What is a Notice of Intent to Revoke?
A Notice to Revoke, or NOIR, is bad news for anyone who is attempting to get a green card. They’re most common in I-130 petition cases, wherein a petitioner seeks to obtain a green card for their spouse.
Here’s what happens. The Form I-130 gets approved, giving the immigrant the right to file a green card application. USCIS then schedules your marriage green card interview. If they see something during this interview they don’t like and now suspect that your marriage is not a bona fide marriage. It may also mean that USCIS has received new information which they consider to be derogatory to your case.
While this is not good news, there are steps you can take to try to salvage the situation.
Read your notice carefully.
Your notice will list all the reasons why USCIS wants to revoke your I-130 removal. This will also give you some information on what kinds of evidence they’re going to want to support the legitimacy of your relationship.
You may see reasons like:
- “Insufficient evidence of a bona fide marriage.”
- “Discrepancies or inconsistencies in spousal testimonies.”
- “Discovery of negative information.
- “204(c) – Finding of Fraud.”
Reach out to an immigration attorney immediately.
Do this even if you’ve tried to handle your immigration case on your own up until now. It’s harder to overturn a revocation than it is to get the original I-130 approval, and you’re going to need help.
Your attorney can start by drafting a written rebuttal to USCIS’ list of reasons for issuing the denial. Remember, you have just 30 days to respond, so move quickly.
Keep gathering evidence of your legitimate marriage.
The more you can support the validity of your marriage the more likely you are to be successful at defending your I-130 from revocation. Keep in mind that USCIS likes to see shared accounts, utilities in both partners’ names, leases and mortgages in both party’s names, and so on.
Don’t assume that you should stop gathering evidence or strengthening your presentation as a marital unit until the green card is in hand. Getting lawful permanent resident status in the United States is a long and fraught process, and you’ll need all the support you can get to achieve this coveted status.
If any part of your immigration case has gone wrong, don’t wait. Reach out to Hykel Law today to get the help you need to stay in the United States of America.
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Although it often comes with controversy, immigration into the United States has always played a major role in the strength of its economy. Perhaps no one understands this more than the residents of Philadelphia, where the Liberty Bell still welcomes foreigners to one of the richest historical communities of our country.
Not knowing or understanding the system and laws of the U.S. can be a disadvantage for many foreign immigrants who wish to obtain permanent residency in the United States, either for themselves or for their loved ones. Hykel Law’s Family-Based Immigration Services can lead you through the complicated process to achieve either temporary or permanent residency, depending on your situation.
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