Receiving a Notice of Intent to Deny (NOID) from USCIS can be alarming, but it does not always mean your case will be denied. A timely and thorough response can often correct misunderstandings, provide missing evidence, and keep your immigration application or petition on track. Our immigration lawyers provide guidance on responding to USCIS denials and notices to help ensure your immigration benefits are protected.
What is a Notice of Intent to Deny (NOID)?
A Notice of Intent to Deny (“NOID”) is a letter an applicant or petitioner receives from USCIS, notifying him that after reviewing the application or petition, USCIS does not believe that the applicant or petitioner is entitled to the benefit which he or she applied for and therefore, USCIS intends to deny the application or petition. A NOID may be received either before or after an interview with USCIS. Generally speaking, a NOID will contain a detailed explanation as to why USCIS does not believe that the applicant or petitioner is entitled to the benefit requested. Common reasons for receiving a NOID include a lack of sufficient documentation provided with an application or petition necessary to meet the legal burden, inconsistencies during an interview at USCIS, or simply a determination that the applicant or petitioner is ineligible for the immigration benefit that is being sought.
Understanding the USCIS Notice of Intent to Deny
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. In some cases, an applicant or petitioner may be able to clarify a misunderstanding. In other cases, responding to a NOID successfully may involve providing additional documentation or conducting further research to demonstrate why the application or petition should not be denied. There are also circumstances in which it does not make sense to respond to a NOID, because the information it contains is correct. There is no additional information to provide that would result in approval.
Common Reasons for Receiving a NOID
A common example of a NOID is a NOID based on USCIS’s determination that a prior marriage of a petitioner, applicant, or beneficiary was not lawfully ended through divorce or annulment. Foreign divorce laws vary widely in their requirements, and foreign divorce decrees vary widely in their contents. USCIS will evaluate a foreign divorce or annulment decree and associated documents to determine whether the proper procedure was followed in the country where the divorce or annulment occurred, but this is not a foolproof process.
Sometimes, USCIS erroneously denies an application on the assumption that the petitioner, applicant, or beneficiary is still married to a prior spouse. This is important in cases where a subsequent marriage makes an applicant or beneficiary eligible for an immigration benefit, because any previous marriages must be lawfully ended for the new marriage to be valid. In such cases, it may be possible to provide further documentation or case law to USCIS to show that the proper procedure was followed and that the divorce or annulment was finalized.
Legal Help After Receiving a NOID
If you or someone you know has received an NOID and would like further guidance on how, or whether, to respond to the NOID, please contact Tanner Law Offices at 717-731-8114 to schedule a consultation with one of our attorneys.