A Notice of Intent to Deny (NOID) for I-485 (Application to Register Permanent Residence or Adjust Status)

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If you’ve received a Notice of Intent to Deny (NOID) on your I-485 green card application, it means USCIS has flagged serious issues with your case. But it’s not yet a denial. A NOID gives you an opportunity, typically 30 days, to respond with evidence, explanations, or legal arguments to address the concerns. We’ve helped many clients turn NOIDs around by submitting strategic, well supported responses. The key is acting quickly and understanding exactly what USCIS is questioning.

Why Are NOIDs for I-485 Becoming More Common?

Over the last few years, we’ve seen a sharp increase in NOIDs, especially in marriage based and humanitarian cases. USCIS now applies a much higher level of scrutiny to issues like immigration history, prior misstatements, or insufficient supporting documents. In some cases, USCIS issues a NOID due to something as simple as a missing I-693 medical exam, but in other cases, it could be due to inadmissibility grounds, criminal records, or suspected fraud.

Marriage based cases are particularly vulnerable to NOIDs when couples fail to submit strong evidence of a bona fide relationship, give inconsistent answers during the interview, or lack joint documentation. Employment based cases may face NOIDs over concerns about unauthorized work, gaps in visa status, or misrepresentation on past applications. USCIS also now regularly cross references visa history, public records, and internal databases, increasing the chances of a flag, even for honest mistakes.

Common Reasons for I-485 NOIDs

  • Inadmissibility Grounds (INA §212(a))
    Includes unlawful presence, criminal arrests, prior fraud, or health related concerns
  • Marriage-Based Concerns
    USCIS suspects a sham marriage, or finds conflicting testimony or weak documentation
  • Immigration Violations
    Past unauthorized work, unlawful entry, overstays, or status gaps
  • Missing or Incomplete Documents
    Medical exam (Form I-693), police clearance, or inconsistent biographical info
  • Security or Background Check Flags
    Name hits on security watchlists or unresolved background issues

How We Help Respond to a NOID

We approach each NOID by first identifying exactly what triggered it. Then we help our clients gather the necessary legal, personal, and documentary evidence to build a persuasive response. In marriage based cases, we often supplement the file with stronger joint evidence, affidavits, and a legal explanation of the relationship history. For inadmissibility related NOIDs, we submit waivers, legal briefs, or correction demands to challenge errors in the government’s records.

Our responses are custom tailored. USCIS doesn’t accept excuses. They want clear, organized, and well supported answers. We know what officers look for and how to respond to each category of concern effectively. In many cases, our legal intervention has made the difference between denial and approval.

Take Action Before It’s Too Late

If you’ve received a NOID, you are on the edge of a denial but you still have time to save your case. The 30 day deadline comes fast, and a weak or incomplete response can seal the denial. Let us help you prepare the strongest response possible. Call our office now at (305) 515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll review your NOID, assess your options, and help you fight to keep your green card application alive. We’ve handled hundreds of complex immigration cases and we’re ready to help you next.

How to overcome Section 212(a)(9)(B)

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​If you’ve been told that you’re inadmissible under INA Section 212(a)(9)(B) due to unlawful presence, you’re likely worried about the possibility of a 3 year or 10 year bar from returning to the United States. These bars apply when someone overstays their authorized period of stay and then departs the US which triggers long term consequences that affect your ability to obtain a visa or green card. But these situations can often be challenged or waived, depending on your circumstances. If you’re in this position, don’t assume you’re out of options. Many of our clients have successfully overcome this problem with the right legal strategy.

Why These Bars Are More Common and Sometimes Wrong

The 3 year bar applies to individuals who were unlawfully present for more than 180 days but less than one year, while the 10 year bar applies to those who were unlawfully present for one year or more. These penalties are triggered once you leave the US, and they can derail visa applications and family-based immigration cases. Unfortunately, we’ve seen many situations where USCIS or CBP made a mistake, showing someone overstayed when, in fact, they left on time or had legal status. In those cases, we’ve helped clients track down records, identify CBP errors, and correct the government’s mistake, allowing them to avoid a bar entirely.

Even when the unlawful presence is accurate, there are still legal remedies available. We frequently assist clients in applying for the I-601A Provisional Unlawful Presence Waiver, which allows them to request forgiveness before leaving the country for a visa interview. These waivers are discretionary and are granted based on a showing that refusal of admission would cause extreme hardship to a qualifying US citizen or permanent resident spouse or parent. It’s important to understand that this waiver only covers unlawful presence, so if there are other issues such as prior fraud, criminal convictions, or removal orders, additional waivers may be required.

