Notice of Intent to Deny (NOID) Asylum Decision

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October 24, 2017

Notice of Intent to Deny (NOID) Asylum Decision

What is a NOID?

A NOID, Notice of Intent to Deny, is a type of asylum decision received after you apply for asylum. You are typically issued a NOID by an Asylum Officer (AO) if you have legal status in the U.S. but are not found eligible for asylum. In the NOID, the AO will explain why s/he finds you ineligible for asylum. You are then typically given 16 days to respond explaining why your asylum application should be granted. You can also submit new evidence. Once the AO receives your response and/or new evidence, s/he will review your response and either issue an asylum grant or final denial of your asylum application.

Recommendations

  • Maintain a copy of the NOID and include it as the cover page/ first page for your response to the NOID.
  • If you receive a NOID, highlight all the main reasons that the AO has found you ineligible and address every single one.
  • Include a new affidavit where you respond to all of AO’s concerns.
  • Include new evidence if you are able to obtain it.
  • If you submitted documents in your previous application that address some of AO’s concerns, then refer to it and include it as evidence.
  • Start working on your response as soon as you receive the NOID.
  • Complete your response before the deadline and save time for mailing it to the AO. Remember your NOID response needs to be received in their office on or before the 16th day. That is calculated from the date of the notice, which you generally do not receive until a few days after it is sent. So take that into consideration as well as when/how to mail your response.
  • Make your response organized and easy to follow with supporting documents and tabs provided. Make it easy for the AO to understand what specifically you are responding to.
  • Maintain a copy of your response package before sending and keep in a safe place.
  • Always send you response certified mail and/or with a company that allows you to track the package.
  • If you plan to hire an attorney, hire one as soon as possible in order to give the attorney more time to respond to the NOID.

Here at the Law Office of Marron Gebremeskel, PLLC, we offer NOID response services. Give us a call to review your case.

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