On June 24, 2021, USCIS announced that in response to the global COVID-19 pandemic it would extend (for the fifth time) additional flexibility measures and grant additional time to certain applicants, petitioners, and requestors who were responding to certain agency requests. This extension is a continuation of the original extension that USCIS announced on March 30, 2020. This flexibility applies if the date of issuance listed on the request, notice, or decision is between March 1, 2020, and September 30, 2021.
Q: Which USCIS Requests, Notices, and Decisions are covered by the Extension?
A: The Extension of Additional Flexibility Measures covers the following:
- 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 investment centers; and
- Motions to Reopen an N-400 application pursuant to 8 CFR 335.5;
In addition, USCIS has also announced that it will still consider a (late filed) form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for Hearing on a Decision in Naturalization Proceedings (filed under Section 336 of the Immigration and Nationality Act), but ONLY IF:
- The form was filed up to 60 calendar days from the date of issuance of the decision that USCIS made; AND
- USCIS made that decision on any date between March 1, 2020 through September 30, 2021.
Q: Does the Extension only apply to Requests, Notices, and Decisions that were issued on or before a certain date?
A: Yes. The Extension of Additional Flexibility Measures ONLY applies to the above documents if the issuance date listed on the Request, Notice, or Decision is between March 1, 2020, and September 30, 2021, inclusive.
Q: If I am responding to a Request, Notice, or a Decision that is covered by this extension, WHEN must my response be RECEIVED received by USCIS?
A: If you are responding to a covered Request, Notice, or a Decision, USCIS advises that it will consider a response RECEIVED by USCIS within 60 calendar days after the response due date set in the request or notice before taking any action. USCIS also advises that they will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before taking any action.
According to USCIS, these measures were adopted to protect its workforce and the community and to minimize the immigration consequences for those seeking immigration benefits during this time.
If you have any questions about this blog post, please contact U.S. Immigration Lawyer Sean D. Hummel at (954) 385-3111 to discuss your case.