![]() ![]() If an applicant doesn’t reply to a NOID, the application will be denied. Extensions of time to respond are not typically permitted for NOIDs (or RFEs).Īdditionally, the consequences of not sending a response are more extreme for a NOID than for an RFE. Note that it is up to the USCIS officer’s discretion to grant the maximum response time (thirty days) or a shorter period when issuing the NOID, although it is rarely less than thirty days. In comparison, the maximum response time for a Request for Evidence (RFE) is eight-four days (or eighty-seven days if the RFE is served by mail). The response to a NOID must be submitted within thirty days, which is not a lot of time considering the amount of additional evidence that may be required. You must respond to the NOID within thirty days For this reason, it is incredibly important to read the NOID thoroughly, so that the applicant fully understands USCIS’s perceived deficiencies in their case and responds accordingly.ģ. In these situations, USCIS sends the NOID to warn the applicant that their case is going to be denied, unless sufficient evidence is submitted in response to the NOID. ![]() NOIDs can at times be successfully rebutted by providing additional evidence not originally submitted as well as legal arguments explaining why the applicant qualifies for the immigration benefit sought and why the case should not be denied.Īs mentioned, NOIDs are issued in cases where USCIS believes that the applicant does not qualify for the requested immigration benefit or has uncovered new evidence that suggests an initial application was approved in error. Therefore, receiving the NOID can be a good thing-it’s a chance to fight back. The NOID allows the applicant a chance to change the adjudicator’s mind or to answer any new questions that may have arisen with a previously approved case. While NOIDs are issued in cases where the USCIS officer has determined that the petition is not approvable, or that new evidence has come to light making a previously approved case deniable, this doesn’t mean that the NOID cannot be overcome. Don’t panic! A NOID doesn’t necessarily mean that your case will be denied While we have addressed RFEs in the past, now we turn our attention to the NOID.ġ. The reader may be thinking that this sounds just like a Request for Evidence (RFE) but the main difference is that in the context of the NOID the Service is saying, “We want to deny this case, tell us why we shouldn’t,” while in the RFE the Service says, “Hmm, I’m not so convinced, do you have anything else to convince me?” It is subtle but it can make a huge difference in how the response is prepared. A NOID should clearly state the reason for the proposed denial to give the petitioner sufficient information to prepare a response. ![]() The NOID gives the petitioner notice of the concerns of USCIS and provides an opportunity to respond. The Service therefore issues the NOID to provide the applicant a chance to remedy the insufficiency. USCIS’s determination of ineligibility may result from insufficient evidence (i.e., little or no evidence submitted), a failure to establish that the applicant warrants a favorable exercise of discretion, a discovery of new evidence not available to the adjudicator at the time of initial approval or another reason relating to the specifics of a case. A Notice of Intent to Deny, commonly referred to as a NOID, is issued by US Citizenship and Immigration Services (USCIS) after a preliminary decision to deny the applicant’s case (e.g., visa petition, work permit, adjustment of status, etc.) due to a perceived ineligibility. What’s a NOID? No, we’re not talking about the 1980s Domino’s pizza character that was created to advertise the Domino’s promise to deliver in thirty minutes or less. ![]()
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