What is a Notice of Intent to Deny?

A Notice of Intent to Deny (NOID) is a notice from the U.S. Citizenship and Immigration Services (USCIS) informing the applicant that the government intends to deny an application, petition or request, but is allowing the applicant to provide a response within THIRTY (30) days. For example, if someone submits an I-130, Petition for Alien Relative, but it appears that s/he is not legally divorced from a prior spouse, USCIS will issue a NOID.

The most common NOIDs will state the following:

• USCIS intends to deny the Beneficiary’s adjustment of status application due to a lack of bona fide marriage evidence.
• USCIS intends to deny the Beneficiary’s adjustment of status application due to a lack of a joint sponsor.
• USCIS intends to deny the Beneficiary’s adjustment of status application due to a lack of proof that the Beneficiary and Petitioner cohabitated.
• It appears that the purpose for your marriage was to circumvent immigration laws and obtain immigration benefits. A marriage entered into for the purpose of circumventing the immigration laws, referred to as a fraudulent marriage, or “sham” marriage, is not to be recognized as enabling the alien spouse to derive benefits.
• USCIS intends to deny the Applicant’s adjustment of status application based on the government’s contention that the Applicant is inadmissible to the United States under section 212(a)(6)(C)(i) of the INA.
• The Service has concluded that the Certificate of Divorce is a suspect document to support the bona fides of the relationship.
• USCIS has determined that the documents are suspect and fraudulent, and are not valid for immigration purposes.
• Pursuant to 8 C.F.R. 204.2(a)(2)(B), a Petitioner must submit evidence of a claimed relationship with the immigrant petition for a spouse beneficiary. Accordingly, the types of documents which may establish that the prior marriage was not entered into for the purpose of evading the immigration laws include, but are not limited to:
  1. Documentation showing joint ownership of property;
  2. A lease showing joint tenancy of a common residence;
  3. Documentation showing commingling of financial resources;
  4. Birth certificate(s) of child(ren) born to the petitioner and prior spouse;
  5. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the prior marital relationship. (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit; his or her relationship, if any, to the petitioner, beneficiary or prior spouse; and complete information and details explaining how the person acquired his or her knowledge of the prior marriage. The affiant may be required to testify before an immigration officer about the information contained in the affidavit. Affidavits should be supported, if possible, by one or more types of documentary evidence listed in this paragraph); or
  6. Any other documentation which is relevant to establish that the prior marriage was not entered into in order to evade the immigration laws of the United States.

On July 13, 2018, USCIS released a Policy Memorandum (PM) that gives USCIS adjudicators the discretion (option) to deny an application, petition, or request without first issuing a RFE or Notice of Intent to Deny (NOID) if the initial evidence is not submitted or if the evidence I the record does not establish eligibility.

The PM is very problematic. For example, prior to the PM, applications, petitions, or requests that required more evidence would be issued an RFE or simply be rejected. Now, USCIS can deny applications, petitions, or requests. Upon denial, USCIS may contact and refer the cases to Immigration and Customs and Enforcement (ICE) for deportation/removal proceedings.

Individuals that are out of status, inside the U.S. without authorization, or filing an application late, may find themselves in deportation/removal proceedings.

For more information on Notice of Intent to Deny (NOID), a consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today.

The Law Office of David Nguyen, PC has successfully handled hundreds of immigration petitions and/or applications – and can assist you with your immigration needs.