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USCIS Extends Policy Allowing for Flexibility in Responding to RFEs, NOIDs, and Decisions During COVID-19 Outbreak

On May 1, 2020, the United States Citizenship and Immigration Services (“USCIS”) announced that on account of the continuing COVID-19 pandemic, it is extending and expanding its policy first announced on March 27, 2020 of increasing the amount of time applicants and petitioners have to respond to certain action taken by the USCIS. The policy applies to the following USCIS requests, notices, and decisions dated between March 1, 2020, and July 1, 2020:

  • Requests for Evidence;
  • Continuations to Request for Evidence (N-14);
  • Notice of Intent to Deny;
  • Notices of Intent to Revoke;
  • Notices of Intent to Rescind;
  • Notices of Intent to Terminate Regional Investment Centers; and
  • Decisions which can be appealed or reopened or reconsidered by the filing of a Form I-290B, Notices of Appeal or Motion.

Under the extended policy, USCIS will consider a response to the above-referenced requests and notices received within 60 calendar days after the response due date set forth in the request or notice before taking action.  In addition, USCIS will consider a Form I-290B, Notice of Appeal in Motion to Reopen or Reconsider, received up to 60 calendar days from the date of the decision before it takes any action.

If you would like further information on the COVID-19 extensions of time or are seeking representation before the USCIS with regard to a request, notice, or decision or any other immigration problem, please contact one of the following attorneys in our immigration practice group.

Kalman D. Resnick at kresnick@hsplegal.com
Robert W. Krug at rkrug@hsplegal.com
Ian D. Wagreich at iwagreich@hsplegal.com
William B. Schiller at wschiller@hsplegal.com
Chirag Badlani at cbadlani@hsplegal.com
Kendra Scheuerlein at kscheuerlein@hsplegal.com
Kelli Fennell at kfennell@hsplegal.com

For the duration of the stay-at-home order issued by Illinois Governor J.B. Pritzker to protect Illinois residents from the Coronavirus, all HSPRD attorneys are working remotely and available for consultations by phone or video.

The full text of the May 1, 2020 announcement can be found at: https://www.uscis.gov/news/alerts/uscis-extends-flexibility-responding-agency-requests

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