Receiving a notice from the immigration office can either be a happy or stressful situation. If you got some bad news about your application, you might worry that there will not be any options going forward. Knowing what you can do to keep your application going allows you to plan ahead and take another step toward your goal.
Responding to the NOID
A Notice of Intent to Deny, commonly called a NOID, informs you that the U.S. Citizenship and Immigration Services (USCIS) is going to deny your application or petition unless your response resolves the concerns in the letter. Those concerns may involve missing evidence, conflicting information or a legal requirement that the office believes you have not met. Your response should address each concern separately and include documents or explanations that support your eligibility.
The notice usually gives you up to 30 days to respond, and agency does not grant any extensions. If you do not respond, the office may summarily deny your application for abandonment or decide the case on the existing record.
Pursuing an administrative appeal
If USCIS denies your case after reviewing your response, you may be able to file an administrative appeal. The final notice should state whether you may appeal and where to file.
For most appeals to the Administrative Appeals Office, you file Form I-290B, Notice of Appeal or Motion, within 30 calendar days of the date USCIS serves the decision. The period is generally 33 calendar days when USCIS mails the decision, and the filing fee is $800 in most cases. Some decisions cannot be appealed, including most denials of applications to adjust status.
Filing a new application
After a denial, you may be able to submit a new application or petition instead of challenging the decision. You must pay another filing fee and start the process again, so refiling may make sense when you can correct the problem that led to the denial.
USCIS keeps your earlier filing and may compare it with the new submission. Your new filing should address the prior denial and explain any differences, since unexplained inconsistencies can raise credibility concerns in later cases.
