Hi, everyone. In this video, I'd like to discuss with you something called a NOID or a
Notice of Intent to Deny. If you are going through the immigration process, it's really important
to know what a NOID is, how to avoid it, and what to do if you receive one. That's what I'll
be discussing in this video today. Before I dive into that topic, I'd like to quickly introduce
myself and our firm. I'm Attorney Megan Pastrana from Corado-Pastrana, the immigration firm for
couples. If you haven't already subscribed to our YouTube channel, please do so now. We regularly post
updates on our channel so you can have up-to-date information about what's going on in the world of
immigration. Also important information that you'll need along your immigration journey.
We also have a Facebook group, the link is below. It's called Immigration
for Couples. You'll be able to obtain additional support in that Facebook group
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Let's talk about Notice of Intent to Deny or NOIDs as they're commonly referred to.
NOIDS or Notices of Intent to Deny is when immigration
or an officer determines that they don't have enough information to give an approval on your case but
they also don't have enough to necessarily deny it. And that they're needing more information.
A Notice of Intent to Deny is something that is definitely serious. You can think of it
as more serious than a Request for Evidence. We have a separate video on our YouTube
channel about Requests for Evidence or an RFE. The Notice of Intent to Deny (NOID)
is more serious than an RFE because the immigration officer is basically saying
that he or she has looked at your application and the documentation. There isn't enough
information or evidence there to approve it but also not enough to deny it.
Since we represent couples in the immigration process, I'll
speak specifically to an example as it relates to couples. A common NOID that would
happen in a couples-based immigration case would be an adjustment of status.
That is the process that happens here in the United States
where the couple has to go to an immigration office and they are interviewed by an
immigration officer who asks them questions about their relationship and reviews the file to decide
whether or not that immigration officer believes that the
couple has a bona fide intent to have a marriage and a future together.
That it's a relationship based on love and not receiving an immigration benefit. What can happen is at
that interview the officer could decide after reviewing the application and speaking
with the couple that there are contradictions or there's not enough evidence of the relationship.
That officer can decide that they are intending to deny the application but they're
going to give that couple one last opportunity to show that their relationship is real.
What would happen is immigration would send a letter to the immigrant, to that couple
to let them know we are sending you a notice of intent to deny. We plan on denying your application
but we're giving you an opportunity to show us that you have a real relationship based on love.
With NOIDs, we know that that's extremely scary. The immigration process is long and
stressful. To receive a notice like that can take your breath away. It is scary and so the first
thing to do: take a deep breath. Just know that it's a Notice of Intent to Deny. It's something
to take serious but it's not a final decision. You still have a chance to win your case. You still
have a chance to successfully make it through the process but definitely something to take serious.
That Notice of Intent to Deny will give you a deadline. They give you 30 days which we
know that's even more stress if you're receiving a notice like that. That short deadline is always
tricky but they'll give you 30 days to submit additional evidence. To clarify any contradictions
in the application and to prove this last time, your last opportunity, that you have a real
relationship. Because this is such a serious notice to receive from immigration and because the
officers are wanting you to prove something, it's always a good idea to have an attorney assist you
with this process. You're thinking, "Of course I'm going to say that. I'm an immigration attorney."
But I am an immigration attorney and I definitely want to make sure that you get the
help that you need. That's why I'm saying that because we've seen all too often where couples
don't get the help that they need with that process and that's a huge risk to take.
A huge gamble. It's your future to not get assistance with that process. An immigration attorney can
help you to determine what things in your application, what evidence was strong, what
areas are weak, and form a strategy for how to respond to that and help you have your best
shot at showing immigration that you do have a real relationship and that your application
should be approved. The number one takeaway is know that it's something to take serious but
you still have a chance to save your case and it's really important to get assistance
in making sure that you're properly responding to that. If you submit your Notice of Intent to Deny
what can happen next. Not if. You need to respond to your Notice of Intent
to Deny in a timely manner. But what can happen next is that immigration will respond. They can
sometimes respond quickly within a matter of a few weeks or a few months or it might take them
a long time to make their final decision. There's no set timeline for you to get a response
but know that what will happen next is immigration is going to make their final decision.
They're either going to say, "Thank you for submitting this additional evidence. We have
determined that you have submitted enough evidence and that you do have a real relationship. So we can
approve your application." That would be the ideal scenario. The other thing
that can happen is that immigration will decide, "No. There's not enough evidence and we are
denying your application." We really hope that doesn't happen but we want you to know if it does,
take a deep breath. Don't panic. You should get assistance right away. There are ways that
you can still appeal that decision. There are still opportunities to prove your case. It becomes more
difficult if you actually get a denial on your case but know that there are
steps that can be taken. Next, cases that have been denied by immigration. There is a policy that says
individuals who receive denials in their immigration case can be sent to
immigration court. If you receive a final denial, we hope that that doesn't happen. But if you do,
know that you need to seek legal assistance immediately to determine the options
for appealing your case. Possibly refiling your case and also to be prepared for
any kind of ramifications that might happen in terms of being sent to immigration court.
I know that that was a lot of information and that was extremely heavy to have to
go through all of that and if you're going through that process, if you received a NOID, please
don't hesitate to reach out to us. We'd be happy to help you navigate that and for couples who are
just starting out on their immigration journey, we provide all of this information not to scare you
but to make you aware of the importance of proving your relationship in your first application with
immigration. Making sure you're submitting enough evidence and giving yourself the strongest case
possible to avoid a NOID. We hope that you found that video to be helpful and that
gave you clarity about exactly what a NOID is and what to do. Thanks so much for watching. Take care.