USCIS Extends Flexibility Policies Due to Coronavirus

Update March 2023: The USCIS terminated the COVID flexibility policies on March 23, 2023. The policies will apply to affected forms filed on March 23, 2023 or earlier, or, in the case of decisions related to the Form I-290B and Form N-336, decisions entered on March 23, 2023 or earlier. The policies do not apply to forms dated March 24, 2023 or later or to decisions entered on March 24, 2023 or later. Please see our full article for more information [see article].

Update: The USCIS is extended the policies described below through March 23, 2023 [link]. The USCIS states that it expects that this will be the final extension of the pandemic flexibility policies, but no final decision has been made regarding the possibility of another extension. Please note that the USCIS will also consider Forms I-290B and N-336 if the form was filed within 90 days from the issuance of a decision and the decision was made between November 1, 2021, and March 23, 2023, inclusive.

The policies have been extended numerous times since they were firs implemented in 2020. You will find our previosu updates at the bottom of the post.

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.

Previous update notes

Update: The USCIS has extended the flexibility policies described below through July 25, 2022. 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].