How We Help Clients Overcome Unlawful Presence Bars

Whether you’re facing an incorrect inadmissibility finding or need to build a strong waiver case, we know how to help. We’ve worked with clients who were wrongly barred due to database errors and successfully challenged those determinations. For those who did accrue unlawful presence, we’ve guided them through the I-601A process, helping them gather the right documentation to prove hardship and ultimately secure approval. We understand how to spot problems before they cause a denial, and we’re here to help you avoid painful delays or permanent bars.

Talk to an Immigration Lawyer Before You Take the Next Step

If you’re facing a 3 year or 10 year bar under INA 212(a)(9)(B), don’t guess your way through it. Let us help you fix it the right way. Whether you’re inside or outside the US, we’ll help you understand your options, correct any errors in your record, and apply for a waiver if needed. Call our office today at (305) 515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll review your immigration history, develop a strategy, and fight to get you back on the path to legal status in the United States.

Green Card Interview Lawyer

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If your green card interview is coming up, or you’ve received a notice from USCIS, you may be feeling nervous or unsure about what to expect. The interview is a critical step in the adjustment of status process, and any mistake, whether in documents, answers, or past immigration history, can result in delays, a Request for Evidence (RFE), or even a denial. The good news is that with the right legal help, many of these issues can be identified and resolved ahead of time, increasing your chances of approval.

Why Green Card Interviews Can Be Risky

In recent years, USCIS has increased its scrutiny of adjustment of status applications, especially those based on marriage or prior visa history. Officers now look closely at every detail including past visa violations, inconsistent information, or prior entries to the US can all trigger concern. For marriage based interviews, couples can be separated and questioned individually, and even small contradictions can raise red flags.

We’ve seen an uptick in cases where interviews result in unexpected RFEs or Notices of Intent to Deny (NOIDs). Not because the applicant was ineligible, but because they weren’t properly prepared. In more complex cases involving prior immigration issues, criminal records, or multiple visa entries, applicants often benefit from having a lawyer present during the interview to clarify legal issues and ensure fair treatment.

How We Help Before, During, and After the Interview

We work with clients in all stages of the interview process. Before the interview, we review your application, check for red flags, and conduct mock interviews to prepare you and your spouse (if applicable). During the interview, we can attend with you to protect your rights, clarify misunderstandings, and present key evidence. After the interview, we help respond to RFEs, NOIDs, or denials whether through a motion to reopen, appeal, or strategic re-filing.

Let Us Help You Get It Right

Your green card interview can determine the outcome of your entire case. Don’t take the risk of going in unprepared. Call my office today at (305) 515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll help you understand what to expect and how to prepare for success. With the right strategy and support, you can move forward confidently toward permanent residence.

Deportation at the Border

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Can You Be Detained and Deported at the Border?

Yes, US Customs and Border Protection (CBP) officers at land border crossings have the authority to detain, question, and deport travelers attempting to enter the United States. If CBP officers believe you are inadmissible due to issues such as missing documents, prior immigration violations, or suspected fraud, they can cancel your visa, deny your entry, and even issue an expedited removal order Section 212(a)(7)(A)(i)(I) and Section 212(a)(7)(B), which can bar you from returning to the US for up to five years or more. In some cases, individuals are taken into detention and placed in formal removal proceedings.

However, a border deportation does not always mean your case is over. Many people who are turned away or deported can still challenge the decision or apply for legal waivers to return. Here are three cases where we successfully helped clients after they were deported at the border.

Case 1: Denied Entry for Suspected Unauthorized Work

An Indian IT consultant, traveling on an H1B visa, was stopped at the US-Canada border and accused of planning to work outside the scope of his visa. CBP officers denied his entry, canceled his H1B status, and told him he would need a different visa to return. We reviewed his case and prepared a legal brief clarifying his job duties, showing that his role was fully compliant with H1B regulations. After filing the necessary paperwork with the consulate, he was able to obtain a new H1B visa and return to work in the US.

