Notice of Intent to Deny Explained


NOID or Notice of Intent to Deny is something that is given by USCIS later in the immigration process. You may have already submitted a petition of some sort, received an RFE, or had an interview. These come very late in the process and it does not mean that the case is denied. It’s a notice that the officer who is evaluating that case plans to deny.

It actually can be quite helpful in that it provides more of a legal basis or their reasonings as to why that officer who is analyzing your case does not think you are eligible for the benefit that you are applying for. These can be given for many reasons. There could have been insufficient evidence, new evidence that has come to light such as a criminal record, or failure to establish your eligibility for that benefit.

Usually what happens with these NOIDs is the officer will give their reasons for the denial. Sometimes, those are based on law or based on the circumstances in the record.

When you submit something to USCIS, that becomes a permanent part of your record and you will have to deal with any inconsistencies at some point in time. Hopefully, that comes before you’re issued a NOID because they can be quite nerve-wracking. But know that it’s giving you one more opportunity to plead your case.

They cause a little more stress because you usually have to respond within 30 days so it’s a quick turnaround. You might have to refresh evidence and get new evidence or new affidavits from people, but it’s one last chance for you to remedy the issues that the officer has seen with your case.

Due to the fact that the response is usually based on evidence and procedural requirements, a lot of times we’ll write a brief explaining why that particular benefit should not be denied. We always advise getting assistance from a firm or an attorney that is familiar with the NOID process and has done them successfully.

You can overcome them. A lot of times those cases are denied so you want to make sure that you have somebody to go through it with a fine-tooth comb and respond to every detail that that officer is alluding to. We could present new evidence that negates what they are saying, we could make a legal argument and sometimes, they are not based on correct legal evidence in order to issue a denial.

Know that this is not necessarily the end of the line for your case. There are a lot of other remedies that could possibly be there for your specific case. Again, that depends on what immigration benefit you are applying for.

If you could submit another application that might be available to you, you could appeal it to one or more different avenues within that immigration system. It’s really important to try to get the NOID right and exhaust that administrative remedy before you have to move on to dealing with a denial.

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