOTICE OF INTENT TO DENIAL is: The NOID is a letter issued by USCIS when an official determines that the application does not demonstrate the correct eligibility for the immigration benefit. This same letter lists the reasons why USCIS intends to deny your case and provides you with the solution.
NOIDs should not be confused with requests for evidence (RFEs), which are issued when USCIS requires more information to support specific crucial pieces of evidence such as specific documents or specific data.
In contrast, USCIS issues a NOID when an applicant has provided sufficient initial evidence, but for some reason does not believe that the case should be approved.
Who should respond when receiving a NOID?
It will all depend on the status or phase of your petition case.
If the arrival of the NOID was some time after the filing of the I-130 petition, then the petitioner is the one who must respond. The immigrant beneficiary cannot respond to a notice of intent to deny an I-130 petition, although he or she can assist the petitioning relative in preparing a response.
If the NOID was issued to a person who filed an adjustment application then the applicant beneficiary should respond.
There are a few common reasons why USCIS issues NOIDs to married applicants.
In marriage- based cases, couples must demonstrate through evidence that their application is eligible for approval. Some USCIS officers try to hold applicants to a higher standard than others.
USCIS may issue a NOID for a few reasons, including:
- Insufficient evidence of a bona fide relationship.
- Discrepancies or inconsistencies in the testimony of each spouse.
- Discovery of negative information.
- Finding of 204(c) fraud
- Among others.
Once a response to the Notice of Intent to Deny has been submitted, what should you expect from USCIS?
USCIS will review the information you provided in the form of a response, along with sufficient evidence you submitted to change the adjudicator's mind and may approve your case. This process could take USCIS several months.
If USCIS finds your response to the NOID insufficient, it will issue a denial letter and explain the reasons why. However, it is often faster to simply reapply for the immigration benefit in question.
Contact our office for a free phone consultation with our expert immigration attorney to ensure that you provide the best response to any requests from USCIS: (909) 845-1183.
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