January 12, 2023 | Connie Kaplan, Esq.

Denial Notice And Notice Of Intent To Deny

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What to expect and what to do when you receive a Denial Notice or a Notice of Intent to Deny in response to your USCIS application

At the end of your application process with USCIS, you will be notified about whether your VISA, Green Card or Citizenship was granted – or not. When USCIS denies your application, they will send you a denial notice. This document contains information explaining why your petition was denied, and any further repercussions to your current immigration status. In some cases, you may be able to appeal USCIS’ decision. However, you must act quickly and in a legally appropriate manner.

In other instances, you will receive a Notice of Intent to Deny or NOID, in which further evidence is requested for your application not to be denied. Rather than an outright denial, USCIS is granting you a specific timeframe in which you may reframe your case appropriately. You may want to do so with the help of an attorney with previous experience in this field.

We provide here a quick sample list of the different Denial Notices and NOIDs a person can receive depending on the application type, how it affects the individual in question beyond the VISA/Green Card/Adjustment of Status denial, and what legal action you may pursue to appeal the decision and defend your application.

I-30 NOID USCIS – Redacted

  • You have not established that your marriage was entered into in good faith.
  • You and the beneficiary have entered into your marriage for the primary purpose of circumventing the immigration laws of the United States.
  • You have failed to provide sufficient evidence to meet the burden of proof that your marriage was entered in good faith.

I-30 Petition Denial – Redacted

  • You have not met your burden of proof in demonstrating the bona fide nature of your marriage to the beneficiary by preponderance of the evidence. Therefore, USCIS denies your Form I-130.

I-485 Denial – Redacted

  • USCIS denied the visa petition filed on your behalf.
  • You have provided no evidence to indicate you are immediately entitled to an immigration visa on any other basis.
  • You are not qualified to adjust status.

I-485 Denial after K1 and lack of income

  • After reviewing the evidence, USCIS has concluded that you are not eligible to adjust status because you failed to submit:
    • A properly completed and signed Form I-864, Affidavit of Support
    • The latest edition date and a copy of the petitioning sponsor’s Federal income tax return for the most recent tax year with all supporting tax documents
  • You have not established that you are eligible for adjustment under INA 245

I-485 Denial after VAWA – Redacted

  • The evidence supporting the application was insufficient to establish your adjustment at the time you filed the application with a due date of February 12, 2021.
  • Because you did not provide all the evidence requested in the RFE, USCIS considers your application abandoned.
  • You have not established that you are eligible for adjustment under INA 245. Therefore, USCIS must deny your Form I-485.

I-485 Denial Notice – Redacted

  • USCIS denied the visa petition filed on your behalf. You have provided no evidence to indicate you are immediately entitled to an immigrant visa on any other basis.
  • You are not qualified to adjust status, and USCIS denies your form I-485.
  • See INA 24(a)(3)
  • You are not authorized to remain in the United States.
  • If you fail to depart the United States within 33 days of the days of this letter
  • You may not appeal this decision; you may file a motion to reopen or a motion to reconsider. Within 30 days of the date of this decision.

I-751 Denial – Redacted

  • In your case, USCIS has determined that you are eligible for adjustment of status. However, USCIS has also determined that your case presents significant adverse factors which show that discretion should not be exercised in your favor.
  • Your testimony and the evidence you submitted have failed to establish by a preponderance of the evidence, that at the time you and your spouse entered into marriage, you did so to establish a life together, and that the marriage was entered into in good faith.
  • USCIS has concluded that you have failed to establish that your marriage was not entered into solely for the purpose of circumventing the immigration laws of the United States.
  • The permanent residence status previously accorded to you is hereby terminated as of the date of this notice.
  • All rights and privileges which you derived from that status, including the right to reside and work in the United States, are terminated concurrently.

I-75 Joint then Waiver – Denied and termination of CR status

  • USCIS has concluded that you have failed to establish that your marriage was not entered into solely for the purpose of circumventing the immigration laws of the United States.
  • You are not entitled to the benefits provided under § 216(c) of the Immigration and Nationality Act, and your form I-751, Petition to Remove Conditions on Residence, is hereby denied.
  • The permanent resident status previously accorded to you is hereby terminated as of the date of this notice.

N-400 Denial Notice – Redacted

  • You have disrupted the continuity of your residence.
  • You are ineligible for naturalization at this time since you have not demonstrated that you met the continuous residency requirement for naturalization.If you believe that you can overcome the grounds for this denial, you may submit a request for a hearing on Form N-336. Within 30 calendar days of service of this decision.

NOID – I-130 – Redacted

  • You failed to provide sufficient evidence to establish the bona fides of your marital relationship.
  • The burden of proof to establish the bona fides f this marriage falls upon the petitioner. Although some documentation was presented to the Service to support your claim, very little evidence that this marriage was not entered to circumvent the immigration laws of the United States has been provided.
  • The discrepancies, which were encountered at the interview, strongly suggest that you and the beneficiary have entered into a marriage for the purpose of circumventing the immigration laws of the United States.
  • On the basis of the discrepancies listed above, and the lack of persuasive material evidence, it is concluded that you have not established that your marriage was not entered into for the primary purpose of circumventing the immigration laws of the United States.
  • You will be allowed thirty (30) days from the receipt of this notice to respond in writing.

NOID on 485 – Redacted

  • You are hereby given thirty (30) days from the date of this letter to inspect the evidence in this case and offer written evidence in rebuttal.

Termination of CR status for Fraud

  • Officers performed visits on all known addresses on record.
  • As a result of all these site visits, you failed to convince the Service of your good faith marriage.
  • It appears that this marriage is fraudulent and that you willfully misrepresented a material fact by not informing USCIS of their actual abode or current joint address.
  • Following these events, case review, site visit, interviews and system checks, the investigation concluded that the evidence undercovered is sufficient to support a finding of fraud and misrepresentation, and that you have failed to meet your burden to show your marriage was entered in good faith.
  • Based upon the evidence submitted and the testimony given during your interview, it has been determined that you have failed to establish that you entered into the marriage in good faith and that it appears that you entered this marriage for purposes of procuring your admission as an immigrant.
  • The Permanent residence status provided previously accorded is hereby terminated.
  • All rights and privileges which you derived from that status, including the right to reside and work in the United States, are terminated concurrently.
  • You may request review of this determination in deportation proceedings,
  • If you so choose, you may be represented in such proceedings, at no expense to the government, by an attorney or other individual authorized and qualified to represent persons before the Citizenship and Immigration Services.
  • Such counsel may assist you in the preparation for your request for review and hearing, and may examine the evidence upon which determination is based.
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