A Notice of Intent to Deny (NOID) is a letter from the US Citizenship and Immigration Service (USCIS) telling you that they plan to deny your immigration application. Applicants may receive this notice for citizenship, waivers, and Adjustment of Status applications for permanent residency/green cards.
Sometimes, the USCIS will send you a Notice of Intent to Deny asking for more information before they deny your immigration application. This is better than simply denying your application.
Responding To The NOID:
- Understand the USCIS concerns: First, before you respond to the Notice of Intent to Deny notice, try to understand the USCIS concerns and reason for wanting to deny your application. This way you can respond better.
- Identify the missing information the USCIS wants: Make sure you identify the missing information the USCIS officer is looking for. If you need help with this, please speak to your immigration lawyer for assistance and ideas.
- Note the filing deadline on your calendar: calculate the dates and note this. It is best to start working on your reply early in case you face delays. You want your reply to arrive at the USCIS before the deadline. This way you avoid a denial due to a late response.
- Give the immigration service the correct documents. Do give the immigration service the correct documents, and in the way they want them. This could be certified copies instead of original documents, translated documents or sworn affidavits.
- Your information should be clear and easy to understand. It is a good idea to explain any unusual situation or documents and avoid confusion.
- Keep Proof of Mailing. If possible, mail your reply by certified mail or a delivery tracking method. Keep this as proof in case the USCIS says that they never received your response. If you use a courier delivery service, check that you are using the USCIS courier delivery service address which is sometimes different from their postal address.
- Finally, keep copies of your response and all the documents and information that you send to the immigration service. This way, if your application is denied, your immigration lawyer will be able to see what happened.
What Happens if I don’t respond to the NOID?
If you do not respond to the Notice of Intent to Deny within the deadline or with the requested information, your application will be denied. If you need help with your NOID, you should contact your immigration attorney. Your attorney may help you avoid a denial of your immigration application.
What Happens if I cannot Submit What the Notice of Intent to Deny Wants?
If you cannot submit the information that the Notice of Intent to Deny wants, it is a good idea to explain the reason. Also, you may have different documents that would be acceptable to the USCIS. If you need help or are worried, do not just give up, contact your immigration lawyer.
Seek legal advice from an experienced immigration attorney.
Do speak to an experienced immigration attorney about your NOID. They may have a better understanding about the reason the USCIS wants to deny your case and can help you to respond more effectively. They can also review your documents and advise you on whether they help or hurt your application.
Conclusion
Even though a Notice of Intent to Deny can be worrying, it can also be an opportunity for you to turn a possible denial into an approval. If you send the USCIS the right information you may convince them to approve and not deny your application. Responding well gives you an opportunity to tell your side of the story and clear any suspicions on your immigration record and avoid any negative future impact. This way even if the current immigration petition is denied, your future petitions should not be affected.
Thank you for reading this article. If you have questions about a Notice of Intent to Deny or need our help, please call our immigration lawyer, Attorney Doreen at (626) 256 8500. www.emenikelaw.com
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