U.S. Citizenship and Immigration Services (USCIS) announced today that it would extend flexible measures for responding to certain requests and notices from the agency.

The agency first introduced the measures in March 2020 because of COVID-19 and has extended them numerous times, most recently in September 2021.

Key Points:

  • Under the extension, petitioners and applicants will continue to have an additional 60 days beyond the due date to respond to certain requests and notices issued by USCIS.
  • The extension applies to the following documents with an issuance date between March 1, 2020, and March 26, 2022, inclusive.
    • Requests for Evidence.
    • Continuations to Request Evidence (N-14).
    • Notices of Intent to Deny.
    • Notices of Intent to Revoke.
    • Notices of Intent to Rescind.
    • EB-5 Regional Center Notices of Intent to Terminate.
    • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

Additional Information: 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 (Under Section 336 of the INA), if:

  • The form was filed up to 90 calendar days from the issuance of a decision; and
  • USCIS made the decision between Nov. 1, 2021, and March 26, 2022, inclusive.

Under previous extensions, USCIS considered a Form I-290B or a Form N-336 if the form was filed up to 60 calendar days from the issuance of a decision by USCIS. More information on USCIS’ response to the pandemic is available here.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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