Case 2: F1 Visa Holder Detained Due to OPT SEVIS Issues Caused by her University

The F1 visa holder’s university made a mistake with her SEVIS.  Instead of fixing it, they advised her to reenter the US through Mexico to resolve this issue.  She was detained at the border and her visa was cancelled.  Her family retained us and we worked with the detention officer for her release.  After she was released, we were able to work with the school and helped her obtain a new visa to return back to the US.

Case 3: Expedited Removal Due to Alleged Visa Fraud

An Asian visitor on a B2 visa was attempting to cross into the US from Mexico when CBP officers accused him of misrepresenting his travel plans. They suspected he intended to stay longer than allowed and issued an expedited removal order, banning him from re-entering for five years. We appealed the decision, proving that he had no intention of violating his visa. After months of advocacy, we won his case, and he was able to travel to the US again legally.

Have You Been Deported at the Border? Contact Us Today

If you have been turned away or deported at a U.S. land border, you may still have options. Waivers, and legal challenges can help reverse a wrongful deportation or allow you to re-enter in the future. Time is critical and acting quickly can improve your chances of success. Contact my office immediately at 305-515-0613 or info@messersmithlaw.com for a consultation. We have extensive experience helping individuals fight border deportations and regain their ability to enter the US.

How To Obtain A Visa After 214(b) Denial

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A 214(b) denial means the U.S. consular officer believes you did not sufficiently demonstrate eligibility for a nonimmigrant visa. Essentially that you do not intend to return to your home country after your visit. This is common for B1/B2 (tourist/business), F1 (student), J1 (exchange visitor), and other temporary visas. However, we have successfully helped many applicants secure visa approvals after a Section 214(b) denial.

These are the most common reasons for a denial under INA §214(b):

  • Weak Ties to Home Country
  • Poor or Inconsistent Interview Answers
  • Lack of Strong Purpose for Travel
  • Suspicion of Immigration Intent
  • Past Visa History or Red Flags

We have been able to overcome many 214(b) refusals. Here are some recent examples of our successful cases:

1. Student Visa (F1) – China

A student from China was denied an F1 visa because the consular officer was convinced she would not return home. She sought our help and we helped her gather strong evidence and prepared her for the visa interview and her F1 visa was approved.

2. B1/B2 Tourist Visa – India

An Indian national applied for a B1/B2 visa three times on his own which were all denied due to inconsistencies in his previous visa applications. After carefully reviewing all his previous visa applications, we were able to explain and clarify these inconsistencies and get visa visa approved

3. J1 Exchange Visitor – Norway

A research scholar whose J1 visa was denied due to “unclear program objectives” and weak home country ties asked us to step in and help with his visa application. We worked with his program sponsor to better describe the program objectives, clarified the issues with the Embassy, and provided strong supporting documents to support his second J1 visa and his J1 visa was approved.

4. Business Visa (B1) – Philippines

A corporate manager applied for a B1 visa to attend a US conference but was denied due to his vague answers and weak documentation. We were able to craft a convincing case and did mock interview to prepare him for the actual visa interview. He was well prepared with all of the documents and clear answers of his purpose and his business. As we expected, his B1 visa was approved.

5. Older Parent Visiting US Children – Pakistan

An elderly mother of a US green card holder was denied due to concerns she might overstay. Due to a miscommunication at the visa interview, the Consular officer believed that she was going to stay more than 6 months. We worked with the Embassy and the client to clear the doubts the Embassy had. We were able to convince the Embassy that the client will not overstay. The Embassy agreed with us and issued the visa. The client only stayed for three months and returned home on time.

Have You Been Denied a US Visa? Contact Us Today

If you have been denied a US visa, you still have options. Time is critical and acting quickly can improve your chances of success. Contact my office immediately at 305-515-0613 or info@messersmithlaw.com for a consultation. We have extensive experience helping individuals fight visa denials and regain their ability to enter the US.

H1B Visa Revoked by USCIS. What Are My Options?

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If your H1B visa has been revoked by USCIS, it’s crucial to understand the implications and the steps you can take to address the situation.

Reasons for H1B Visa Revocation

USCIS may revoke an H1B petition for various reasons, including:​

  • Violation of Visa Terms: Engaging in work outside the scope of your approved petition, such as working in a different role or location, can lead to revocation. ​
  • Employment Termination: If your employment ends, your employer is required to notify USCIS, leading to the withdrawal of the petition. ​
  • Employer Non-Compliance: If your employer fails to meet obligations like paying the required wage or maintaining proper working conditions, USCIS may revoke the petition.
  • Fraud or Misrepresentation: Providing false information or failing to disclose material facts in your petition can result in revocation. ​
  • Criminal Issues: Speeding tickets, shoplifting, DUI, DWI, misdemeanor can all result in H1B visa revocation.

