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I received a NOID on my EB-5 application. What happens now?

A month ago, my lawyer replied a Notice of Intent to Deny (NOID) on my 2-year-old EB-5 application and I need an answer ASAP. I read on the USCIS website that, in 15 days, I should receive a final notice. It has been over a month I am still waiting. How long do I still have to wait to get an answer on my application?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    Your EB-5 Immigration attorney should be able to assist you. There is no time period set by immigration laws or policies that the USCIS will need to adjudicate the response to the NOID. You can make inquiries online as to the progress and this, of course, would be done by your Immigration attorney.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Unfortunately, you have to wait as long as it takes the USCIS to complete its review and issue a decision.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Your attorney can follow up after 30 days.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    USCIS does not post-processing times for issuing decisions after RFE or NOID responses. The time can vary widely depending on the complexity of the issues and the amount of evidence submitted. Typically, USCIS actions take longer than one month. Your lawyer can email the IPO to check on the status of the case.

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    Charles Foster

    Immigration Attorney
    Answered on

    It is very difficult to tell you how long you must wait to get an answer when your attorney has responded to a Notice of Intent to Deny your 2-year old EB-5 petition on Form I-526. There is no specific time requirement by which the U.S. Citizenship and Immigration Service (USCIS) must respond. While the USCIS website may indicate the average response time, the actual response would depend upon a variety of factors, including the facts of your particular case and the individual Examiner. In reality, you have little choice but to wait until the response is received. You could, of course, make periodic inquiries asking as to the status of same, but it does not necessarily mean that you will get a response anytime sooner.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    There is no fixed period; it could be a few weeks or a few months. Generally, after filing, one either receives an approval, a request for evidence (RFE) or a notice of intention to deny (NOID). The NOID is more serious and you can most likely expect a denial. Our office has been able to overcome several NOIDs, but there is not much else you can do at this time but wait.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    There is really no set time frame for a decision by USCIS. Sometimes, NOID may hard to overcome as USCIS, having done a careful review of the case, has determined the case should be denied unless additional or clarifying evidence is such that they must reconsider. Thus, depending on what the NOID was based on and how persuasive your lawyer was in responding, it is hard to tell you how long it will be until a decision is made. Hope it all works out well for you and you get the approval. Good luck.

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