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You’ve gone through the rigorous and meticulous process of filing an immigration application, only to receive a Notice of Intent to Deny (NOID) from the U.S. Citizenship and Immigration Services (USCIS). A wave of uncertainty and confusion washes over you. You are left wondering, “What is a NOID?” and “Should I hire an immigration lawyer to respond?” This article is here to help you navigate these choppy waters, and how Kasturi Law, LLC, a respected law firm based in Naperville, can provide valuable assistance.

Why Would I Receive a USCIS NOID?

Firstly, it’s important to reiterate that a USCIS Notice of Intent to Deny (NOID) is a formal letter indicating that USCIS is planning to deny your immigration application. But why might you receive a NOID? There are several reasons:

  1. Insufficient or Incomplete Evidence: The most common reason for receiving a NOID is that your application lacks the necessary evidence or documentation. USCIS requires very specific types of documents to process an immigration application. If you haven’t provided all the necessary information or the evidence provided is insufficient to establish eligibility, USCIS might issue a NOID.
  2. Adverse Information: If USCIS finds any adverse information against you during the processing of your application, it could issue a NOID. This information could be related to your criminal history, immigration violations, or any other activities that USCIS considers grounds for denial. The agency is required by law to provide you an opportunity to rebut this information before it can deny your application.
  3. Ineligibility for the Immigration Benefit: Another reason why USCIS might issue a NOID is if you’re found ineligible for the immigration benefit you’re seeking. Each immigration category has specific eligibility criteria, and if you fail to meet these, you may receive a NOID.
  4. Fraud or Misrepresentation: USCIS could also issue a NOID if there’s suspicion or evidence of fraud or misrepresentation in your application. This could be due to discrepancies in the information provided in your application or during your immigration interview.

Note that a NOID is not a denial but a warning. It’s an opportunity for you to correct the issues flagged by USCIS, and ideally, this is where an immigration attorney can step in to provide vital assistance.

Difference Between a Request for Evidence and a NOID

When dealing with USCIS, you may encounter both a Request for Evidence (RFE) and a NOID. It’s essential to distinguish between the two. An RFE is issued when the USCIS officer needs more evidence to make a decision, whereas a NOID is issued when the officer is leaning towards denying the application based on the evidence at hand.

How Should I Handle a Notice of Intent to Deny?

Receiving a Notice of Intent to Deny (NOID) from USCIS can undoubtedly cause anxiety, but it’s critical to remember that it’s not a denial, but a warning and an opportunity to clarify and correct your case. Here’s how to handle a NOID:

  1. Carefully Review the NOID: Begin by carefully reading the NOID. It should outline the specific reasons why USCIS intends to deny your application. Each NOID is different, so understanding the issues in your particular case is crucial to formulating an effective response.
  2. Compile a Response: Once you’ve fully understood the NOID, start gathering relevant information to address each point raised. The response should clearly demonstrate how you meet the eligibility requirements or dispute any unfavorable information USCIS may have found.
  3. Consult with an Immigration Attorney: Handling a NOID can be a complex task, particularly if you’re unfamiliar with immigration law. An immigration attorney can offer invaluable help by reviewing your case, advising you on the best strategy, and assisting in compiling a persuasive response. They’ll know exactly what kind of evidence will be most effective in addressing the issues USCIS has raised.
  4. Write a Detailed Letter: When responding, it’s advisable to write a detailed letter addressing every point raised in the NOID. This is your opportunity to tell your side of the story and explain any discrepancies or misunderstandings. Be sure to back up your points with any supporting evidence you have gathered.
  5. Submit Your Response on Time: Finally, ensure that your response is sent within the timeframe specified in the NOID, which is typically 30 days. Failing to respond in time could lead to the denial of your application.

Remember, when facing a NOID, time is of the essence. Do not hesitate to call Kasturi Law, LLC, and let our immigration attorney in Naperville help you assertively respond to a USCIS NOID.