USCIS Extends Flexibility Policies Due to Coronavirus

Alexander J. Segal's picture

Update: The USCIS has extended the flexibility policies described below through July 25, 2022. The policy now covers documents for which the issuance date is between March 1, 2020, and July 25, 2022, inclusive (see news release [link]). The USCIS suggests in its news release that this may be the final extension of the special COVID-19 form policies. The USCIS has also provided that it will consider Forms I-290B, Notice of Appeal or Motion, or Forms N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA) if the form was foiled 90 calendar days from the issuance of a decision rendered by the USCIS between November 1, 2021, and July 25, 2022.

Update: The USCIS has extended the flexibility policies described below through January 15, 2022. The policy now covers documents for which the issuance date is between March 1, 2020, and January 15, 2022, inclusive.

Update: The USCIS has extended [link] the flexibility policies described below through September 30, 2021. The policy now covers documents for which the issuance date is between March 1, 2020, and September 30, 2021, inclusive.

Update: The USCIS has extended [link] the flexibility policies described below through June 30, 2021. The policy now covers documents for which the issuance date is between March 1, 2020, and June 30, 2021, inclusive.

Update: The USCIS has extended [link] the flexibility policies described below through March 31, 2021. The policy now covers documents for which the issuance date is between March 1, 2020, and March 31, 2021, inclusive.

Update: The USCIS has extended [link] the flexibility policies described below through January 31, 2021. The policy now covers documents for which the issuance date is between March 1, 2020, and January 31, 2021, inclusive.

Update: The USCIS has extended [link] the flexibility policies discussed in this article through January 1, 2021. The policy now covers documents for which the issuance date is between March 1, 2020, and January 1, 2021, inclusive.

Update: On July 1, 2020, the USCIS extended the flexibility policy to cover certain forms with a notice of action date between March 1, 2020, and September 11, 2020.

On May 1, 2020, the United States Citizenship and Immigration Services (USCIS) announced that it is extending its policy of granting additional flexibility to applicants and petitioners responding to certain USCIS requests due to the coronavirus (COVID-19) outbreak [PDF version]. We covered the initial policy announcement on site [see blog].

The USCIS's flexibility policy applies to the following notices and forms:

Requests for Evidence;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny;
Notices of Intent to Revoke;
Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers; and
Filing date requirements for Form I-290B, Notice of Appeal or Motion.

The USCIS's flexibility policy applies only to the documents listed above and only if the relevant notice or decision is between March 1, 2020, and September 11, 2020.

Under the policy, the USCIS will consider responses to affected notices and forms so long as they are submitted within 60 calendar days after the response due date set in the request or notice. Regarding the Form I-290B, the USCIS will consider any affected Form I-290B that it receives up to 60 calendar days from the date of the relevant decision.

We will continue to update the site with more information about immigration issues affected by the coronavirus outbreak as it becomes available.

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USCIS Extends Flexibility Policies Due to Coronavirus