When applying for immigration benefits, most applicants are familiar with Requests for Evidence (RFEs). However, a Notice of Intent to Deny (NOID) is far more serious. While an RFE asks for more documentation, a NOID indicates that U.S. Citizenship and Immigration Services (USCIS) plans to deny the application unless compelling new evidence is provided.
For applicants in Chicago and nearby areas such as Arlington Heights, Aurora, Champaign, Naperville, Schaumburg, understanding the difference between an RFE and a NOID, and knowing how to respond effectively, can make the difference between approval and denial.
Why NOIDs Are More Serious Than RFEs
An RFE suggests that USCIS needs additional information to make a decision, but it does not necessarily mean the officer doubts the applicant’s eligibility. In contrast, a NOID communicates that USCIS has already reviewed the file and found it insufficient. It is essentially a warning that the application will be denied unless significant deficiencies are addressed.
This makes a NOID not just a request, but a last opportunity to salvage the petition.
Common Reasons Applicants Receive a NOID
NOIDs can arise in many types of immigration cases, from marriage-based green cards to employment-based visas.
Some of the most common reasons include:
- Doubts about the authenticity of a marriage in family-based petitions.
- Inconsistencies or contradictions in prior immigration filings.
- Insufficient evidence of extraordinary ability in EB-1A cases.
- Failure to prove financial support in affidavit of support filings.
- Concerns about fraud, misrepresentation, or inadmissibility.
Because a NOID signals that USCIS already leans toward denial, addressing these issues requires a far more strategic approach than an RFE response.
How to Respond Strategically to a NOID
A strong NOID response requires more than sending additional documents. Our attorney analyzes the NOID carefully, identifies the weaknesses USCIS highlighted, and builds a targeted, persuasive response.
This may include:
- Supplemental Evidence – Providing updated financial records, affidavits, or professional evaluations to fill gaps.
- Legal Briefs – Explaining how the evidence satisfies USCIS standards, with references to immigration law and precedent decisions.
- Expert Opinions – Utilizing specialists in medicine, business, science, or domestic violence to provide context for the applicant’s evidence.
- Clarifications – Correcting errors, inconsistencies, or misunderstandings in the original application.
By combining fresh evidence with clear legal arguments, attorneys can often turn a NOID into an approval.
Why Legal Guidance is Critical When Responding to a NOID
Responding to a NOID without legal guidance is risky. The timeline is short, the stakes are high, and the arguments must be precise. For applicants in Chicago and surrounding Illinois communities, working with our experienced immigration attorney ensures that the response is well-structured, comprehensive, and persuasive. Our attorney’s involvement signals to USCIS that the applicant takes the process seriously and has the legal support needed to resolve complex concerns.
At Kasturi Law, we have extensive experience helping clients throughout Chicago, Arlington Heights, Aurora, Champaign, Naperville, and Schaumburg overcome NOIDs by building strong, evidence-driven responses. Whether you prefer to meet in our office, discuss your case over the phone, or connect through Zoom, we make the process as accessible as possible. You can even schedule a consultation directly through our online calendar, choosing between a 30-minute or 60-minute session.
Don’t wait—contact us today to take decisive action on your case.
