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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

When filing an immigration case, one must be aware of the many potential mistakes that could lead to a Notice of Intent to Deny (NOID). This can lead to a delay in your case and causes applicants a large amount of unnecessary stress and anxiety.

This article will cover the facts on what a NOID is and the common reasons for receiving one. If you’re looking for help with your case, Kasturi Law LLC can.

What is a NOID?

A NOID is a formal notice from USCIS that states they are planning on denying an immigration case. The applicant can respond to the NOID with evidence or an explanation for why their case should not be denied.

A case may be denied for something as simple as a typographical error to failing to provide evidence of a required relationship. The applicant has the burden of proof to show they are eligible for the immigration benefit they seek.

It’s important to understand that a NOID is not a final decision on a case. Applicants who receive a NOID should not give up hope, as there are still options to resolve the issues and move forward with the case. Most notices of intent to deny allow applicants 30 days to respond.

How to Respond to a NOID?

If you have received a NOID, the first step is to read it carefully and identify the reasons for the denial. You will then need additional evidence or documentation to support your case.

Once you have gathered the required information, you must submit a written response to USCIS within the timeframe specified in the notice.

Your response must address each reason for denial listed in the NOID. Failure to do so may result in your case being denied. If you are unsure how to respond to a NOID, have legal assistance from an immigration lawyer in Naperville.

4 Common Reasons for Receiving a NOID

LACK OF REQUIRED DOCUMENTATION

One of the most common reasons for receiving a NOID is failing to provide the required documentation. When filing any immigration case, it is essential to submit all required documentation. This includes things like birth certificates, marriage certificates, and financial documents.

INCORRECT OR INCOMPLETE FORMS

Another common reason for receiving a NOID is submitting incorrect or incomplete forms. You must fill out all forms correctly and thoroughly before submitting them. Even something as small as a typo can lead to a NOID.

FAILURE TO MEET ELIGIBILITY REQUIREMENTS

Applicants may also receive a NOID if they fail to meet the eligibility requirements for the immigration benefit they seek. For example, applicants for a green card through marriage must show that their marriage is genuine and not just for immigration purposes.

FRAUD OR MISREPRESENTATION

Fraud or misrepresentation is another common reason for receiving a NOID. This can include providing false information on forms or lying to USCIS during an interview. Applicants who are found to have committed fraud or misrepresentation may be permanently ineligible for immigration benefits.

How an Immigration Attorney in Naperville Can Help

If you have received a NOID, the best thing you can do is to contact an experienced immigration attorney right away. An attorney can help you understand the notice and what options are available to you. The wait time after replying to the NOID can be long, so it is important to have a skilled immigration lawyer who can help you navigate the process and ensure your case is moving forward.

An immigration attorney will also be able to help you gather the evidence and documentation you need to respond to the NOID. They can also help you prepare for any interviews that may be required as part of your response. Contact Kasturi Law LLC today to get started on your case.