Great news regarding responding to deadlines set by USCIS. A couple of days ago USCIS announced that they are extending the flexibility in responding to their Notices. Originally announced in March 2020, now it is continued, USCIS will grant additional time for applicants to respond.
What notices does this USCIS notice apply to?
To help applicants, petitioners, and requestors who are responding to certain:
- Requests for Evidence;
- Notices of Intent to Deny; Notice of Intent to Revoke; Notice of Intent to Rescind; and
- Motions to Reopen an N-400
What does this update actually mean?
If you received any notice from USCIS that sets a date for you to respond, and the notice bears a date From March 1, 2020 and March 26, 2022, USCIS is giving extra time. For example if you received a Request for Evidence dated December 20, 2021 which says you have 30 days to respond, USCIS is granting more time to respond.
How Much more time do I have to respond?
60 calendar days after the response due date set in the request or notice.
This flexibility applies to the documents above if the issuance date listed on the request. But only for notice or decision issued between March 1, 2020, and March 26, 2022. USCIS will accept responses received within 60 calendar days after the response due.
Is there a special rule regarding deadlines to file an Appeal?
Yes, there is a special deadline, For Form I-290B, Notice of Appeal or Motion, or Form N-336, USCIS will consider as follows:
- The form was filed up to 90 calendar days from the issuance of a decision; and
- USCIS made that decision between Nov. 1, 2021, and March 26, 2022.
Should I respond with the original deadline or should I take my time and respond with the extended deadline?
I know that USCIS has erroneously denied cases even though the response was within the extended deadline. If you can respond within the original deadline, I would do everything possible to do that.
