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If you have received a Notice of Intent to Deny, or a NOID, it is because the U.S. Citizenship and Immigration Services (USCIS) plans to reject your request for an immigration benefit. The notice usually explains the grounds for denial and states that the denial will go into effect within a certain period of time.
The individuals receiving the notices are given the opportunity to respond before that deadline. While it is usually a negative thing to be told you are being denied for something you want, a NOID can be very helpful because it gives you advance notice of the denial and gives you a chance to take certain steps to try and get the decision changed. For example, it may be necessary to send the USCIS proof that the grounds for your denial are based in incorrect information.
The best thing to do after receiving a Notice of Intent to Deny is to immediately contact an immigration lawyer to help you compile your appeal. Catherine R. Henin-Clark can help you identify any possible errors made by USCIS and quickly address those issues. Without the help of a qualified lawyer, it can be difficult to know what kind of evidence you need to send USCIS in order to make a compelling argument against your denial.
According to the USCIS’ 2013 policy update on Notices of Intent to Deny, there are a number of different circumstances that may lead to a NOID being sent. One example is when the USCIS, in its decision process, uncovers derogatory information about the applicant that the individual might not even know about. Another example is when no evidence or too little evidence has been submitted with the application for the immigration benefit.
If you have received a NOID, then you are undoubtedly on a tight deadline. This means that you will have to take action quickly if you want a fair chance of avoiding denial. Please contact us to speak with a knowledgeable immigration attorney who can guide you in the right direction. Catherine Henin-Clark is board-certified in immigration law and has over two decades of experience.