Filing Form I-485, Application to Register Permanent Residence or Adjust Status, is one of the most important steps toward getting a US green card. But sometimes, instead of an approval, applicants receive a Notice of Intent to Deny (NOID). If you received an I-485 NOID, don’t panic. It’s not a denial yet, but it does mean USCIS has found serious issues with your case. Responding properly can make the difference between approval and denial.
Below are the most frequently asked questions about the I-485 NOID and how to handle it.
What Is an I-485 NOID?
An I-485 Notice of Intent to Deny is a letter from USCIS informing you that they plan to deny your green card application unless you can provide new evidence or legal arguments within a short timeframe (usually 30 days). Unlike a Request for Evidence (RFE), which means USCIS needs more information, a NOID means USCIS believes your case is not approvable as it stands.
Why Did I Receive a NOID on My I-485?
Common reasons for an I-485 NOID include:
- Alleged marriage fraud or insufficient proof of a bona fide marriage (for marriage-based green cards).
- Inadmissibility under INA §212, such as misrepresentation (212(a)(6)(C)(i)), unlawful presence (212(a)(9)(B)), or criminal grounds.
- Employment history or status violations, especially if you overstayed or worked without authorization.
- Public charge concerns, if USCIS believes you cannot support yourself financially.
- Discrepancies or misrepresentation in your application or prior immigration filings.
How Serious Is an I-485 NOID?
Very serious. A NOID means USCIS is preparing to deny your green card application. If you do not respond or if your response is weak your case will almost certainly be denied, and you may even be placed into removal proceedings.
How Long Do I Have to Respond?
Typically, USCIS gives you 30 days from the date of the NOID to respond. This is a strict deadline. If you miss it, your I-485 will likely be denied automatically.
What Should I Include in My Response?
A strong NOID response should include:
- Legal arguments citing immigration law, USCIS policy, and case precedents.
- Supporting documents.
- Explanations for discrepancies in your history or filings.
- Mitigating evidence if inadmissibility grounds apply.
Can I Win My Case After a NOID?
Yes. We assisted many applicants successfully overcome a NOID with the right legal strategy. In fact, some of our clients received approvals after we prepared comprehensive responses with evidence USCIS could not ignore.
Should I Hire a Lawyer for an I-485 NOID?
Absolutely. An I-485 NOID is one of the last opportunities to save your green card application. Immigration law is complex, and a poorly prepared response can close the door on your case. As an experienced immigration law firm, we can:
- Review USCIS’s allegations carefully.
- Identify weaknesses in their reasoning.
- Collect and organize persuasive evidence.
- Draft a legal brief tailored to your situation.
- Ensure your response is timely and complete.
Don’t Risk a Denial. Let Us Fight for Your Green Card
An I-485 Notice of Intent to Deny is not the end but it’s your final chance to save your green card application. If you’ve received a NOID, time is critical. Contact our office immediately at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We have successfully helped clients overcome NOIDs and secure their green cards, and we can help you too.