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How to Respond to Notice of Intent to Deny from USCIS

Posted on October 25, 2023 in

From time to time, an increase in the issuance of Notices of Intent to Deny (NOID) occurs in family petition cases, which can be disheartening and frightening. But there is hope, and these petitions can be approved when the appropriate work goes into submitting a thoughtfully prepared and thorough response. It is each person’s right to marry who they want, though marrying a US citizen does not always guarantee permanent resident status. Understanding why a NOID was issued is imperative to overcome an unfavorable ruling.

In family petition cases where the validity of a marriage is questioned by the United States Citizenship and Immigration Services (USCIS), compelling evidence must exist to support the validity of the marriage as a legitimate legal union instead of a relationship only for the sake of changing the immigration status of someone. Working through complex immigration issues in Texas can be challenging, but it is possible with a timely and focused response.

Time is a Factor, and Prevention is Key

Stressful situations can cause a lack of focus and forgetfulness. In ordinary circumstances, it’s easy to misplace things. A NOID has a short response time, and any delay in responding can be detrimental to the approval of a petition. If you or a loved one receives a NOID, be proactive by making copies of the NOID to have as backup to prevent detrimental consequences from delays in the outcome of a case.

A response time will be given, and though this time has fluctuated due to allowances caused by the COVID-19 pandemic, 30 days is the average response time. Should the NOID be lost or misplaced, having a copy on hand allows for a response within the allotted time, allowing for successful submission. Additionally, a NOID should be attached to the submitted response package, and failing to follow these instructions can be impactful.

Identify and Gather Documentation

The reason a NOID has been issued and any requested documentation should be listed in the response letter from USCIS. Sometimes, the requested documents may have already been submitted but overlooked.

  • Review previously submitted forms
  • Gather the requested documentation for submission
  • Clarify and address any inconsistencies pointed out in the NOID
  • Submit an organized response letter

Keeping a copy of the documentation, if applicable, in the packet for a green card through marriage in Texas allows you to review for clerical errors quickly. Working with an experienced immigration attorney in Houston can help you prepare petitions effectively and respond proactively to setbacks, such as a NOID.

Submit a Response

After ensuring copies are made of your package, organize it logically and mail it to the appropriate address using a mailing method that allows the packet to be tracked. Paying for expedited delivery should be considered when deadlines loom to prevent an application or petition denial. A response to any application is often slow, and we understand the angst this prolonged process can produce and are ready to exhaust any options to overcome a NOID.

Supportive Assistance in Houston with Notice of Intent to Deny

The immigration system is daunting and challenging to navigate effectively. Not knowing where to turn is understandable, and the Houston Immigration Lawyers at the Law Office of David A. Breston have been providing unwavering support to individuals for decades. A free consultation will allow us to begin the collaborative process to address immigration status and remove the barriers that stand in the way whenever possible.