USCIS Extends Flexibility Policy

USCIS initially issued a flexibility policy for responding to certain agency requests in March 2020 due to the pandemic. It has extended that policy several times. The most recent extension applies to certain requests and notices issued between March 1, 2020 and October 23, 2022 inclusive.

Specifically, these include the following requests/notices:

(1) Request for Evidence (RFE)

(2) Continuations to Request Evidence (N-14)

(3) Notice of Intent to Deny (NOID)

(4) Notice of Intent to Revoke

(5) Notice of Intent to Rescind

(6) Notice of Intent to Terminate Regional Centers

(7) Notices of Intent to Withdraw Temporary Protected Status

(8) Motions an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant

For this flexibility, USCIS will wait without taking action to consider a response received within 60 calendar days after the due date stated in the request/notice.

Additionally, for the following Forms, USCIS will consider if it is filed within 90 calendar days of the decision for decisions made between November 1, 2021 and October 23, 2022 inclusive:

(1) Form I-290B, Notice of Appeal or Motion

(2) Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA)

Please be aware that USCIS's initial announcement regarding flexibility as it relates to the Form I-290B, Notice of Appeal or Motion stated that it only appleid to appealable decisions. (see here for further information)

If you have questions or concerns regarding the deadline for responding to a request/notice or for filing Form I-290B or Form N-336, you may wish to consult with an immigration attorney. Attorney Rebecca Carcagno offers a free initial intake consultation over the phone which can help you determine your eligibility and obtain some general information. You may schedule this free initial intake consultation with Attorney Carcagno at (734) 999-0360 or through the website.

***Please keep in mind that this blog posting is for educational purposes only (i.e., to give you general information and a general understanding of this immigration related matter); this blog posting does not provide specific legal advice and does not form an attorney-client relationship.***

Sources:

(1) https://www.uscis.gov/newsroom/alerts/uscis-extends-covid-19-related-flexibilities#:~:text=U.S.%20Citizenship%20and%20Immigration%20Services,applicants%2C%20petitioners%2C%20and%20requestors.

(2) https://www.uscis.gov/news/alerts/uscis-expands-flexibility-for-responding-to-uscis-requests

Rebecca Carcagno Rodriguez

The Law Offices of Rebecca Carcagno, PLLC

2512 Carpenter Rd

Suite 102A

Ann Arbor, MI 48108