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