[Updated] USCIS Extends Flexibility Measures for Responding to Agency Requests

January 29, 2021 Anne Walsh

Note: This page has been updated to reflect the most recent announcement from USCIS regarding extended flexible measures that was posted on June 24, 2021. Please visit the USCIS website for more information. 

Key Points

  • USCIS is again extending the response period for certain requests, notices and decisions due to COVID-19
  • USCIS first announced COVID-19 flexible measures on March 20, 2020
  • The measures apply to the response period permitted for certain requests, notices and decisions issued between Mar. 1, 2020 and Sept. 30, 2021
  • USCIS will consider a response to the qualifying requests, notices and decisions when received within 60 calendar days after the response due date before taking any action

Overview

Due to COVID-19, U.S Citizenship and Immigration Services (USCIS) is extending the response period for certain agency requests, notices and decisions. USCIS first introduced the measures on March 20, 2020.

What are the Changes?

Extended response periods apply to certain requests, decisions and notices with an issuance date between Mar. 1, 2020 and Sept. 30, 2021. USCIS will consider a response to the qualifying requests, notices and decisions when received within 60 calendar days after the response due date before taking any action.

Who is Affected?

The flexible measures apply to the following documents:

  • Requests for Evidence;
  • 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; and
  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant

Additionally, USCIS will consider a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings or a Form I-290B, Notice of Appeal or Motion, provided a decision was made between Mar. 1, 2020 and Sept. 30, 2021, and the form was filed within 60 days from when the agency issued its decision.

What Should Employers and Applicants Know?

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.

Looking Ahead

USCIS will provide additional updates regarding its COVID-19 policies as available.


Envoy is pleased to provide you this information, which was prepared in collaboration with Anne Walsh, 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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