Revoke vs. denial

Asked about 3 years ago - Tampa, FL

What is the difference between denial and revoke? and which is worse? I have a friend that received an NOIR and one that receive an NOID both was for I-130 petitons. So who has the better chance? I'm puzzled.

Attorney answers (3)

  1. Jeffrey Adam Devore

    Contributor Level 20

    Answered . A Notice if Intent to Deny (NOID) means that USCIS intends to deny a pending petition or application for the stated reason unless you can establish that its reasoning is incorrect. It gives the petitioner/applicant an opportunity to correct evidentiary deficiencies or rebut USCIS’ findings. A Notice if Intent to Revoke is issued by USCIS when it determines that a petition was previously approved in error. Before revoking the petition the agency must give the petitioner the opportunity to explain why its determination is erroneous



    This is not a situation where one the receipt of one type of notice has a “better chance” then the other. Each is going to be fact specific so the likelihood of overcoming the intention to deny or revoke will depend upon the facts of the case.



    While written by an attorney who is a Florida Bar Certified Specialist in Immigration and Nationality Law, the... more
  2. Harlan Gregg York

    Pro

    Contributor Level 11

    Answered . Two different scenarios. To deny is to rule negatively on a pending petition. To revoke is to take away a previously approved petition.

  3. J Charles Ferrari

    Contributor Level 20

    Answered . It all depends on the facts of each case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts... more

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