Notice of Intent To Deny (NOIDs)
If you received a Notice of Intent to Deny (NOID) from the United States Citizenship and Immigration Field offices in Nashville, TN, you may be wondering what you should do next. This Notice of Intent to Deny means that the USCIS did not find your immigration application eligible for benefits.
The notice should list the reasons for the intent to deny based on your application. However, if you received one of these notices, you should know that getting a NOID does not mean denial yet. You have the chance to respond, but your response will likely be your last chance to convince the adjudicator at USCIS that you are eligible. At Colavecchio and Colavecchio Law Office, we can assist you with NOIDs or any other legal notice you have received.
Grounds for Notice of Intent To Deny
While the grounds for your specific denial appear within your NOID, it’s helpful for those applying for immigration benefits to know other grounds that could prevent eligibility:
- Either you or your spouse did not provide sufficient evidence of a relationship.
- Either you or your spouse failed to answer questions about the other during your interview.
- Either you or your spouse gave contradictory information during your interview.
- The administration found information online, in your house, or in public records that give a suspicion to your marriage’s validity.
- Either you or your spouse committed marriage fraud previously.
Every case is different when it comes to dealing with Notices of Intent to Deny. While some information may be enough for some couples, others may require more information to prove their marriage’s validity based on other factors.
Contesting Notice of Intent To Deny
When you receive a Notice of Intent to Deny, you will have an opportunity to respond with more information about your situation in hopes of satisfying the adjudicator. You might need to respond on behalf of your foreign spouse if you filed an I-130 application for them. However, if you filed together using forms I-130 and I-485, you and your spouse will submit the response together.
The adjudicator will look for more information to prove the validity of your relationship. So, you can provide information about shared accounts along with texts and photos that show the context of your relationship. You might also submit plans for fertility treatment from a doctor, affidavits from community leaders or employers, or any other rebuttals that you may have.
Overcoming a Notice of Intent To Deny
You must respond to your NOID within 30 days after delivery. After submitting your response to the NOID you received, the government may still take months to acknowledge your response. In this time, you can take the time to analyze other proof that you and your spouse may have that verifies your marriage.
It can be frustrating to wait all of that time only to receive a denial from the administration, but you still have options. If you received a denial, you can file for an appeal to your case, reapply for immigration benefits altogether, or file to reopen your existing case. No matter what path you take, know that you still have options after receiving a Notice of Intent, and Colavecchio and Colavecchio Law Office of Nashville, TN, is here to help.