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.
Two different scenarios. To deny is to rule negatively on a pending petition. To revoke is to take away a previously approved petition.
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 statements herein should not be construed as legal advice. No attorney/client relationship has been created without a formal consultation with the attorney and the attorney has agreed to accept your case.
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 are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.