Successfully Responding to a USCIS Notice of Intent to Deny

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Immigration law is a complex field requiring precision, honesty, and expert guidance. Recently, a client approached me for assistance responding to a USCIS Notice of Intent to Deny (NOID) regarding his wife's Green Card application. The complexity of their case underscores the critical importance of consulting an immigration attorney and adhering to full disclosure in all interactions with the U.S. government. For more information, visit the USCIS.

Background

The client's wife entered the United States on a B1/B2 visa. During her visa interview, she did not disclose that she was married to a U.S. citizen. Acting on misguided advice that marrying in the U.S. would lend their marriage more credibility, the couple, who are first cousins, married again in Pennsylvania after her arrival. Subsequently, they filed for adjustment of status for the wife.

Complications

USCIS flagged the case for several reasons:

1. Undisclosed Marriage: The wife failed to disclose her existing marriage during her B1/B2 visa interview.
2. Second Marriage Legality: Their marriage in Pennsylvania was deemed illegal and against public policy due to their cousin's relationship.
3. Misrepresentation and Fraud: The wife's omission during her visa interview led to charges of misrepresentation and fraud.

Our Approach

Upon reviewing the case, we recognized the legal and factual complexities involved. Our strategy focused on clarifying the wife's intentions and the legal standing of their original marriage in their home country.

       Clarifying Intentions:

• Cultural Context: We explained that in their culture, the initial marriage ceremony, "Katab Ktiab," is often viewed as an engagement. This cultural misunderstanding made the wife believe she was only engaged during her visa interview.
• Honest Mistake: We argued that her failure to disclose was not an intentional act of deceit but a genuine misunderstanding of her marital status due to cultural differences.

        Legal Marriage Validity:

• Home Country Marriage: We underlined that the marriage in their home country was legally binding and should be recognized by USCIS.
• Invalid Pennsylvania Marriage: Although their Pennsylvania marriage was invalid due to their cousin's relationship, it did not negate the validity of their initial marriage.

Outcome

We successfully argued that the wife did not intend to commit fraud or misrepresentation by providing a detailed explanation and supporting evidence. USCIS accepted our arguments, acknowledging the initial marriage's cultural nuances and legal validity. As a result, the wife's Green Card application is now being processed.

Lessons Learned

This case serves as a critical reminder of several key points in immigration law:

• Full Disclosure: Always be truthful in all communications with the U.S. government. Omissions or misstatements, intentional or not, can lead to severe consequences.
• Cultural Sensitivity: Understand and convey the cultural context that may affect an applicant's understanding and actions.
• Expert Guidance: Immigration law is intricate and unforgiving. Always seek the counsel of an experienced immigration attorney rather than relying on unqualified advice.

Final Thoughts

Honesty and expert legal advice are paramount in navigating the U.S. immigration system. This case illustrates the potential pitfalls of fully understanding or disclosing one's circumstances. If you face any immigration issues, consult a qualified immigration lawyer to ensure your application is handled correctly and efficiently.

For those dealing with immigration matters, remember that honesty is the best policy and expert advice is invaluable. Do not let unqualified advice jeopardize your future. Consult an immigration attorney to guide you through the complexities of the law.  

Call us at 412-292-9262 or get in touch.