Other · United States
Notice of Intent to Deny — USCIS says it intends to refuse
This is heavier than a request for more documents. USCIS has reached a negative conclusion on your case, is telling you what it relies on, and is giving you a short, printed period to answer before it decides.
How serious: enforcement closeAlso called: NOID, notice of intent to deny, revoke, rescind or terminate, I-797 notice of intent
A Notice of Intent to Deny sets out the ground USCIS is relying on — or the derogatory information it has — and invites a response before the decision issues. The same form is used to announce an intent to revoke, rescind or terminate something already granted.
The period is short: 8 CFR 103.2(b)(8)(iv) caps the maximum response time for a NOID at thirty days, with 3 days added where the notice was served by mail.
USCIS accepts one response. It should address the ground the notice states, item by item, and arrive by the printed date.
Who sends it
U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security — the office adjudicating the pending application or petition.
The heading 'Notice of Intent to Deny' — or intent to revoke, rescind or terminate — a receipt number, a passage explaining what USCIS considers the record to show, an invitation to rebut or explain, and a printed date, usually thirty days out.
The deadline
the date printed on the notice — at most 30 days, with 3 days added when the notice was served by mail
The date printed on the notice governs. 8 CFR 103.2(b)(8)(iv) caps the response time for a NOID at thirty days, and 8 CFR 103.8(b) adds 3 days where service was by mail. Under 8 CFR 1.2, a period ending on a Saturday, Sunday or legal holiday runs to the end of the next day that is not one of those.
If you do nothing
8 CFR 103.2(b)(13): without a response by the required date, the request may be summarily denied as abandoned, denied on the record, or both. In practice the denial the notice announced simply issues.
How it escalates
- 01The denial the notice announced is issued (8 CFR 103.2(b)(13)).
- 02Fees paid are not refunded, and any status or work authorization that depended on the pending case ends with it.
- 03Where the notice was one of intent to revoke or rescind, something already granted is taken away rather than refused.
- 04What remains is an appeal or motion on Form I-290B within 30 days of service of the decision (8 CFR 103.3(a)(2)(i)).
How to respond
What follows is procedure only: one submission, addressing each ground, arriving at the address on the notice by the printed date.
Response types
- Answer the ground statedResponse to the Notice of Intent to Deny — one complete submission · 8 CFR 103.2(b)(8)
- Withdraw the applicationWithdrawal of the application or petition
Where and how
- Your USCIS online account, where the case was filed online.
- Certified mail with return receipt to the exact address on the notice.
- A courier with tracking, where the notice gives a street address.
- Ordinary mail, which proves nothing about the date.
What to attach
- The original notice, on top of the response.
- A cover letter mapping the enclosures to each ground the notice raises.
- Certified English translations of any document not in English.
- A full copy of the response, kept by you.
What makes it count
The response has to reach USCIS by the date printed on the notice; posting it by then is not enough. Where the date falls on a weekend or federal holiday, a paper response received by the end of the next business day counts as timely.
Common questions
How is a NOID different from a Request for Evidence?
An RFE says the record does not yet establish eligibility and asks for more. A NOID says USCIS has already concluded the case should be refused and gives a chance to answer that conclusion. The regulation gives a NOID a shorter maximum period — thirty days against twelve weeks.
Can the deadline be extended?
The regulation caps the period and the notice prints the date. USCIS does not grant more time to respond to a NOID.
What if the notice is about revoking something I already have?
The same response mechanics apply, but what is at stake is a benefit already granted rather than one applied for. That difference is worth putting to a lawyer before answering.
Does responding stop the denial?
It puts your evidence in front of the officer before the decision. Whether it changes the outcome depends on what the evidence shows against the ground stated.
Sources
Facts verified against the sources below on 10 September 2026.