Immediate Consequences

Upon revocation:​

  • Loss of H1B Status: Your legal status tied to the H1B ends immediately.​
  • 60-Day Grace Period: You have up to 60 days or until your I-94 expires (whichever is shorter) to take action, such as finding a new employer to sponsor you, changing your visa status, or preparing to leave the US. ​
  • Impact on Dependents: Dependents on H4 visas may also lose their status if you don’t maintain lawful status.

Steps to Take After Revocation

  1. Seek New Employment: If you find a new employer willing to sponsor you, they must file a new H1B petition. If filed within the grace period, you can begin working as soon as USCIS receives the petition. ​
  2. Change Visa Status: Consider switching to another nonimmigrant status, such as F1, H4 or B1/B2.

Have Your H1B Visa Been Revoked? Contact Us Today

If your H1B visa has been revoked, don’t panic. Time is critical and acting quickly can improve your chances of success. Contact my office immediately at 305-515-0613 or info@messersmithlaw.com for a consultation. We have extensive experience helping individuals fight H1B revocations and regain their legal status the US.

Notice to Alien Ordered Removed/Departure Verification

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What Is a Notice to Alien Ordered Removed/Departure Verification?

A Notice to Alien Ordered Removed/Departure Verification (Form I-296) is issued by US Immigration and Customs Enforcement (ICE) or US Customs and Border Protection (CBP) when a foreign national has been ordered removed from the United States. This document serves as official proof that a removal order has been executed, meaning the individual has been physically removed from the US or has departed voluntarily under an order of removal.

Receiving this notice can have serious immigration consequences, including:

  • Bars on Re-entry: Most removal orders carry a five, ten, or even a permanent bar on returning to the U.S.
  • Future Visa Denials: A removal record can make obtaining a visa or green card extremely difficult.
  • Complications for Waivers and Appeals: If not handled properly, the removal can impact future waiver applications and motions to reopen.

Why You Need an Immigration Attorney

If you have received a Notice to Alien Ordered Removed/Departure Verification (Form I-296) or were deported from the US, you may still have legal options. Depending on your situation, you may be able to:

  • Challenge an expedited removal order
  • Apply for a waiver to return to the U.S.

The key is acting quickly as delays can make it harder to fix your immigration status.

Call my office now at 305-515-0613 or email info@messersmithlaw.com for a consultation. We have successfully helped clients fight removal orders, obtain waivers, and regain entry to the US Let us help you navigate your immigration options today.

Overcoming INA 212(a)(9)(B): Waivers and Challenging Unlawful Presence Bars

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INA 212(a)(9)(B) imposes significant penalties on individuals who accrue unlawful presence in the United States and later seek admission. This provision establishes three and ten year bars for those who have been unlawfully present for more than 180 days or one year, respectively. While these bars can disrupt immigration plans, it is often possible to overcome them through waivers or by challenging the determination of unlawful presence.

For individuals facing a three or ten year bar under INA 212(a)(9)(B), waivers are available in certain circumstances. The most common waiver is for applicants who can demonstrate that their absence would cause extreme hardship to a qualifying relative, such as a US citizen or lawful permanent resident spouse or parent. Evidence of hardship may include financial, medical, or emotional challenges that the qualifying relative would face due to the separation. Waiver applications must be supported by compelling documentation and require careful legal preparation to succeed.

It may also be possible to challenge the determination of unlawful presence or the application of the bar itself. For example, not all time spent in the US without status counts as unlawful presence under the law. Certain periods may be exempt, such as time spent as a minor or while a timely application for adjustment of status was pending. Additionally, errors in calculating unlawful presence or misinterpreting the applicant’s immigration history may provide grounds for challenging the determination.

Navigating the complexities of INA 212(a)(9)(B) requires a thorough understanding of the law and a strategic approach to presenting your case. Whether you are seeking a waiver or disputing the determination of unlawful presence, experienced legal guidance can make all the difference. Contact my office today to discuss your case and explore your options for overcoming this ground of inadmissibility. Together, we can work toward securing your immigration goals.

If you or someone you know is affected by this provision, contact my office today. You can reach us at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

Visa Revoked Due to DUI – What Should I Do Now?

