USCIS once again extended the time to respond to Requests for Evidence, and other post-petition deadlines, due to the pandemic. The flexibility is a positive move, given all the difficulties present in responding to requests. The agency however continues to issue Requests at an unnecessary rate, creating significant burdens for petitioners and causing all manner of concern. The agency’s propensity for asking for additional evidence has increased this past year, and has been on the steady rise for several years now.
Here’s the alert:
USCIS Extends Flexibility for Responding to Agency Requests
Release Date 12/18/2020
In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain:
- 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;
- Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant;
- 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.
Notice/Request/Decision Issuance Date:
This flexibility applies to the above documents if the issuance date listed on the request, notice, or decision is between March 1, 2020, and Jan. 31, 2021, inclusive.
Response Due Date:
USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, we will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before we take any action.
We are adopting several measures to protect our workforce and community and to minimize the immigration consequences for those seeking immigration benefits during this time.
USCIS will provide further updates as the situation develops and will continue to follow CDC guidance. Education and precautions are the strongest tools against COVID-19 infection. Please visit uscis.gov/coronavirus for USCIS updates. Last Reviewed/Updated: 12/18/2020