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Immigration Services Notice Of Intent To Deny Versus Notice Of Intent To Revoke

Updated on
January 22, 2021
Article written by
Attorney Kevin O'Flaherty

This article will discuss the difference between a Notice of Intent To Deny (NOID) and a Notice of Intent to Revoke (NOIR) and what you should do if you receive one. We will answer the following questions:


  • What is a Notice Of Intent To Deny?
  • What is a Notice Of Intent To Revoke?
  • Why would USCIS deny or revoke a petition?
  • What should you do if you receive a Notice of Intent To Deny or Revoke?


Immigration to the United States is never guaranteed. There are well over 150 different types of visa applications available to those looking to immigrate. However, most are out of reach for the average person due to qualification requirements. Hiring an experienced immigration attorney can decrease your chances of being denied. But what should you, or you and your attorney do when you receive notification that your application has failed? The next step you take will depend on the reason listed by the USCIS.


What Is A Notice Of Intent To Deny?


A Notice Of Intent To Deny sent from the United States Citizen and Immigration Services means that the evidence included with your application is inadequate, and the application will be denied unless additional information is provided. The evaluating USCIS officer has decided that the information you provided with your application does not satisfy the requirements for qualification under the specified visa or petition program.


A Notice Of Intent To Deny is not an official denial of your application. The notice serves to inform the applicant that the information provided is incomplete, and more is needed before the evaluating officer can make a final decision. Usually, the notice will include a description of what is required. If the required information is submitted, and the evaluating officer feels it's sufficient, she will approve your application. However, even if you submit the appropriate material, there is no guarantee that USCIS will accept your application.


What Is A Notice Of Intent To Revoke?


A Notice Of Intent to Revoke is a communication from USCIS detailing that a previously approved immigration petition is being canceled. A NOIR letter is often sent before the immigration process has been finalized. It indicates that the USCIS evaluator in charge of a given immigration application has found something new and negative about the applicant. If you receive a NOIR, it will describe the revocation reasons and list a deadline for a response. 


Like a Notice Of Intent To Deny, a Notice Of Intent To Revoke is not a guaranteed or automatic denial of your application, but it certainly complicates the situation. Perhaps the best way to avoid receiving one of these notices is to hire an experienced and knowledgeable immigration attorney.


Why Would USCIS Deny Or Revoke A Petition?


The list of reasons why USCIS might deny or revoke an immigration application is lengthy. Receiving a Notice Of Intent To Revoke is considered more detrimental than an Intent To Deny because it means the government found something specific they don't like. However, if you receive one of these notices, don't assume all is lost. Often, the government is missing a general piece of information or is going off speculation and wants reassurance. Some common explanations for denial or revocation include:


  • Your application contained incorrect information;
  • The government suspects you are trying to commit marriage fraud or other fraud;
  • The is a problem with the beneficiary that is sponsoring you;
  • Your beneficiary died;
  • Your terms of employment have changed, creating inconsistencies in your work-based application


What Should You Do If You Receive A Notice Of Intent To Deny Or Revoke?


You usually have 30 days to respond to a Notice Of Intent To Deny or Revoke. As soon as possible, you should take the notice and speak with your immigration attorney. If you don't already have an immigration attorney, you will need to find one immediately. You should also gather any additional documents and evidence that support your immigration application. The attorney will help you fill any holes in your application and find proof to overturn your revocation. 


You may have to wait a while before you receive a response from the government. Even if you and your attorney believe that the information you've provided is sufficient to get your application accepted, it may still ultimately be denied. If an agent denies your immigration application, you can file an appeal or file an entirely new application. Your immigration attorney can advise you on the best option for your situation.

 


Immigration Services Notice Of Intent To Deny Versus Notice Of Intent To Revoke
Author

Attorney Kevin O'Flaherty

Kevin O’Flaherty is a graduate of the University of Iowa and Chicago-Kent College of Law. He has experience in litigation, estate planning, bankruptcy, real estate, and comprehensive business representation.

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