Receiving a Notice of Intent to Deny or “NOID” for an I-600 petition or “orphan visa” is a gut wrenching development for any adoptive parent. Attorney Kennedy routinely assists adoptive parents with responding to Notices of Intent to Deny. Although most “NOID’s” are several pages long and appear to be insurmountable, it is our experience that they can often be overcome with appropriate remedial work.
Here are some steps you should take once you receive a Notice of Intent to Deny:
Read the NOID carefully. The vast majority of NOID’s are based on failure to comply with the definition of orphan. Determine exactly what the reason for the denial is.
Do not submit the same or similar evidence in response to the NOID that you submitted with Form I-600. USCIS has already reviewed that evidence and has determined that it is not sufficient.
Consult with an experienced adoption/immigration attorney well in advance of the deadline for responding to the NOID. Keep in mind that your attorney will need time to determine what evidence is needed and prepare legal arguments on your behalf.
Do not hire an attorney who does not have expensive experience with adoption cases. Children’s immigration is a highly specialized area. Only a handful of attorneys in the United States focus their practices in this area. Do not be afraid to ask the attorney how many adoption/immigration cases they currently have pending and how many Responses to a Notice of Intent to Deny they have handled successfully.
Remember that receiving a NOID (or even a denial) is a problem BUT it is rarely a problem that cannot be solved. Attorney Kennedy is committed to providing thoughtful advice and providing solutions in the most complex adoption cases.