USCIS Extends Time to Respond on Certain Actions

September 11, 2020

USCIS has yet again updated the extensions on responses. Here is the latest notice:

In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain:

Requests for Evidence (RFE);
Continuations to Request Evidence (N-14);
Notices of Intent to Deny (NOID);
Notices of Intent to Revoke (NOIR);
Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers;
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant;
Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or
Filing date requirements for Form I-290B, Notice of Appeal or Motion.

Notice/Request/Decision Issuance Date:

This flexibility applies to the above documents if the issuance date listed on the request, notice, or decision is between March 1, 2020, and Jan. 1, 2021, inclusive.

Response Due Date:

USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, we will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before we take any action.

We are adopting several measures to protect our workforce and community and to minimize the immigration consequences for those seeking immigration benefits during this time.

USCIS will provide further updates as the situation develops and will continue to follow CDC guidance. Education and precautions are the strongest tools against COVID-19 infection. Please visit uscis.gov/coronavirus for USCIS updates.

July 1, 2020

USCIS has updated the extension for responses. Now, for documents issued between March 1 and September 11, 2020, USCIS is extending the response time by 60 days.

This is not a blanket extension. It applies only to:

Requests for Evidence (RFEs)
Continuations to Request Evidence (N-14)
Notices of Intent to Deny (NOIDs)
Notices of Intent to Revoke (NOIRs)
Notices to Rescind or Terminate Regional Investment Centers (for EB-5)
Filing dates to appeal a naturalization decision (N-336)
Filing dates to appeal or make a motion to reopen/reconsider (I-290B)
Motions to Reopen N-400 under 8 CFR 335.5 (derogatory info after grant)

But, take care. The 60 days extends the time for responses given in the response. For Filings, such as the I-290B, the 60 days is counted from the date of the decision, so this is really a 30-day extension.

LEARN MORE

May 5, 2020

For RFEs, NOID, NOIR, and NOIT actions issued between March 1 and May 1, 2020, USCIS is allowing an additional 60 days to respond. Here is the complete message send out today:

In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it adopted measures to assist applicants and petitioners who are responding to certain Requests for Evidence (RFE) and Notices of Intent to Deny (NOID). This alert clarifies that this flexibility also applies to certain Notices of Intent to Revoke (NOIR) and Notices of Intent to Terminate (NOIT) regional investment centers, as well as certain filing date requirements for Form I-290B, Notice of Appeal or Motion.

Notice/Request/Decision Issuance Date:

This flexibility applies to an RFE, NOID, NOIR, NOIT or appealable decision within AAO jurisdiction and the issuance date listed on the request, notice or decision is between March 1, 2020 and May 1, 2020, inclusive.

Response Due Date:

Any response to an RFE, NOID, NOIR, or NOIT received within 60 calendar days after the response due date set in the request or notice will be considered by USCIS before any action is taken. Any Form I-290B received up to 60 calendar days from the date of the decision will be considered by USCIS before it takes any action.

USCIS is adopting several measures to protect our workforce and community, and to minimize the immigration consequences for those seeking immigration benefits during this time.

This information is provided as a public service for informational purposes only. This post is NOT a substitute for legal advice and does not create an attorney-client relationship. You should always seek advice from a licensed attorney in a confidential consultation.