NOID

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.

I-485 NOID Successful Case: Overcoming Challenges of Unauthorized Employment

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Our client, holding an H1B visa status, faced a significant challenge with a pending I-485 application. He received a Notice of Intent to Deny (NOID) due to unauthorized employment when he applied for OPT. During this period, he was associated with AZ Technology LLC and had submitted a resume indicating his employment with them. USCIS suspected fraud and misrepresentation in this case and also hinted at the potential revocation of his approved I-140.

The client was partially at fault, as he remained with AZ Technology LLC for some time after discovering the company’s fraudulent activities. This added complexity to the case, as he did not immediately leave the employer due to the lack of an alternative job.

Despite these challenges, we developed a strategic legal response to the NOID. Our approach successfully addressed USCIS’s concerns, leading to the approval of the I-485 application.

If you are facing a similar situation and need assistance, please contact us at 305-515-0613 or info@messersmithlaw.com. We’re here to help.

How to Handle an RFE or NOID

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What is an RFE?

A Request for Evidence or RFE is a second chance to get your case approved by USCIS.  If USCIS determines that the initial application did not contain all required initial evidence or that the evidence submitted does not demonstrate eligibility, an RFE will be issued asking the applicant or petitioner to submit additional documentation.  In some instances an application or petition will be denied without requesting additional evidence but this is extremely rare.   In other cases where USCIS is predisposed to denying an application or petition, it will issue a Notice of Intent to Deny (NOID).  In most cases USCIS will allow 87 days to prepare and file a response to an RFE.

What is a NOID?

A Notice of Intent to Deny or NOID is much harsher than an RFE.  An NOID is issued after USCIS reviewed an application or petition and either 1. believes there is no basis to approve the case or 2. USCIS has other negative evidence, that it may or may not share with the applicant or petitioner, that may render the applicant ineligible.  In most cases USCIS will allow 30 days to prepare and file a response to an NOID.

Why Did USCIS issue an RFE or NOID?

The reasons for the RFE or NOID will depend on the type of application or petition submitted.  For example, if the request relates to an 1-129 petition such as an H1B, USCIS may question whether the position is truly a specialty position or whether or not there is a true employer-employee relationship between the petitioner and beneficiary.  If the request related to an I-140 petition such as an EB1 or NIW, USCIS may question whether the beneficiary’s educational credentials qualify as an advanced degree or if the beneficiary’s professional accomplishments meet the minimum requirements for the petition.

What Should I Do if I Get an RFE or NOID?

First of all, just because you received an RFE or NOID doesn’t mean that you or your attorney did anything wrong.  Your application or petition may have been prepared thoroughly and the adjudicating officer did not review everything or misapplied the laws or regulations.  Getting an RFE or NOID can be an opportunity to reintroduced already submitted documentation and giving them greater emphasis to ensure the adjudicating officer understands their importance.

How Should I Respond to an RFE or NOID?

Most RFEs or NOIDs are complicated and require a certain expertise to handle.  You should be mindful of the the response deadline and understand that your response to their inquiry is likely the last chance you will have to get your case approved unless you are interested in going through the long and difficult appeals process.  Strategy is key in handling your response and we have been handling RFE and NOID responses for almost 20 years.  A well documented, convincing and thoroughly prepared application is the only way to win in either situation.  We have won many difficult cases.  If you would like our expert help, please feel free to email your RFE or NOID to info@messersmithlaw.com or call us at 305 515 0613.   We look forward to winning your case for you.

Notice of Intent to Revoke H1B Visa

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Hi, I was previously your client. You got my first H1B approved and then I had another firm apply for my current H1B. I recently got a notice of intent to revoke my H1B and I’m started to freak out! I last entered on an H1B that expires in a month and my I94 is now expired. Can you fix this for me?

Yes, we can absolutely help you. We can respond to the NOID with USCIS and take you to CBP and have them issue a new I94 for you. While there will be risks involved, I feel we have a very good chance of getting you through this.

NOID for Marriage Green Card

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I received an Notice of Intention to Deny for my marriage green card case. The main reason is that we live apart. The officer wants to see more proof of our relationship. We have photos and phone bill to prove that we’re contacting each other and spend time together. Do you think that it’s sufficient? What is your advice on this? Have you handled such case before?

In order to get a marriage green card case approved, you must be able to show that there is a bona fide relationship. One of the primary aspects of a marital relationship is cohabitation. While we have successfully helped people in your situation before, it may not be easy depending on your circumstances. Contact our office to discuss your case in greater detail.

Notice of Intent to Deny (NOID) Received in an EB1 Extraordinary Ability Petition

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Thank you for providing this service. I have filed an EB1 application through another law firm and have received a notice of intent to deny NOID. I have about 40 publications, 200 citations and 15 patents and review manuscripts for 5 international journals. I thought I had a good case but now I am not so sure. Is it possible to change their opinion of me and get my green card approved?

First, let me state that USCIS is making all types of applications more difficult. That being said, there is no reason why your EB1 case should be denied. Your stated qualifications are greater than the majority of our EB1 clients and we can very likely get your case quickly approved. There are many reasons that could explain why you received a NOID. It could be that your qualifications were not presented well to the USCIS officer. It could be that your recommendation letters were poorly written or not from appropriate persons. It could also be that the USCIS officer made an error and/or is not familiar with the regulations or law. You should be aware that the USCIS allows 30 days to respond to a NOID, so you will have to act quickly to have your response filed. If you would like our assistance, please contact my office as soon as possible to avoid missing your response deadline.

Texas Service Center Operations

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In a recent question and answer session, the Texas Service Center (TSC) has made some revelations regarding how they process certain immigrant and nonimmigrant petitions.

  • Motion to Reopen; Motion to Reconsider; Appeals

When filing a motion to reopen or reconsider, the officer who originally made the decision to deny the underlying case will decide the motion.  If the offier decides to deny the motion, the decision will be reviewed by a supervisor.  Where an appeal is made, the TSC will not reopen or reconsider where the Service believes it made a correct decision but will forward the appeal to the AAO.

  • Petition Denials without RFE or NOID

When an officer decides to deny a petition without sending a request for evidence or notice of intent to deny, that offier’s decision must reviewed by two supervisors before the denial notice will be issued.

  • Notice to Appear Issuance upon I-485 Denial

Generally, the TSC will wait 30 days after issuing an I-485 denial before dispatching a notice to appear (NTA).  This 30 day period provides the Applicant with an opportunity to appeal the denial before being sent to removal proceedings.