The USCIS this week has added additional flexibilities for certain applicants and petitioners seeking immigration benefits in the United States. Specifically, the USCIS released a memo on March 30th as it relates to applicants or petitioners who have received an RFE—Request for Evidence, as well as applicants who have received a NOID—Notice of Intent to Deny. In addition, the USCIS has also changed one policy as it relates to those who have requested a hearing on their naturalization decision via form I-290B.[1]
The agency has made it official that applicants or petitioners who have received an RFE will now have an extended grace period to respond to the USCIS. Right now, if you have received an RFE from the USCIS, you will have 60 days past the initial due date to send in your response and respective evidence. The memo that the USCIS has posted on their internal board might be confusing, as it notes that flexibilities have been extended through July 25th, 2022.
Please note that this is not the deadline to submit your RFE, but rather that you will have an additional 60 days until the flexibility deadline has been reached. This extension pertains to applicants or petitioners who submitted their initial application after March 1st, 2020.
Notice of Intent to Deny (NOID)
The same ruling will apply to those applicants who have been sent a Notice of Intent to Deny. Normally, applicants who have received a NOID will only have 30 days to respond to the USCIS, however now such applicants will also have an additional 60 days before the agency will take any action on their case.
Naturalization
Finally, if the USCIS rejected your N-400, Application for Naturalization on or after November 1st, 2021, the amount of days for requesting a hearing has changed. Previously, the USCIS only accepted Form I-290B if it was submitted within 60 days of the naturalization decision. Now this form will be accepted up to 90 days after an initial decision was reached on ones naturalization application.
