If you’ve received a Notice of Intent to Deny (NOID) for your Form I-485 based on INA 245(c)(7), it’s essential to understand the reason behind it and what steps you need to take to protect your immigration status. This provision specifically impacts applicants who filed for adjustment of status through employment-based categories but did not maintain lawful nonimmigrant status at the time of filing.
What Is INA 245(c)(7) and Why Did I Receive a NOID?
Under INA 245(c)(7), applicants seeking to adjust status based on an employment-based immigrant petition must have maintained continuous lawful nonimmigrant status until filing the I-485. If USCIS finds you were out of status, even briefly, they may issue a NOID threatening to deny your green card application.
You may have received this NOID if:
- You overstayed your prior visa or fell out of status;
- You changed employers without authorization;
- There was a gap between your previous visa expiration and your new employment authorization; or
- You worked without proper authorization before filing the I-485.
Can I Fix a 245(c)(7) NOID? What Are My Options?
Receiving a 245(c)(7) Notice of Intent to Deny (NOID) can feel like the end of the road but it doesn’t have to be. Many applicants are denied simply because their response lacked the right legal arguments or supporting evidence. The good news is that with a strong, carefully crafted response, a 245(c)(7) NOID can often be overcome. Your options depend on the specific issue but the key is presenting strong legal arguments backed by solid documentation. With the right legal strategy we have successfully assisted many clients overcome 245(c)(7) denials.
How to Respond to a 245(c)(7) NOID
You typically have 30 days to respond to a NOID. Your response must address all the issues raised by USCIS with strong legal argument. A well-prepared response can convince USCIS to approve your case despite the initial finding.
We Help Clients Fight 245(c)(7) Denials and Win
Don’t let a NOID stop your path to a green card. Our firm has helped clients across the U.S. overcome I-485 NOIDs under INA 245(c)(7) by building strong legal responses that highlight eligibility, fix record errors, and demonstrate that clients meet the requirements under the law.
If you’ve received a Notice of Intent to Deny your I-485 under INA 245(c)(7), act fast. Contact our office at 305-515-0613 or info@messersmithlaw.com to schedule a consultation. We’ll evaluate your case and guide you through your best legal options.