A notice of intent to deny, also known as NOID, is just what it sounds like. The U.S. Citizenship and Immigration Services (USCIS) sends these notices when they intend to deny your immigration application. If you have received a NOID, it is important that you do not panic. A NOID is not an official denial of your immigration application and there are steps you can take to get your case back on track. Our Chicago immigration lawyer explains how to respond to a NOID below.
You can respond to a NOID but you must do so within 30 days. The deadline is very strict and if you do not respond in a timely manner, you may have fewer options. You should respond to any NOID as quickly as possible.
You should review the reasons USCIS has given for any potential denial. This will provide you with some insight about why the agency has come to this decision. Reviewing the list will also provide a starting point so you know how to respond. For example, if you did not include a required birth certificate with your application, you can include one in your response.
You must specifically respond to every issue listed in the NOID. If you respond to one or two issues but not the others, it is considered a partial response. Partial responses are generally not enough to change an immigration officer’s decision to deny your application.
There is no such thing as too much documentation when responding to a NOID. The USCIS does not place a limit on the number of documents you can submit. As long as the documents are relevant, submit any evidence the USCIS has asked for or that strengthens your case.
In some cases, you are not required to obtain new documentation but you do have to update documents you have previously submitted. For example, if you have applied for an E-2 investor visa, you may have to modify certain areas of your business plan, such as forecasting or budgeting.
A cover letter can clarify the contents of your response. You can confirm that you have included new documents or have made changes to existing documentation. A cover letter will make it very clear to the USCIS what the response entails and whether they should review their decision.
Receiving a NOID is very scary and you may imagine that this is the end of your immigration application. Fortunately, it is not. At Sverdloff Law Group, our Chicago immigration lawyer can help prepare your response and if you are still denied, advise on whether you should appeal the decision or reapply. Call us now at 312-238-9090 or contact us online to schedule a consultation with our skilled attorney and to learn more about how we can help.