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What does a NOID mean for an I-526 petition?

What should an EB-5 applicant do if they receive a Notice of Intent to Deny on their I-526 petition? What are the chances of getting a favorable decision on a NOID that was received because of a loan?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    A NOID means that the USCIS intends to deny the petition and it does not appear that any evidence is missing or needs to be clarified. Before it can deny the petition, USCIS must give the petitioner the opportunity to respond and rebut any derogatory information listed in the notice. A NOID is worse than a Request for Evidence (RFE) but better than a denial, because you still have the opportunity to get the petition approved if you timely respond to the NOID and address/resolve all of the USCIS' concerns. Since a NOID is very serious and the USCIS intends to deny the case, the petitioner should contact an experienced EB-5 immigration attorney.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Your attorney should discuss with you how she/he will be addressing the NOID to possibly avoid losing your case. If you filed pro se (without legal representation), you should immediately hire a competent EB-5 immigration attorney.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    As long as you can overcome their concern you should be ok, but this is a serious warning that USCIS has a concern, so make sure you have a competent attorney addressing the issue with you.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    NOID (Notice of Intent to Deny) is exactly as it states. USCIS has determined after reviewing your application that your source of funds does not meet their standard for approving the I-526 application and will deny the case unless you could fix the points that they indicated in the NOID. Your attorney should try to fix the errors or shortcomings that USCIS indicated rather than just repeating or arguing about what was already submitted. The policy on how they review the indebtedness is probably the cause for this NOID, and I think you may need to show that your loan was secured by an asset that you own and that such asset was obtained by a legal means.

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    Michael A Harris

    Immigration Attorney
    Answered on

    Hire an attorney if they have not already. Each NOID - as well as a Request For Evidence - will be different.

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    Ying Lu

    Immigration Attorney
    Answered on

    If you have an I-526 attorney, your attorney will be responsible for answering the NOID. Without knowing the details of your case, it is really hard to tell what the changes are to get the case approved.

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    John J Downey

    Immigration Attorney
    Answered on

    It means Notice of Intent to Deny. More serious than an RFE, Request for Further Evidence. However, you may still send in an answer to it.

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    Robert Cornish

    Securities Attorney
    Answered on

    You need counsel right away to explore your options, which if taken to their logical extreme will require some sort of filing in court.

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    Ed Beshara

    Immigration Attorney
    Answered on

    An experienced EB-5 immigration attorney will be able to assist and represent you in responding to the NOID. The NOID has the same effect as an RFE (request for further evidence). If the response is not accepted by USCIS, then the I-526 petition is denied. I believe if your response is prepared properly, to the NOID as to the source of your funds and the loan issue, then the USCIS should approve the I-526 petition.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    A Notice of Intent to Deny gives you the opportunity to address USCIS's concerns, but you may be closer to an actual denial than if you had received an RFE. You should definitely employ the services of an immigration attorney to assist you.

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    Ian E Scott

    Immigration Attorney
    Answered on

    A NOID is a notice of the government's intent to deny your petition and they are difficult to overcome. If you submitted a petition with an unsecured loan, USCIS does not currently accept them and has recently tightened up loan standards. You should show the NOID to a qualified lawyer. Keep in mind that the government could have issued a request for additional evidence (which is more common) but decided to go the route of a NOID which is not a good sign.

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    Stephen Berman

    Immigration Attorney
    Answered on

    It depends entirely on what question they are asking and what your response is. If the issue is that you do not own the money you invested, your chances are not high.

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    Tammy Fox-Isicoff

    Immigration Attorney
    Answered on

    It means Notice of Intent to Deny - and whether or not it can be overcome is case specific.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    NOID means Notice of Intent to Deny. It is a serious notice. If you do not overcome the USCIS intent with a substantial response, your I-526 petition will be denied. The probability of a favorable decision will depend upon the circumstances causing the NOID and the legal counsel you engage. Unfortunately, to respond to an NOID usually requires legal analysis.

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