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Notice of Intent to Deny (NOID) – Notice of Intent to Revoke (NOIR)

Notice of Intent to Deny (NOID) - Notice of Intent to Revoke (NOIR)

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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?

Absolutely not.  A well crafted response that addresses each specific point made by the USCIS will result in the application being approved or remaining valid.

How much time is given to respond to the NOID / NOIR?

The USCIS will typically grant a maximum of 30 days to respond.

After the response is filed, when will the USCIS issue a decision?

Typically the decision will come quickly after the response is filed but it will depend on the complexity of the NOID / NOIR and the normal processing time line for the type of filing.  It can be as little as one week but is normally concluded in less than three months.

USCIS Memo Relating to NOID

DateTitleDetails
June 3, 2013Requests for Evidence and Notices of Intent to DenyThe 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.

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