In the last year, our office has worked directly with three couples and consulted with at least two more couples who received Notices of Intent to Deny (NOIDs) regarding their marriage-based petition. Prior to that, we’ve worked with several other couples by assisting with responses to NOIDs. In general, we are seeing USCIS issuing more Notices of Intent to Deny marriage-based petitions, particularly in cases that were filed 3-4 years ago and interviewed over one year ago. President Trump’s administration has introduced measures aimed at reducing legal immigration through work visas, asylum applications, and refugee admissions, and the emphasis on reducing illegal immigration appears to have bled into marriage-based immigration as well. If you find yourself searching, “I Received a NOID in my Marriage-Based Green Card Case,” you might want to read this article.
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I Received a Noid in My Marriage-Based Green Card Case
When USCIS sends a Notice of Intent to Deny a marriage-based green card petition, you need to take it very seriously. Handling a Notice of Intent to Deny means that USCIS will deny your petition unless you can provide evidence to overcome the issues that USCIS has found in your case. If you do not respond to the NOID, you can expect a denial of your petition, so you need to prepare to respond to the NOID as soon as possible. Your response to the NOID is almost always your last opportunity to provide evidence to USCIS before a decision is made about your case, so it’s important that you provide the best evidence you can in your response.
How Does Immigration Review Evidence in a Marriage-Based Green Card Case?
In marriage-based immigration cases, USCIS officers don’t just review the evidence you provide – they conduct their own investigation of your case. This includes checking public records such as property ownership and property tax records, credit reports, travel records, income tax filings, and business registrations. Officers also review databases from other parts of the Department of Homeland Security, including Immigration Customs Enforcement and Customs and Border Protection.
What Causes USCIS to Issue a NOID in a Marriage-Based Green Card Case?
USCIS can issue a NOID at any time if it believes an application may not be approvable. In marriage-based green card cases, NOIDs are often issued after an interview has taken place. At a marriage-based green card interview, the interviewing officer’s job is to determine if the marriage is real (not just a sham marriage for immigration purposes) and then to determine if the person applying for the green card qualifies to become a resident. If the officer believes the marriage may not be genuine, the couple may be separated and questioned. If the answers provided do not match, the officer may believe that the marriage is not real.
Even if a couple is not questioned separately at the interview, if the officer believes that there is insufficient evidence that the couple lives together, this may also lead the officer to conclude that the marriage may not be genuine. After the interview, if the officer believes the marriage may not be real, a NOID may be issued.
When Will USCIS Send a NOID in a Marriage-Based Green Card Case?
USCIS can issue a NOID at any time, however, NOIDs that are issued due to questions about the marriage are often issued after interview, but they are not always issued soon after the interview. A NOID may be sent several months after the interview. In some cases, USCIS may first send Homeland Security Investigations officers (fraud detection officers) to your home to see if it appears that you and your spouse are living together.
Officers may also question your neighbors about whether the two of you live together at the address you indicated. Any information the officers observe during their visit can be used in USCIS’s determination in your marriage-based case. If fraud investigation officers visit your home, USCIS may mention the officers’ findings in a NOID at a later date.
What Do I Do if I receive a Notice of Intent to Deny or NOID?
If you receive a NOID in your marriage-based green card case, you will only have 30 days to respond. Your response will likely be the final opportunity you have to provide evidence to USCIS in your case, so it’s important to be sure that you provide anything you can to address the issues mentioned in the NOID. Even though a NOID indicates that USCIS believes it has reason to deny your case, receiving a NOID does not mean your case will be denied – you can respond to the NOID and your marriage-based petition may still be approved.
If USCIS issues a NOID in your marriage-based green card case, be sure to consult with an experienced immigration attorney about the information requested so that you can determine the best way to respond.
Schedule a consultation with the Law Office of Kathryn N. Karam
