In response to the COVID-19 pandemic, on March 1, 2020, the U.S. Citizenship and Immigration Services (USCIS) announced a policy which provided flexibility for responding to requests for evidence, denials, and other requests. For any Request for Evidence (RFE) or any Notice of Intent to Deny, Revoke, Rescind, or Terminate issued by USCIS on or after March 1, 2020, USCIS would consider a response that is received within 60 calendar days of the response due date listed on the Request or Notice as timely filed. Additionally, if USCIS denied a petition or application on or after March 1, 2020, the deadline for filing a Notice of Appeal or Motion, which is typically 30 days (or 33 days if the decision is mailed), was extended to 60 or 90 calendar days from the date the decision was made, depending on the date.
This flexibility offered many people the additional time necessary to properly respond to USCIS requests during this unprecedented pandemic. However, as one sign of the increasing return to a sense of normalcy, USCIS has now ended this flexibility.
For any USCIS Notices or Requests for evidence issued after March 23, 2023, you must comply with the response due date listed on the Notice or Request. Additionally, the deadline for filing a Notice of Appeal or Motion related to a denied petition or application has returned to the typical 30 days (or 33 days if the decision is mailed) after the date of the denial.
If you need assistance with responding to an RFE, responding to a Notice of Intent to Deny, or filing a Notice of Appeal or Motion for an application or petition which has been denied, please reach out to us at David Swaim & Associates, P.C. for a discussion of your options.