USCIS Notice of Intent to Deny (NOID)

When you submit an immigration application to United States Citizenship and Immigration Services (USCIS), you must ensure that your petition meets all of the necessary requirements. If you are missing some of the required documents, USCIS will typically send you a notice to inform you of what materials they still need before they outright deny your application.

If your case outlook is positive, they will send a request for evidence (RFE) indicating you need to submit the documents within 90 days. If the outlook is negative, however, you may receive a Notice of Intent to Deny from USCIS.

What Is a USCIS Notice of Intent to Deny?

A USCIS Notice of Intent to Deny (NOID) is a response that indicates your petition did not have sufficient evidence. Beyond that, a NOID also means that USCIS does not believe your petition will be accepted for one reason or another.

What Does Intent to Deny Mean?

“Intent to Deny” refers specifically to the idea that USCIS will likely deny your request—even if you submit the missing evidence.

THIS IS NOT AN OFFICIAL DENIAL— An NOID can still be fought.

A NOID occurs when a USCIS officer does not have sufficient evidence to approve an application, but also does not have enough evidence to deny it. Perhaps they would have denied it if they could, but they need more information first.

NOID vs. RFE

A NOID is not the same as an RFE, it is one step further. A request for evidence is a USCIS response that typically implies approval, provided you send in the necessary documents.

While both are received in the mail after you have submitted an application, and both indicate the lack of some form of evidence in your documentation, the key differences come with the deadline and next layer of implication.

An RFE gives you 90 days to submit the requested documents, a NOID only gives you 30 days. Even if you are aware of the NOID as soon as it arrives, it will still likely be a scramble to gather the necessary evidence in such a short amount of time. Using an organized approach can increase your chances of receiving a favorable outcome.

If you receive an RFE, you should strongly consider reaching out to an experienced immigration attorney for assistance with preparing the necessary evidence and organizing it in an effective way.

If you receive a NOID, you will definitely want to reach out to an immigration lawyer to see if there’s any possible way to restructure your claim to get approval. While an attorney may simply advise you that you are out of luck due to certain circumstances, they may also be able to help you save your case.

Reasons for a USCIS Denial Letter

Some of the most common reasons for a USCIS denial notice are stated below:

• USCIS determines that documents are suspicious or fake, making them invalid for immigration proceedings
• USCIS plans to deny an adjustment of status because there’s no evidence of a joint sponsor
• USCIS plans to deny an adjustment of status because there’s insufficient proof of a genuine marriage
• A certificate of divorce is a suspect document when supporting the merit of a relationship
• It looks like your marriage was used to evade immigration laws; “sham” or fraudulent marriages that are only performed to escape immigration laws do not enable the spouse to receive benefits
• USCIS plans to deny an adjustment of status because there’s not enough proof that the petitioner and beneficiary cohabitated
• USCIS plans to deny an adjustment of status because the applicant is inadmissible under INA section 212(a)(6)(C)(i), the article dealing with individuals who misrepresent evidence or enter the U.S. illegally

An example situation in which you might receive a NOID from USCIS is if your Form I-751 is denied for a lack of evidence and USCIS also believes that some of your documents might be fake or cause you to be inadmissible.

How to Respond to a USCIS NOID

A NOID requires a quicker response than an RFE because the deadline is only 30 days. The quicker turnaround time means it’s also more important to be paying attention to your mail. If you don’t see the denial letter right away, you are losing valuable time each day.

The following are some tips that can help you stay organized throughout the NOID response process to operate within the given timeframes.

• READ: Ensure that you look over the NOID multiple times and that you fully understand what USCIS is asking of you. Think about how you are going to respond, make a reminder in your phone, and do whatever you can do to get the clearest picture of what needs to happen.
• RELAX: Do not panic, this is not a denial. You still have a chance to get your application through, especially if you find the denial notice early. USCIS has given you an opportunity to still be approved instead of outright denying your application.
• REVIEW: You received the NOID because your original application was missing something. Look for any errors in your initial petition, look for any mistakes USCIS might have made in the notice, and think about how you can supply sufficient evidence.
• REVISE: Begin collecting the necessary documents to help prove your case. Depending on what your application is missing, you may need to attach your selective service registration, canceled checks as evidence of attempted payment, tax transcripts, old documents pertaining to previous marriages, etc.
• RESPOND: It’s more important than anything else that you submit something by the deadline. Even though USCIS typically asks for documents that are difficult to provide in such a short period of time—like death certificates, marriage certificates, or other documents from your country of origin—anything can help your case. If you miss the deadline of sending additional materials within 30 days, your evidence will not be looked at and your application will be denied.

It’s important to understand that even if you submit a NOID response, you may still be denied. If your application is denied, you can still make an appeal to USCIS or wait until your record clears and file a completely new application.

Sample Response to Notice of Intent to Deny

NOIDs are relatively common for marriage visa applications which would provide the spouse benefits. This is because there must be sufficient evidence to prove that the relationship is genuine and not an attempt to circumvent immigration laws through a fraudulent marriage.

If you receive a NOID for your marriage visa application, here are some of the documents you can provide to USCIS to prove your application is legitimate:

• Any evidence showing the joint ownership of property between you and your spouse
• A lease that shows you and your spouse share residency
• Evidence that shows the combination of your financial assets or resources
• Certification(s) of birth for child(ren) of the spouse and petitioner
• Any other evidence that could establish the marriage was not entered into to avoid following U.S. immigration laws

USCIS will also accept sworn statements from third parties who have a firsthand understanding of the prior marriage. These statements must include personal information about the individual making the statement, their relationship to the couple, and all information that’s relevant to the sincerity of the relationship. The individual making the statement must be willing to testify before an officer and should attempt to support their claim with any other form of the documentation listed above.

This supporting evidence may be necessary to proceed with the marriage or it may be required as a part of divorce proceedings. If a former immigrant spouse is to keep their status after the relationship ends, they must somehow prove that the marriage was more than a tactic used to enter the country.

Scott D. Pollock & Associates, P.C. Can Help With Your NOID

Our Chicago immigration law firm is dedicated to helping individuals with issues like this one. If you receive a USCIS Notice of Intent to Deny for your immigration application, reach out to one of the knowledgable immigration attorneys at Scott D. Pollock & Associates, P.C. for legal advice.

Call us or fill out the form on our website to begin taking the necessary steps to get your application approved.