What a NOIR Means for Your Immigration Petition and How to Respond
Receiving a Notice of Intent to Revoke (NOIR) from U.S. Citizenship and Immigration Services (USCIS) can feel unsettling for any applicant or petitioner. Unlike a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID), which typically come earlier in the process, a NOIR arrives after your petition has already been approved. It means USCIS has discovered new concerns that may lead to revoking the approval unless you provide a strong response.
At Sharma Law Associates, LLC, our New York immigration attorneys guide clients through this critical stage to preserve their petitions and protect their futures.
What is a NOIR?
A Notice of Intent to Revoke is USCIS’s way of signaling that they are reconsidering an already approved petition. The notice outlines the reasons USCIS believes the petition may no longer qualify for approval. This could be based on new information, inconsistencies found during further review, or issues raised by consular officers during visa processing.
The critical thing to remember is that a NOIR is not the same as a revocation. Instead, it allows you to present additional evidence or explanations to convince USCIS that the petition should remain approved.
Common Reasons USCIS Issues a NOIR
Several issues can trigger a NOIR in family-based or employment-based petitions.
Some of the most frequent reasons include:
Fraud or misrepresentation concerns: If USCIS believes false information was provided, they may question the validity of the approval.
Changed circumstances: For example, in a marriage-based case, evidence of divorce or separation could cause USCIS to reconsider approval.
Errors in the initial review: USCIS may determine that a mistake was made in approving in the first place.
Negative findings from consular processing: A consular officer may report concerns after interviewing the applicant abroad, leading USCIS to reexamine the petition.
Understanding the basis for the NOIR is critical, since your response must directly address each concern USCIS raises.
How to Respond to a NOIR
A strong response to a NOIR requires timely and thorough preparation. USCIS typically allows 30 days to reply, and missing this deadline can result in automatic revocation.
Steps to take include:
Carefully reviewing the notice to identify the exact issues raised.
Gathering additional evidence such as updated financial records, affidavits, or proof of bona fide relationships.
Providing clear explanations to resolve discrepancies or misunderstandings.
Consulting an experienced immigration attorney to ensure your response is comprehensive and strategically focused.
The goal is to demonstrate that the petition still meets all legal requirements and that USCIS should not revoke the prior approval.
Why Legal Representation is Essential
Because a NOIR threatens the approval you already worked hard to secure, the stakes are incredibly high. An incomplete or poorly prepared response could mean starting over with a new petition, facing years of delay, or losing eligibility entirely. At Sharma Law Associates, LLC, we understand how to craft persuasive responses backed by evidence and legal arguments. Our attorneys know how to highlight the strengths of your petition while addressing USCIS’s concerns head-on.
Protect Your Immigration Petition Today
A NOIR can feel like a significant setback, but with the right legal strategy, it is possible to protect your petition. At Sharma Law Associates, LLC, we help families and individuals respond effectively to NOIRs, RFEs, and NOIDs, ensuring their immigration journeys stay on track. Call our office today at 646-921-6630, contact us online, or schedule a personalized consultation on our calendar to discuss your case and build a strong response.
