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If you have received a Notice of Intent to Deny (NOID), you are likely feeling stressed and overwhelmed. Thankfully, a NOID is not an official denial of your immigration petition, and there are still some options available to you.
The experienced immigration attorney at Kasturi Law LLC can help you respond to a NOID immediately. With our help, you will be able to collect the evidence you need and submit an appropriate response.
What Is a Notice of Intent To Deny
Receiving a NOID from U.S. Citizenship and Immigration Services (USCIS) means that the officer overseeing your immigration petition does not believe you are eligible for the service you requested. Typically, people receive NOIDs when they make application errors or fail to provide the necessary evidence.
NOIDs are sent to petitioners to make them aware of issues with their application. Reasons you may be sent a NOID include:
- Lack of documentation and evidence
- The provided information is inconsistent
- Your application is incomplete
- There are errors in the application
- There were inconsistencies during the interviews
- Public records showing a history of misrepresentation or fraud
What Can You Do if You Received a NOID?
If you have received a NOID, you must respond within the 30-day time frame. It will take time to review your application and collect the additional evidence you need, so you will want to start working on your response as soon as possible. If USCIS does not receive your Notice of Intent to Deny response in 30 days, your immigration petition will be denied.
It is best to make a copy of your NOID shortly after you receive it. Since you will need to submit your NOID along with your response, you would want to take precautions to make sure you do not lose the document. A copy will also allow you to reference your NOID and confirm that you have everything you need.
From there, you should work to gather the requested evidence. Your response should address all of the issues outlined in the NOID. Ideally, you should send USCIS a response letter and documents verifying your eligibility. There are no restrictions on the types of documents that you can submit, and it is generally best to provide as much evidence as possible.
Your response must be sent to USCIS by the specified deadline. If there is evidence you have been unable to collect in that period, like a birth or marriage certificate, you should submit your response without all the necessary evidence. In your response letter, you should explain why any missing evidence has not been provided. You can also provide a letter from the government agency issuing the document explaining it unavailability (if that is factually indeed the case.) Keep in mind that you have to make every effort to get all the requested information otherwise, risk a denial.
Naperville Immigration Attorneys Can Help You
Immigration law is complex and finding the evidence you need for your NOID response is not always easy. That is why it is best to work with a Naperville, IL, immigration attorney with extensive experience with NOIDs. Your lawyer will be able to provide you with valuable advice and guidance throughout this process.
When you work with a lawyer, you can ask questions and get more information on the evidence needed to address USCIS’s concerns. Your lawyer will be able to help you source the required documentation as quickly as possible. Since some documentation may have to be sourced from third parties, time is of the essence.
While collecting evidence is essential, the response letter is also crucial. Your attorney can create an effective cover letter explaining the new evidence submitted and outlining revisions made to documents. This can increase your chances of a successful response.
If your immigration petition is denied, an immigration attorney can help you find other options. You may be able to appeal the decision, reopen the case, or pursue other immigration options. No matter what you choose to do, you will have support throughout this process.
If you have received a Notice of Intent to Deny, reach out to Kasturi Law LLC as soon as possible. We can answer your questions and help you to submit a proper response to your notice within USCIS’s provided time frame. Call us at 630-392-8101 to schedule a free consultation with an immigration lawyer.