Orphan Visa Appeals
During an international adoption there is a risk that the I-600 Application for Orphan Visa may be denied or you may be given a Notice of Intent to Deny. The I-600 is the application that requests an Orphan Visa (R-3 or R-4). If you are given a Denial or Notice Of Intent to Deny (NOID), it can be a serious complication in your adoption process. The Orphan Visa enables a child adopted from a foreign country to enter the United States. Without the Orphan Visa it may be impossible for the child to legally enter the United States. Our team can assist you with your Rebuttal of a NOID or Appeal of Denial with the United States Citizenship and Immigration Services (USCIS).
Denials & Notice of Intent to Deny (NOID) Orphan Visa
If an I600A/I600/I800A/I800 is not approvable, it will be denied. If denial is based on information not previously known by parents, USCIS must issue a Notice of Intent to Deny the orphan visa, prior to a final denial. USCIS may issue a final denial if based on information previously known to parents.
Why would USCIS issue parent(s) a NOID notification or denial?
This letter would be issued upon a suspicion of fraud, undue influence, duress, or ineligibility of child to be adopted internationally.
What is a NOID?
This is a response from USCIS to your 1600/I800 Petition to Classify Orphan as Immediate Relative, which will provide you with Orphan Visa (IR3 or IR4). The purpose is to notify parents of intent to deny an orphan visa for your child.
The letter will state the reasons for issuance.
What to do if you receive a NOID letter?
Contact Harden Jackson immediately as parents and their attorney have thirty (30) days to respond with a rebuttal of reasons stated.
An attorney must draft a rebuttal to the NOID, which USCIS may then approve or deny.
What to do if you receive a Final Denial of the orphan visa?
Contact Harden Jackson immediately, as parents may appeal denials if "appealable."
Appeals process is conducted through USCIS Administrative Appeals Office (AAO) which reviews appeals.