Notice of intent to deny. How to Show Eligibility After a NOID —


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Usually, the USCIS issues a Notice of Intent to Deny because an applicant wasn’t able to prove eligibility through the already submitted documents.

If this is the situation you have found yourself in, I can:

  1. Review your immigration file
  2. Identify the missing evidence
  3. Help you organize the supporting documentation
  4. File the documents along with a persuasive legal memorandum

Once a response is filed, the USCIS will make a final decision on your case anytime as soon as one week to three months, depending on the complexity of your situation.

Sometimes, an immigration petition is denied because of a mistake on the part of the USCIS.

https://www.uscis.gov/forms/questions-and-answers-appeals-and-motions

Although a NOID is the most serious scenario in any Visa petition, it will not necessarily result in a denial.

Properly addressing all the issues that the USCIS contests and presenting supporting documents, is an excellent way of avoiding a denial, or to build the record for later appealing the case.

An immigration or Federal Court appeal will only be decided on the basis of the evidence presented to the USCIS, and new evidence is almost never admissible.

https://www.uscis.gov/forms/questions-and-answers-appeals-and-motions

 


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