NOID from USCIS: What Next?
Receiving a Notice of Intent to Deny (NOID) in response to a US immigration petition can be extremely disappointing and disheartening for the petitioner.
It does not however signify an outright denial. NOIDs can be rebutted by providing additional evidnce not included in the initial application, or by presenting legal grounds as the basis to support granting the application.
If you have received a NOID, it will be important to understand your options and what steps you need to take. The critical factor will be to act quickly and effectively.
What is a NOID?
A NOID is a notice from USCIS to the petitioner that the evaluating officer plans to deny the petition on the basis of fundamental ineligibility for the visa classification being applied for.
A NOID is indication that on the basis of the information submitted and available at the time of adjudication, a preliminary decision has been made that you do not qualify due to perceived ineligibility.
This could result from insufficient evidence having been provided in support of the application, a failure to establish that the applicant warrants a favorable exercise of discretion or another reason relating to the specifics of a case, or that new evidence has come to light making a previously approved case deniable,
This could be on the basis of factors such as the applicant having a criminal conviction or previous violations of US immigration laws, among others.
What does a NOID mean for your application?
Whether you are awaiting a decision on a visa petition, work permit, adjustment of status, a NOID effectively means that your petition has been reviewed by a USCIS officer who considers your application should not be approved. It is not however a formal denial in itself.
The NOID issued to give notice of USCIS’s concerns and reasoning for the intended denial and to provide the applicant a chance to remedy the issue(s).
The purpose of the NOID is share insight with the applicant into the decision-making rationale behind their petition, so as ultimately to dissuade applicants from pursuing appeals or further legal motions in respect of the application at hand.
However, the applicant will be invited to respond to the NOID by submitting a defense in response to the specific grounds for denial within a specified timeframe. Depending on the circumstances, for example, additional evidence may help to influence the outcome in favour of the applicant.
What to do if you’ve received a NOID?
NOIDs require immediate action to respond to each of the issues that have been raised as the basis for a potential denial of your petition. This will entail gathering and submitting comprehensive evidence in respect of each separate reason stated within the NOID.
Partial responses are typically not sufficient to sway the decision in you favour.
Generally, you will be given a period of 30 days to respond to USCIS.
The NOID will provide USCIS’s reasons for intended denial. This list will be critical insight into the adjudicator’s decision-making and should form the starting point for considering your options, including submitting a response to the NOID and ensuring any evidence you provide will be helpful to the adjudicator and influence the decision in your favour.
If you do not respond to the NOID with convincing evidence by the deadline, you will eventually receive a Notice of Action denying your application.
Denials after NOID
If your petition is denied after responding to the NOID, your options will vary depending on the type of visa you are applying for.
Taking professional advice will help you to understand your options, and follow any process you opt to pursue.
For example, you may be able to refile your application, make a legal motion to reopen your case, appeal to the Administrative Appeals Office (AAO) or consider alternative immigration options.
The denial notice will provide information about whether the decision may be appealed and where to file the appeal.
Note that refiling the petition will be only be an option if the rejection was on the basis of a minor error, and you will have to pay the filing fee(s) again.
How does NOID differ from RFE?
While both notices provide applicants with the opportunity to provide further information and evidence, there is a clear difference in the meaning behind a Request for Further Evidence (RFE) and NOID. An RFE should be interpreted as the adjudicator being unable to decide – ‘I need more information to make a decision either way’. A NOID however is a more fixed position, less favorable position for applicants – the adjudicator is saying they want to deny the case, why should we not?
Do you have a question about a NOID?
Having already invested in your application, receiving a NOID can be incredibly stressful for applicants, particularly where other plans are contingent on securing the immigration benefit.
Our specialist US immigration attorneys have extensive experience advising applicants on their options when facing a NOID.
This article does not constitute direct legal advice and is for informational purposes only.