A notice of intent to revoke, or NOIR, is a document sent by US Citizenship and Immigration Services to people with previously approved immigration petitions to inform them of the intent to reverse the approval.
A NOIR is usually filed because USCIS found new and negative information about the applicant. However, this does not mean that the petition has been denied, as it is possible to re-petition or request an appeal.
“The NOIR must contain a detailed description of the reasons for the revocation and the time period allowed for the petitioner's rebuttal. USCIS considers all relevant evidence presented in determining whether to revoke the petition. A petition that has been revoked by notice may be appealed to the Office of Administrative Appeals. A petition that is automatically revoked cannot be appealed,” explains the USCIS.
In this sense, the reasons why USCIS can send a NOIR are:
- Immigration application contains incorrect information
- The terms of the employment visa have changed
- The government suspects marriage or other fraud
- The sponsor is not qualified to be or has died
- Errors or misunderstandings of the interviewer
- Misconduct on the part of the applicant with the interviewer
Normally, USCIS requests a response within 30 days of receiving the notification, however, until March 2022, it provides an additional 60 days. The answer must include each of the points that USCIS makes in the NOIR.
Sending the response, the wait will be long since the USCIS is investigating the case again, at the national level and at the consular level. Even the wait can be more than a year. However, if the answer is convincing and USCIS determines it to be so, it will send the application back to the consulate, in this way the beneficiary and the petitioner will have to repeat certain consular processes that they had previously completed.
If, on the other hand, the answer does not convince the USCIS, it is possible to file an appeal within the next 15 days. However, there is also the option to start the process from the beginning, pay the fees and correct errors.
