Visa Lawyer Blog

USCIS Extends Flexibility for RFE, NOID, NOIR, I-290B, N-336 Responses Filed After the Deadline

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We have great news for applicants who are issued a request for evidence, notice of intent to deny, or a related document, between March 1st and September 11th.

On July 1, 2020, USCIS announced that it will extend its flexibility policy and will continue to grant applicants an additional 60 calendar days after the response deadline indicated on the notice or request, to submit a response to the request or notice, provided the request or notice was issued by USCIS between March 1 and September 11.

What documents qualify for this flexibility in responding?

Applicants who received any of the below mentioned documents dated between March 1 and September 11th can take advantage of the additional 60 days to respond to the request or notice:

  • 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;
  • 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.

Will USCIS consider my request even if it is submitted after the response deadline?

Yes. Pursuant to this policy, USCIS must consider a response to a request or notice, received within 60 calendar days after the response deadline indicated on the request or notice, before taking any action on the case.

For N-336 and I-290B Forms, USCIS will consider a response received up to 60 calendar days from the date of the decision before taking any action.

Why the flexibility?

USCIS acknowledges that the coronavirus pandemic has made it difficult for applicants to retrieve necessary documents and evidence. For this reason, the agency has decided to provide additional flexibility.

For more information about this announcement please click here.

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