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Responding to NOID and NOIT

The Torres Attorneys Dec. 19, 2021

When your hopes and dreams rest on legal status in the United States, it can be heartbreaking to receive a Notice of Intent to Deny (NOID) or a Notice of Intent to Terminate (NOIT) from U.S. Customs and Immigration Services (USCIS). Understand that they are not the final decision.

How you respond to a NOID or NOIT may breathe new life into your immigrant status. It can be a confusing process, which is why you will be well served by having a skilled immigration attorney working with you.

If you have received a NOID or NOIT, call The Torres Attorneys right away. We can help you respond to the notice and strive to put your dreams back on the right track. If you live in Corpus Christi, Dallas, or Fort Worth, Texas, call us to get started.

What Is a Notice of Intent to Deny (NOID)?

A Notice of Intent to Deny alerts you that the USCIS officer who is reviewing your visa application intends to deny your application based on something that makes you ineligible to apply for it. It represents an “intent” to deny, not to deny as a final decision. The NOID provides you with an opportunity to address the officer’s reasons for denial in an effort to have the application accepted.

Here are five important steps to take if you receive a NOID:

  1. Note the deadline for responding to the NOID. That date will not be extended.

  2. Make a list of all the issues raised by the USCIS officer which, if not addressed satisfactorily, will result in a denial of your visa application.

  3. Consult with a U.S. immigration attorney to discuss what you need to do to remedy the application.

  4. Address each issue raised in the NOID by providing additional documentation, evidence, or compelling reasons which can satisfy the reviewing officer.

  5. Submit the response and all supporting documents on time.

In your response, provide as much documentation as possible to support your application. In addition to providing evidence which addresses the officer’s concerns, update all other information on the application that has changed since you originally submitted it. Include a cover letter with your revised and updated application. The letter should point out all the additional documents you are providing as well as indicate what items you have updated.

What Is a Notice of Intent to Terminate (NOIT)?

If you have been granted asylum in the United States and receive a Notice of Intent to Terminate (NOIT), it may be because the USCIS officer reviewing your adjustment status determined that you were not eligible for asylum at the time it was granted, are no longer eligible for asylum, or you provided fraudulent information in your application.

The timing of your application may determine your eligibility. The requirements for those filing an asylum application on or after April 1, 1997, differ from those filed prior to April 1, 1997. If the officer has found evidence of fraud, however, the date of application does not matter.

If you receive a NOIT, here are five important steps to take:

  1. Note the deadline for responding to the NOIT, which should be at least 30 days.

  2. The NOIT will be accompanied by a Notice to Appear at a termination hearing, providing a date, time, and location.

  3. Make a list of the grounds for termination of your asylum application and the evidence included in the NOIT which the officer is using as grounds for termination.

  4. Consult with a U.S. immigration attorney about the evidence and rebuttal of the evidence in your response.

  5. Appear at the time, on the date, and at the location of the scheduled termination interview to present your case.

If your asylum status is terminated, your application for adjustment of status will be denied. You cannot appeal the adjustment of status denial; however, you can renew your application during the removal process to have it reassessed.

Immigration Experience You Can Trust

How you respond to a NOID or NOIT is crucial. Failure to provide the right information and on time will ensure that your visa or adjustment application is denied. The applications are not always easy to understand, particularly if English is not your first language. That is why you should have an experienced immigration attorney working for you.

If you received a NOID or NOIT do not wait. Reach out to The Torres Law Firm right away.