Question: I am applying for a marriage green card. What should I do if I receive a Notice of Intent to Deny (NOID)?

Answer: A NOID means USCIS intends to deny your application but is giving you one last opportunity to respond. You should determine the problem in your application, prepare a response as soon as possible, and submit it before the deadline. If your response resolves USCIS’s concerns, your application might still be approved.

What is a Notice of Intent to Deny (NOID)? 

A NOID is a notice that indicates the United States Citizenship and Immigration Services (USCIS) intends to deny an immigration petition. Typically, USCIS issues a NOID because USCIS has determined that your application is deficient or you do not satisfy the requirements of your application. When USCIS issues a NOID, the applicant typically has 30 days to respond to the notice.

Is a Notice of Intent to Deny an Official Immigration Denial? 

A NOID is not an official denial of a green card or other immigration petition. Rather, it is a notice that informs you that USCIS intends to deny your application, but you have an opportunity to remedy the defects in your application. If you submit additional information or evidence within the timeframe listed in the NOID, USCIS will review your response before making a final decision. However, if you fail to respond by the deadline, USCIS will deny your application.

Why Will USCIS Issue a Notice of Intent to Deny (NOID)?

Certain relatives of a U.S. citizen or permanent resident who are present in the U.S. can apply to adjust status and receive a green card. During the application process, the petitioner and beneficiary must prove that the parties have a qualifying relationship and the beneficiary is otherwise eligible to adjust status. The parties may prove this through the submission of documents. However, when an applicant fails to provide a required documenta or is otherwise ineligible to adjust status, USCIS might issue a NOID. Below are examples of circumstances under which USCIS might issue a NOID: 

• If an applicant fails to provide a required document, USCIS will first send the applicant a Request for Evidence (RFE) that requires him or her to submit the document within a stated time frame (typically 90 days). If the applicant fails to timely provide the requested document, USCIS will then issue a NOID.

• If the information provided by an applicant indicates that he or she is ineligible to adjust status (for example, if the beneficiary has been convicted of certain crimes), USCIS will issue a NOID.

• If the USCIS officer who conducts the green card interview concludes that the beneficiary is ineligible to adjust status, USCIS will issue  NOID.

What Should I Do if I Receive a NOID?

As noted above, a NOID is not a denial. Therefore, if you receive a NOID, you should take the following steps:  

• Contact a immigration attorney to review your NOID. You must do this quickly, as USCIS typically gives a person who receives a NOID only 30 days to respond to the notice.  

• Review the NOID with your immigration attorney to ensure that you fully understand the reasons for the potential denial. 

• Work with your immigration attorney to address the issues detailed in your NOID.

• Respond to the NOID by the deadline listed in the notice.