What does the USCIS deadline extension mean?

Jan 15

If you are in the process of requesting an immigration benefit from USCIS, you may have received a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) or some other type of request from USCIS. If that is the case, USCIS should 1) notify you in writing of what it needs and 2) tell you when your response is due.

Because COVID-19 has thrown all of our lives into upheaval, USCIS has extended the response time for some of their requests. How does it work?

As of December 31, 2021, if you received any of the following and the notice was dated anytime between March 1, 2020 and March 26, 2022, you have an additional 60 days from the stated deadline to respond 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;
Notices of Intent to Terminate regional centers; and
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

This means that if you received a NOID dated January 2, 2022 and you were given 30 days to respond, your due date would normally be February 1, 2022 (add 30 days). Now you have an additional 60 days from February 1, 2022 to respond, so your response is now due on April 2, 2022. Do you need to notify USCIS that you are utilizing your extra days? No! When you submit your response, reference the additional days in your cover letter (ALWAYS check the USCIS website to make sure you are eligible to use the additional days) and note your new due date.

Please note! If you are filing an 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), you have 90 days “from the date of decision to file as long as the decision was issued between Nov. 1, 2021, and March 26, 2022, inclusive.”

If you need assistance responding to a request or a denial from USCIS for a family-related immigration matter, call our office at 757-775-8526 for an appointment.

*None of this information should be construed as legal advice. It is for informational purposes only.

** Information above retrieved from USCIS Extends Flexibility for Responding to Agency Requests | USCIS.