USCIS Announces Final Extension of Flexibility for Responding to RFEs through March 23, 2023 — Visa Lawyer Blog — January 26, 2023
In this post, we bring you great news regarding COVID-19-related flexibilities for responses to Requests for Evidence, NOIDs, and such related notices issued by the U.S. Citizenship and Immigration Services.
What do I need to know about this new update?
USCIS RFE/NOID Flexibility Continued for Responses to Agency Requests
USCIS announced that it will continue its flexibility policy giving applicants and petitioners more time to respond to Requests for Evidence during the COVID-19 pandemic.
On January 24, 2023, USCIS made the announcement that it will grant one FINAL extension to applicants who have received a request for evidence, notice of intent to deny, or such a related document, an additional 60 calendar days after the response deadline indicated on the notice or request, to submit a response to a request or notice, provided the request or notice was issued by USCIS between March 1, 2020, through March 23, 2023. This is great news because it will allow applicants and petitioners more time to gather documents that are hard to obtain during the COVID-10 pandemic.
What documents qualify for this flexibility in responding?
Applicants who receive any of the below mentioned documents dated between March 1, 2020 and March 23, 2023 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;
- Notices of Intent to Terminate regional investment centers;
- Notices of Intent to Withdraw Temporary Protected Status; and
- Motions to Reopen an N-400 pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.
In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, if:
- The form was filed up to 90 calendar days from the issuance of a decision made by USCIS: and
- USCIS made that decision anytime from November 1, 2021, through March 23, 2023.
Additionally, USCIS has announced that the reproduced signature flexibility announced in March, 2020, became permanent policy on July 25, 2022.
Will there be another extension after March 23, 2023?
No. In their announcement USCIS stated that this will be the final extension of COVID-19 related flexibilities. Requesters will need to comply with response requirements in any requests for evidence or notices dated after March 23, 2023.
For more information about this guidance please click here.
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