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If you’ve been notified that your visa was revoked because of a DUI arrest or conviction, you’re probably feeling overwhelmed and unsure about your immigration future. Whether you hold a B1/B2, F1, H1B, L1, J1, or other nonimmigrant visa, a DUI can trigger automatic visa revocation, often without a hearing or warning. The first thing to know is this: visa revocation does not always mean you are out of status, especially if you’re still in the US You may still have legal options to remain in valid status, reapply for a visa, or respond to consular requirements but time is critical.

Over the past several months, the US government has taken a much stricter approach to DUIs involving visa holders, especially after implementing the prudential visa revocation policy. Under this policy, the Department of State often revokes visas automatically upon notification of an arrest, regardless of the outcome of the case. That means even if you weren’t convicted, or if the charges were reduced, your visa could still be canceled. Many clients don’t find out until they try to reenter the US or receive an email from the consulate. In most cases, they are later required to submit court documents, undergo a medical exam, and apply for a new visa.

This has become more common with increased data sharing between law enforcement and immigration authorities, and particularly with certain US embassies applying extra scrutiny to DUI related cases. Students, professionals, and visitors have all been affected. Unfortunately, a single mistake, even a first offense, can now create serious immigration consequences. But we’ve helped many clients in this exact situation navigate the process, respond to consular demands, and secure new visas. The key is to handle it the right way, from the start.

If your visa has been revoked due to a DUI, don’t wait until your next trip or interview to find out what’s required. Call my office at (305) 515-0613 or email info@messersmithlaw.com to discuss your case. We can help you understand your options, collect the right documents, and protect your ability to live, study, or work in the US Let us guide you through this and get your status back on track.

Section 212(a)(7)(A)(i)(I) & 212(a)(7)(A)(i)(II) Successful Cases

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Section 212(a)(7)(A)(i)(I) & 212(a)(7)(A)(i)(II) of the Immigration and Nationality Act (INA) renders an immigrant inadmissible if, at the time of application for admission, they lack a valid, unexpired immigrant visa or other required entry documents.

This provision applies exclusively to intending immigrants. Nonimmigrants are subject to different documentation requirements under INA 212(a)(7)(B).

Under INA 212(k), the Department of Homeland Security (DHS) may, at its discretion, waive this ineligibility for an immigrant visa applicant who was unaware of their ineligibility and could not have reasonably detected it. Such waivers are typically granted in cases where the applicant had no prior knowledge of the documentation deficiency and had no means to ascertain it. ​

Successful Cases:

Case 1:

A client attempting to enter the United States to visit her boyfriend was denied entry by Customs and Border Protection (CBP), citing INA 212(a)(7)(A)(i)(I). Her B-2 tourist visa was subsequently revoked.  She reapplied for a B2 visa and was refused under INA 214(b). After consulting with us, we successfully assisted her in obtaining a new B-2 visa, enabling her to visit her boyfriend.

Case 2:

A client from the United Kingdom sought entry into the U.S. under the Visa Waiver Program but was denied by CBP, citing INA 212(a)(7)(A)(i)(I) and INA 212(a)(2)(D)(i), resulting in a five-year entry ban. CBP suspected her of engaging in prostitution without substantial evidence. We intervened by presenting a robust legal argument that clarified the misunderstanding. Consequently, CBP rescinded the charges, and she regained her eligibility to enter the United States.​

Case 3:

An H-1B visa holder was refused entry under INA 212(a)(7)(A)(i)(II) and INA 212(a)(6)(C)(i). The employer had changed the end client without informing him prior to his travel to the U.S., leading CBP to suspect fraud due to the end client change. We provided compelling evidence demonstrating the client’s lack of intent to deceive. This clarification led to a favorable resolution of his case.​

Need Help Removing 212(a)(7)(A)(i)(I) & 212(a)(7)(A)(i)(II) Charges? Contact Us Today

If you have been refused entry due to 212(a)(7)(A)(i)(I) or 212(a)(7)(A)(i)(II), you still have options. Whether you qualify for a legal challenge, a waiver, or a new visa we can help you overcome this problem and regain your immigration status. Call my office at (305) 515-0613 or email info@messersmithlaw.com to discuss your case. We can help you understand your options, collect the right documents, and protect your ability to live, study, or work in the US Let us guide you through this and get your status back on track.