For many immigrants, obtaining a green card (lawful permanent residence) is a dream come true. But sometimes, USCIS may challenge that status by issuing a Notice of Intent to Rescind (NOIR) Permanent Resident Status. This notice means the government believes your green card was granted in error or obtained through fraud or misrepresentation.
If you’ve received a Notice of Intent to Rescind, it’s critical to act quickly. Failing to respond can result in the loss of your permanent resident status and in some cases, removal proceedings.
What Is a Notice of Intent to Rescind (NOIR)?
A Notice of Intent to Rescind Permanent Resident Status is a formal notification from USCIS stating its intention to cancel your green card. Unlike simple RFEs or NOIDs, a NOIR goes after a benefit you already hold.
Common reasons USCIS issues a NOIR include:
- Alleged fraud or misrepresentation Section INA 212(a)(6)(C)(i) in your original green card application.
- Marriage fraud or insufficient proof of a bona fide marriage.
- Discovery of criminal activity or ineligibility after approval.
- Errors by USCIS in adjudicating your case.
- Unlawful Immigration Status at Time of Filing (INA 245(c)(2)).
- Unauthorized Employment (INA 245(c)(2) and INA 245(c)(8)) .
What Happens If You Receive a NOIR?
When USCIS issues a NOIR, you will typically be given 30 days to respond. If you fail to respond or cannot overcome their concerns, USCIS may rescind your lawful permanent resident status.
Consequences may include:
- Loss of your green card.
- Being placed in removal (deportation) proceedings.
- Inability to apply for naturalization (citizenship).
- Future immigration complications, including inadmissibility.
How to Respond to a Notice of Intent to Rescind
Responding to a NOIR requires a strategic legal defense. Simply sending more documents is rarely enough you must directly rebut USCIS’s allegations with clear evidence and legal arguments.
Here’s how we strengthen responses for our clients:
- Analyze USCIS’s claims carefully – We identify the specific legal and factual issues in the NOIR.
- Gather targeted evidence – Depending on the specifics of the allegation
- Build a legal defense – We prepare a detailed attorney brief citing statutes, USCIS policy, and case law to show why rescission is not justified.
- Present a professional response – This will make it easy for USCIS to approve the case.
Success Stories
Success Story 1: OPT Employment & Findream Allegation
A permanent resident received a Notice of Intent to Rescind (NOIR) under INA §212(a)(6)(C)(i) because USCIS alleged misrepresentation in his OPT employment history with Findream. He came to us panicked, fearing deportation. We gathered strong evidence and demonstrated that he was a victim, not a fraudster. USCIS agreed and approved our response, allowing the client to keep his permanent resident status.
Success Story 2: Marriage-Based Green Card with Misrepresentation Claim
A client’s green card was at risk of rescission after USCIS alleged marriage fraud and misrepresentation under INA §212(a)(6)(C)(i). The couple had limited joint documents because of work related separation, leading USCIS to doubt the marriage. We gathered extensive evidence and our response proved the marriage was genuine. The NOIR was withdrawn, and the client’s permanent resident status remained intact.
Success Story 3: Employment Resume Misrepresentation
A skilled professional faced rescission of his green card when USCIS alleged he misrepresented his employment history on a résumé submitted during his immigrant petition process. We conducted a forensic review of his employment records and highlighted discrepancies that were clerical, not intentional. By showing there was no willful misrepresentation, USCIS approved the case, and the client maintained permanent residency.
Success Story 4: Visa Application Misstatement Abroad
A green card holder was accused of misrepresentation after consular officials claimed he failed to disclose a prior visa refusal when applying for permanent residency. He received a NOIR under INA §212(a)(6)(C)(i). The inconsistencies caused by translation errors. USCIS accepted our strong legal arguments, withdrew the rescission, and the client’s green card was preserved.
Success Story 5: Winning Against Dual Inadmissibility Allegations under INA §212(a)(6)(C)(i) and §212(a)(6)(E)
One of our clients faced serious inadmissibility findings under INA §212(a)(6)(C)(i) misrepresentation and INA §212(a)(6)(E) alien smuggling after USCIS alleged false statements in a prior visa application and on his Form I-485. His permanent resident status was at risk of rescission. While mounting a full legal defense against the allegations, we also prepared a Form I-601 waiver based on hardship to his U.S. citizen spouse, ensuring we had every avenue of protection ready. Ultimately, our comprehensive legal arguments convinced USCIS to approve the case outright without the waiver being needed. The rescission was avoided, the inadmissibility findings were overcome, and our client successfully kept his green card.
Success Story 6: INA §212(a)(3)(D) – Alleged Communist Party Membership
A green card holder received a Notice of Intent to Rescind after USCIS alleged he was inadmissible under INA §212(a)(3)(D) for past membership in the Communist Youth League. He had briefly joined during his teenage years in school, unaware of its political implications, and believed it was mandatory for students. USCIS considered this a ground for rescission. We prepared a detailed legal response explaining the involuntary nature of his membership, USCIS accepted our arguments and withdrew the rescission, allowing the client to keep his green card.
Success Story 7: INA §212(a)(3)(A) – Alleged Security Concerns
Another client faced rescission under INA §212(a)(3)(A) after USCIS raised “security concerns” based on a mistaken association with an organization later designated as a threat. In reality, the client had no ties to the group beyond attending a single cultural event years earlier. We carefully documented the nature of the event, provided evidence and highlighted that the statute targets actual threats, not incidental contact. Our legal brief argued that the allegations were unsupported and did not meet the burden of proof required for rescission. USCIS withdrew the allegations, and the client’s lawful permanent resident status was preserved.
FAQs About NOIR and Rescission
1. Can I lose my green card permanently after a NOIR?
Yes. If you don’t respond or USCIS is not convinced by your response, your permanent resident status can be rescinded.
2. Can I appeal a rescission?
Yes. If USCIS rescinds your status, you may fight the decision in immigration court.
3. How much time do I have to respond?
Typically 30 days from the date of the notice. Deadlines are strict.
4. Should I hire an attorney for a NOIR?
Absolutely. A NOIR is far more serious than an RFE or NOID. We can build a strong defense that preserves your green card and avoids deportation proceedings.
Secure Your Green Card. Contact Us Before It’s Too Late
A Notice of Intent to Rescind Permanent Resident Status (NOIR) is one of the most serious challenges a green card holder can face but it doesn’t have to be the end of your journey. With the right evidence, legal strategy, and experienced representation, many clients successfully defend their status and keep their green cards.
If you’ve received a NOIR, every day counts. Don’t risk delays or denials. Call us today at 305-515-0613 or email info@messersmithlaw.com for a confidential consultation. Our team will help you craft a powerful response and take immediate steps to protect your U.S. permanent residency.