USCIS announces Flexibility for Requests for Evidence and Notices of Intent to Deny

In recognition of the challenges and difficulties that the Coronavirus (COVID-19) pandemic have brought to the Immigrant Community, U.S. Citizenship and Immigration Services has announced that it will adopt certain “flexibility” measures to assist applicants and petitioners who are responding to

• 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 I-290B, Notice of Appeal or Motion.

In short, the flexibility applies to the above documents if the date of issuance on the Request, Notice, or Decision is between March 1, 2020 and July 20, 2020.

USCIS has announced that it will consider a response to the above requests and notices that are received by USCIS within 60 calendar days after the response due date set in the request or notice before taking action.

USCIS has also announced that it will consider a Form I-290B received up to 60 calendar days from the date of the decision before it takes any action.

While USCIS is not describing this as an “extension”, it appears that these flexible measures will have the same effect as an extension.

USCIS further noted that they are “adopting several measures to protect our workforce and community, and to minimize the immigration consequences for those seeking immigration benefits during this time”. While its not exactly clear at this point what USCIS means by this, it is likely this means that they will be granting leniency and flexibility to applicants and petitioners who are seeking immigration benefits during the time that the COVID-19 related federal national emergency is in effect. While this is only a small benefit, it is welcome news and a reason for U.S. immigrants whose status may be in question because of complications related to the pandemic to be optimistic about the possibility that USCIS will put further flexible relief measures into place, as a humanitarian gesture to assist affected immigrant applicants and petitioners.

If you have questions or need assistance responding to a Request for Evidence or a Notice of Intent to Deny, contact my office to schedule a free Strategy Session to discuss your options. In my 25+ years of practicing U.S. Immigration law, I have assisted clients in responding to hundreds of RFE’s and NOID’s. Let me put my years of experience to work to help improve your chances of obtaining approval of the U.S. Immigration benefits you are seeking.