USCIS Extends Flexibility Deadlines for Responding to Requests 

February 1, 2021

On Thursday, January 28, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it will be extending deadlines for responding to specific requests from the agency due to the COVID-19 pandemic. USCIS will consider a response to the qualifying requests and notices timely filed if they are received within 60 calendar days after the response due date set on the request or notice. On March 30, 2020, USCIS issued the first of multiple statements indicating that the agency will be giving flexibility to deadlines for submitting these particular requests in order to assist petitioners, applicants, and requestors during the pandemic. This extension flexibility applies to the following types of requests:

  • 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.

Further, USCIS will continue to consider Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings as timely filed if the following criteria are met:

  • The form was filed within 60 days from the issuance of USCIS’ decision; and
  • USCIS made the decision between March 1, 2020, and March 31, 2021.

As of January 28, 2021, this 60-day flexibility extension will apply to the above documents if the issuance date listed on the request, notice, or decision is between March 1, 2020, and March 31, 2021.

We will be monitoring announcements from USCIS for any updates to this policy.

 

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Authors

Elizabeth A. Olivera

Associate

eolivera@cozen.com

(312) 382-3139

Frances Rayer

Member

frayer@cozen.com

(215) 665-3704

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