If you received a NOID (Notice of Intent to Deny) or a NOIR (Notice of Intent to Revoke) from USCIS, the clock is already running. This page explains what NOID and NOIR mean, why USCIS issues them, and how to build an organized response that addresses every point USCIS raised.
NOID and NOIR from USCIS: Notice of Intent to Deny vs Notice of Intent to Revoke
Avoid Immigration Denials
Notice of Intent to Deny (NOID) / Notice of Intent to Revoke (NOIR)
Notice of Intent to Deny (NOID) / Notice of Intent to Revoke (NOIR) Details
A notice of intent to deny or NOID is a formal statement from USCIS that it has determined that the applicant is ineligible for the immigrant benefit requested. However, the USCIS will grant the applicant an opportunity to overcome this determination and demonstrate that he or she is eligible.
A notice of intent to revoke or NOIR is a formal statement from USCIS that is has determined that a previously approved application was approved in error or that the applicant was never qualified to the immigration benefit, typically due to alleged fraud or misrepresentation by the applicant. USCIS will grant the applicant an opportunity to respond to the NOIR to defend the revocation.
Does receiving a NOID or NOIR mean the application will be denied?
Not necessarily. A NOID or NOIR means USCIS believes there is a problem and is giving a final opportunity to respond. A strong response can lead to approval or prevent revocation, but outcomes depend on the facts, the evidence, and whether eligibility is established under the applicable legal standard.
How much time is given to respond to the NOID / NOIR?
USCIS sets the response deadline in the NOID/NOIR notice. Always follow the due date listed on your notice. In many cases the response period is short (often around 30 days), so it is important to start immediately and work backward from the deadline.
After the response is filed, when will the USCIS issue a decision?
Timing varies by case type, workload, and whether USCIS needs additional review. Some cases move quickly after a response is submitted, while others take longer. The most important steps are submitting a complete response by the deadline and keeping proof of delivery and a full copy of what you filed.
NOID vs NOIR (the differences that matter)
- A NOID (Notice of Intent to Deny) is issued before USCIS denies a case. It means USCIS intends to deny unless you overcome specific reasons listed in the notice.
- A NOIR (Notice of Intent to Revoke) is issued after USCIS has already approved a petition or benefit and is considering revoking that approval unless you overcome the concerns raised.
- A NOID response usually focuses on proving eligibility that USCIS believes was not established (missing elements, insufficient evidence, inconsistencies, or credibility concerns).
- A NOIR response usually focuses on defending the prior approval and showing why revocation is not warranted, including correcting misunderstandings and rebutting adverse or new information.
- In both NOID and NOIR cases, the best responses are point-by-point, evidence-driven, and organized around the legal standard and the specific allegations USCIS cites.
Frequently asked questions about NOID and NOIR
What is a NOID from USCIS?
A NOID is a Notice of Intent to Deny. It means USCIS believes your case should be denied unless you overcome the specific reasons listed in the notice. A NOID is not a denial yet, but it is often a final opportunity to respond with evidence and legal argument.
What is a NOIR from USCIS?
A NOIR is a Notice of Intent to Revoke. It means USCIS intends to revoke a prior approval unless you overcome the concerns raised in the notice. A NOIR is not the final decision yet, but it is serious and requires a careful, organized response by the stated deadline.
How is a NOID different from a NOIR?
A NOID happens before a denial, while a NOIR happens after an approval when USCIS is considering revoking that approval. NOID responses usually focus on proving eligibility that USCIS believes was not established. NOIR responses usually focus on defending the prior approval and rebutting adverse or new information.
How long do I have to respond to a NOID or NOIR?
The deadline is listed on your notice and response periods can be short. Start immediately, work backward from the due date, and plan for delivery time. Keep proof of delivery and a complete copy of everything you submit.
What happens if I do not respond to a NOID or NOIR?
If you do not respond by the deadline, USCIS can decide the case based on the existing record. That commonly results in denial (NOID context) or revocation (NOIR context). Missing the deadline is one of the most avoidable reasons cases are lost.
What should a strong NOID/NOIR response include?
A strong response is point-by-point and evidence-driven. It typically includes a clear timeline, primary documents that directly prove eligibility, explanations that address any inconsistencies, and an organized exhibit packet with a table of contents and index that tracks each issue USCIS raised.
USCIS Memo Relating to NOID
| Date | Title | Details |
|---|---|---|
| June 3, 2013 | Requests for Evidence and Notices of Intent to Deny | The purpose of this policy memorandum is to clarify the role of Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) in the adjudication of petitions, applications, and other requests. |
