You’ve submitted your immigration petition to the U.S. Citizenship and Immigration Services. You’ve not-so-patiently waited for their response. Then you receive a notice of intent to deny in the mail.
This is disheartening, but it doesn’t have to be the end. Read this article to learn why you might receive a notice of intent to deny (NOID) and how to respond to it.
Did You Receive a Notice of Intent to Deny?
If so, don’t panic. Our immigration attorneys can advise you of your legal options and help you rebut the issues listed in the NOID. Call 303-688-0944 today to begin your case assessment. If you would like to speak with us in Spanish, please call 720-359-2442. Si gustarÍa hablar con nosotros en español, por favor llámenos al 720-359-2442.
What is a Notice of Intent to Deny?
A notice of intent to deny (NOID) is exactly what it sounds like. It is a notice from U.S. Citizenship and Immigration Services (USCIS) that your evaluating officer intends to deny your immigration petition.
A notice of intent to deny can follow all types of immigration applications, such as adjustment of status petitions and work permits.
A NOID should:
- identify the reasons for the intended denial, including the eligibility requirements that have not been established, and why the evidence you submitted is insufficient,
- explain the nature of any adverse information,
- identify any missing evidence specifically required by the applicable statute, regulation, or form instructions,
- identify examples of other evidence that you can submit to establish eligibility, and request that evidence.
Why Did I Receive a Notice of Intent to Deny?
You may have received a NOID for any number of reasons. Maybe you didn’t provide sufficient evidence to support your application. Or maybe your evaluating officer noticed inconsistencies in your interview. Or perhaps you are simply ineligible for the immigration benefit you are seeking.
You might also receive a NOID if your evaluating officer has doubts about the legitimacy of your marriage to a U.S. citizen or lawful permanent resident. This is common if you or your spouse were unable to answer basic questions about one another during a USCIS interview. Your evaluating officer may conclude that your marriage is simply one of convenience meant to circumvent U.S. immigration laws.
A NOID is Not an Official Denial
It’s important to keep in mind that a NOID is not an official denial of your green card or immigration petition. It simply means that USCIS has made a preliminary decision that you do not qualify based on the information that you have provided. You will have an opportunity to remedy any issues within a certain time frame.
Nevertheless, supplying additional evidence does not guarantee your petition will be accepted.
How to Respond to a Notice of Intent to Deny
Respond on Time
Time is of the essence when you receive a NOID. You must respond within 30 days of receiving the alert. Make sure that you respond to a Notice of Intent to Deny well within the due date. This is a “hard” deadline.
Understand the Nature of the Notice
Carefully read the list of reasons that USCIS intends to deny your petition. This will give you some insight into USCIS’s decision-making. The list is your jumping-off point for considering your response options on which you can build your case for eligibility.
Respond to Each Issue
Your response must specifically address each issue that was raised in your notice of intent to deny. Partial responses generally will not sway your adjudicator.
When it comes to compiling evidence for your NOID response, less is not more. As long as they are relevant, there are no restrictions on the number of documents you can submit to support your application.
For example, you may need to provide documents that relate to previous marriages or qualifications from early on in your education or career.
Update Relevant Documents
In addition to submitting new documents, you may have to revise the documents you already submitted to USCIS.
For example, let’s say you are applying for the E-2 investor visa. You may need to revise different areas of your business plan, such as budgeting and forecasting.
Add a Cover Letter
A cover letter clarifies the content of any new documents you submitted. It also notes any revisions and changes you have made.
What if Your Response is Denied?
Let’s say the worst-case scenario comes true and the USCIS rejects your response to the Notice of Intent to Deny. You will receive a denial letter explaining the reasons for the denial.
You now have two options: appeal or re-apply.
You may appeal using Form I-290B, Notice of Appeal or Motion. You will use this form if you think the USCIS made a mistake denying your case.
You must submit your notice of appeal to the office that issued the decision within 30 days from the date of the denial. Note that Form I-290B currently includes a $675 processing fee.
After submitting Form I-290B, you will have 21 days to file a written brief in support of your appeal. The brief should clearly explain why you believe the USCIS made the wrong decision. You should also include new evidence that supports your appeal.
If you were denied because you were ineligible, your best bet is to wait until enough time has passed and your record is clear. If you believe you can overcome the reason for the denial, you may re-apply later.
We Can Help You Respond to Your NOID
Receiving a notice of intent to deny can be incredibly stressful, especially if your life plans hinge on approval of your immigration petition. If you have received a NOID, the immigration attorneys at Robinson & Henry will help you craft a response that addresses each issue raised by the USCIS. Call 303-688-0944 today to begin your case assessment. If you would like to speak with us in Spanish, please call 720-359-2442. Si gustarÍa hablar con nosotros en español, por favor llámenos al 720-359-2442.