What to Do After Receiving a Notice of Intent to Deny
The Notice of Intent to Deny (NOID) plays an important role in the immigration process. Its purpose is to notify an applicant that USCIS has sufficient evidence to deny your application, but they are giving you a chance to respond before they issue a final notice.
An NOID is different from a Request for Evidence. When USCIS sends an RFE, they do not have sufficient evidence to make a determination on your application, one way or the other. With an NOID, USCIS is on the cusp of issuing a denial.
Obviously, receiving an NOID is a critical moment, and applicants cannot brush it off. Call The Law Office of Jason M. Sullivan to speak with an attorney about how to respond. Our firm has years of experience representing clients as they seek immigration benefits.
Steps to Take When You Receive an NOID
- Read the Notice
The notice should identify why USCIS intends to deny the application. it should cite the factual and/or legal basis for denial. You want to understand precisely why USCIS intends to deny your application so you can respond. Remember, an NOID is not a final denial. Instead, USCIS is telling you they have enough evidence to issue a denial but are giving you a chance to respond.
- Note the Deadline
You can submit additional supporting documentation to USCIS, but there is a deadline. Because you don’t want to miss the deadline, it is critical to move quickly.
- Contact an Immigration Lawyer
Too many people attempt to handle their immigration matters, only to make serious mistakes. The correct step is to hire an experienced immigration lawyer, especially one whose strength is strategic immigration planning.
A lawyer will know:
- What evidence to submit to USCIS to bolster your application and directly respond to the reasons why USCIS wishes to deny your application.
- How to find the evidence in the most efficient manner.
- Whether to seek an extension, if possible, to give yourself more time to gather evidence.
- What evidence is most compelling (such as witness statements, financial records, etc.)
Although you can try to begin gathering evidence on your own, you will probably save time and money by quickly securing a lawyer’s services.
- Stay in Close Contact with Your Lawyer
Your attorney will need evidence that is in your possession. Try to get it to your lawyer as soon as possible. Delays only increase the odds of your application being denied.
What if You Do Not Respond to a Notice of Intent to Deny?
If you fail to respond, then USCIS will go ahead and deny the application. For this reason, responding in a timely fashion is critical. Contact an
Contact Our Office for Immediate Assistance
Anyone hoping to obtain a green card, adjust status, or secure a visa should reach out to our office. A Portsmouth, New Hampshire or Miami, Florida immigration lawyer can identify why USCIS is leaning toward a denial of your application and mount a response. Contact us for a private consultation.