On January 24, 2023 U.S. Citizenship and Immigration Services (USCIS) announced another extension of certain COVID-19-related flexibilities, now through March 23, 2023.
The Department of Homeland Security (DHS) originally implemented the temporary flexibility in complying with certain USCIS deadlines due to COVID-19 in March 2020. This temporary policy was expanded and extended several times due to ongoing pandemic conditions. At this time, USCIS advises that it anticipates that, barring changes presented by the pandemic, this will be the final extension of these accommodations. This means requesters must comply with the response requirements set forth in any request or notice dated after March 23, 2023, and consistent with permanent flexibility offered due to unforeseen circumstances.
Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and March 23, 2023, inclusive:
- Requests for Evidence;
- Continuations to Request Evidence (N-14);
- Notices of Intent to Deny;
- Notices of Intent to Revoke;
- Notices of Intent to Rescind;
- Notices of Intent to Terminate regional centers;
- Notices of Intent to Withdraw Temporary Protected Status; and
- Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.
In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:
- The form was filed up to 90 calendar days from the issuance of a decision USCIS made; and
- USCIS made that decision between Nov. 1, 2021, and March 23, 2023, inclusive.
As a reminder, the reproduced signature flexibility originally announced in March 2020 became a permanent policy on July 25, 2022.
You may obtain USCIS updates related to COVID-19 at uscis.gov/coronavirus. For more information on permanent flexibilities offered to petitioners, visit USCIS’ Immigration Relief in Emergencies or Unforeseen Circumstances page.
Alka Bahal is a Partner and the Co-Chair of the Immigration Practice of Fox Rothschild LLP, specializing in corporate immigration law and compliance. Alka is situated in Fox Rothschild’s Morristown, New Jersey office though she practices throughout the United States and at Consulates worldwide. You can reach Alka at (973) 994-7800, or email@example.com.