The excitement you feel after sending in an application to U.S. Citizenship and Immigration Services (USCIS) may quickly turn into stress and worry when you receive a Notice of Intent to Deny, also referred to as a NOID. If you’re in this situation, it’s important not to panic. Here’s what you need to know about your options moving forward and the next steps you must take.
A NOID Doesn’t Always Lead to a Denial
NOIDs are typically issued when the USCIS officer who reviewed a specific application determines that there is not enough information or evidence to approve the application, but there is also not enough evidence to deny it, either. The good news about this is that a NOID can be fought against and overcome.
You can think of this one step more serious than a Request for Evidence (RFE), which means that you and your attorney will have to change the mind of the reviewer by providing any additional evidence or documents explaining why your specific application should be approved.
Read the Noid Thoroughly and Respond Accordingly
As we mentioned above, NOIDs are issued when the USCIS officer neither approves nor denies your application upon review. It’s important to read the NOID thoroughly, as this document will essentially notify you that your application will be denied if you don’t take further action and submit sufficient evidence.
You are required to respond to a NOID within 30 days upon receiving the notice (this is typically the maximum time frame that you will get). This really isn’t that much time, especially when you have to review and pull different pieces of evidence to make up for the deficiencies in your original application. An immigration attorney can help you gather all the information you need in a timely manner so your case isn’t denied because of a lack of response.
If Your Case Is Denied Following a NOID, You Still Have Options
If your NOID response is unsuccessful, you will receive a denial letter from USCIS explaining the reason. While this can be a frustrating part of the process, know that this isn’t the end of the line. You may be able to submit an appeal through the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA)—information on where and how to file your specific appeal will be located on your denial letter. Alternatively, you may be able to either file a motion to reopen the case after it was denied or reapply for immigration altogether.
When the approval of your immigration application is on the line, it’s ultimately in your best interest to seek the assistance of a dedicated immigration attorney who can work hard on your behalf and maximize your chances at a favorable outcome. The board-certified immigration attorneys are standing by to help you in the pursuit of your American Dream.
Contact Maney Gordon Zeller at (800) 708-4399 to speak with our full-service immigration team for free today.