Avoid the NOID

If you are old enough you will catch the reference, the annoying character who tries to keep you from getting a hot pizza. In immigration law, the NOID is the annoying thing that prevents you from achieving immigration success. This blog will look at ways to not only avoid the NOID, but to succeed along the way.

In immigration law NOID is an acronym for Notice of Intent to Deny. It is a notice you receive from USCIS basically stating that they intend to deny your case unless you can provide evidence to overcome their presumption that the case should be denied. A NOID is different from an RFE. An RFE is a Request for Evidence. A Request for Evidence is generally a request for a specific document or documents, where as a NOID is generally more intense, and speaks to the eligibility of the individual to receive the requested benefit.

According to USCIS, "NOIDs should:

• Identify the reasons for the intended denial, including the eligibility requirement(s) that has not been established, and why the evidence submitted is insufficient;

• Explain the nature of the adverse information, if any.

• Identify any missing evidence specifically required by the applicable statute, regulation, or form instructions;

• Identify examples of other evidence that may be submitted to establish eligibility; and

• Request that evidence.

The NOID should also instruct the benefit requestor that a failure to respond may result in a denial and must clearly state the deadline for response."

So, you have received a NOID in your case, very often after an interview. What do you do? Note, that failure to respond will result in an automatic denial, and you only have 30 days to respond. It is essential to review the NOID immediately and begin preparing. If you have an attorney, schedule a call with him or her immediately upon receiving. If you do not have an attorney, I would consider setting a consultation with a good immigration attorney right away. Discuss your options and possibilities for responding.

Nobody wants to receive a NOID, so how do you avoid one in your case? The answer is preparing your case properly from the beginning. Ensure that the evidence you submit is complete and that the case is approvable. This means studying the instructions from USCIS and ensuring that the evidence you submit is exactly what they want and need. Better yet, have an experienced immigration attorney prepare your case for you. There are many nuances to immigration law, and there are many things you only learn through years of experience.

Conclusion: Unlike the NOID of old that will ruin your hot pizza, a NOID from USCIS has the potential to ruin your immigration journey. If you received a NOID, I would be happy to speak to you about it right away. Or better yet, if you want to avoid the dreaded NOID, give me a call before your start your case. I will guide you every step of the way to help you avoid the NOID.