What is a Notice of Intent to Revoke?
A Notice of Intent to Revoke (NOIR) is a notice from the U.S. Citizenship and Immigration Services (USCIS) to inform an applicant that the government is seeking to revoke a previously approved application, petition, or request. For example, if a foreign national is at a visa interview and the visa officer believes that the marriage is a sham marriage, the visa officer will deny the visa and send a request to USCIS to revoke the prior I-130 immigrant visa petition.
Before revoking the approved application, petition, or request, USCIS may contact the applicant and provide the applicant with a fixed amount of time to respond.
The most common NOIRs will state the following:
- Submit evidence to establish that the petitioner’s intent in marriage was to establish a life together with the beneficiary. The evidence submitted should cover the entire period of the marriage.
- USCIS is aware that the type of evidence to establish the bona fides of a marital relationship can be somewhat limited when one spouse lives in the U.S. and the other resides overseas. However, the burden is on the petition to provide evidence that vives insight into the nature of their claimed relationship and the level of their emotional involvement, as a bona fide marital relationship is one that involves a fusion of two individuals’ lives.
For more information on Notice of Intent to Revoke (NOIR), a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today.
The Law Office of David Nguyen, PC has successfully handled hundreds of immigration petitions and/or applications – and can assist you with your immigration needs.
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