[UPDATED] USCIS Extends Flexibility for Requests for Evidence, Notices of Intent to Deny

August 1, 2022

 

This post was originally published on March 27, 2020 and was updated on May 1, 2020 and most recently on July 26, 2022 to reflect new announcements from USCIS. 

UPDATE: Through Oct. 23, 2022, U.S. Citizenship and Immigration Services (USCIS) will extend certain COVID-19-related flexibilities for applicants, petitioners and requestors. USCIS will consider a response received within 60 calendar days after the due date noted on certain requests or notices as filed timely, provided the request or notice was issued by USCIS between March 1, 2020 and Oct. 23, 2022, inclusive.  

The flexibilities apply to the following documents:  

  •  Requests for Evidence (RFE); 
  • Continuations to Request Evidence (N-14); 
  • Notices of Intent to Deny; 
  • Notices of Intent to Revoke; 
  • Notices of Intent to Rescind; 
  • Notices of Intent to Terminate regional centers; 
  • Notices of Intent to Withdraw Temporary Protected Status; and 
  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant. 

USCIS will also consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings if the form was filed up to 90 calendar days after USCIS issued a decision, and USCIS made the decision between Nov. 1, 2021 and Oct. 23, 2022.  

USCIS also indicated that the reproduced signature flexibilities it announced due to the pandemic in March 2020 will become permanent starting July 25, 2022.  

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UPDATE: On Friday, Sept. 11, 2020, USCIS said that it will extend the flexibilities originally published on March 27 to assist petitioners who are responding to the following agency requests and notices dated between March 1 and Jan. 1, 2021: 

  • Requests for Evidence; 
  • Continuations to Request Evidence (N-14); 
  • Notices of Intent to Deny; 
  • Notices of Intent to Revoke; 
  • Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers; and 
  • Filing date requirements for Form I-290B, Notice of Appeal or Motion. 

The agency indicated that it would consider a response to these requests and notices received within 60 calendar days after the deadline listed in the request or notice before taking action.


U.S. Citizenship and Immigration Services (USCIS) announced that it is adopting a measure to assist applicants and petitioners who are responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020. 

What happened? 

Due to the impact of COVID-19, USCIS announced that for applicants and petitioners who receive an RFE or NOID dated between March 1 and  May 1, 2020, any responses submitted within 60 calendar days after the response deadline set forth in the RFE or NOID will be considered by USCIS before any action is taken. 

Who does this impact? 

This impacts applicants and petitioners who receive an RFE or NOID dated between March 1 and May 1, 2020. 

How are Envoy and GIA responding? 

GIA will still file responses to RFEs and NOIDs within the timeframe listed given that all material can be providedShould some required information not be attainable at this time due to the impacts of COVID-19, please reach out via the Communication Center. 

What do I need to do next? 

We are monitoring USCIS announcements and will publish information about any updates as they develop. Should you have any questions regarding this update, please reach out via the Communication Center. 


Envoy is pleased to provide you this information, which was prepared in collaboration with Ryan Bay, who is a Partner at Global Immigration Associates, P.C. (www.giafirm.com), Envoy’s affiliated law firm. 

Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an Envoy-affiliated attorney or another qualified professional. 

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