Notice of Intent to Deny
Avoiding a Green Card or Visa Denial
A Notice of Intent To Deny (NOID) is a formal communication from the USCIS that informs a Visa or Green Card applicant that the petition will be denied, usually for a serious ground. The NOID is basically the last chance for convincing the USCIS that the petition should not be denied. The USCIS generally allows 30 days for responding to a Notice of Intent to Deny.
A NOID can be issued for both non-immigrant and immigrant petitions. Most of the times, the USCIS issues a NOID when the petition completely fails to prove eligibility for the benefit requested, or in cases involving fraud or misrepresentation.
In a Green Card petition filed for the spouse of a U.S. Citizen, the USCIS issues a Notice Of Intent to Deny when the evidence points to a potential case of marriage fraud.
Although a NOID is the most serious scenario in any Visa petition, it will not necessarily result in a denial. Properly addressing all the issues that the USCIS contests and presenting supporting documents, is an excellent way of avoiding a denial, or to build the record for later appealing the case. An immigration or Federal Court appeal will only be decided on the basis of the evidence presented to the USCIS, and new evidence is almost never admissible.
Speak to an Immigration Lawyer
As a New York Immigration Attorney, I have experience assisting clients that received a Notice of Intent to Deny. In the vast majority of these cases, the client was either not represented, or was represented by another attorney.
In family-based immigrant petitions, the consequences of a finding of marriage fraud are very serious. An immigrant that was denied a Green Card with a charge of marriage fraud will be automatically ineligible to receive a Green Card based on any future marriage, no matter if it can be proven without a doubt that it is a real marriage.
Therefore, fighting a NOID based on marriage fraud charges is extremely important. Once the case is denied, it might be extremely difficult – if not impossible – to reopen it and prove that the marriage was not fraudulent.
Call a New York Immigration Lawyer
if you received a Notice of Intent to Deny from the USCIS