Back to Top skip to main content
GandS U.S. Immigration Logo
Jan 29, 2021

USCIS Extends Flexible Response Times for Certain Filings in Light of COVID-19 Pandemic

Gregory J. Eck

On March 30, 2020, in response to the global COVID-19 pandemic, the U.S. Citizenship and Immigration Service (USCIS) announced that it was adopting measures to assist applicants and petitioners who are responding to certain Requests for Evidence (RFE) and Notices of Intent to Deny (NOID) and other filings. Specifically, the measures held that any response to an RFE, NOID, Notices of Intent to Revoke (NOIR), or Notices of Intent to Terminate (NOIT) received within 60 calendar days after the response due date set in the request or notice would be accepted and considered by USCIS before any action is taken. The flexibility measures also extended to any Form I-290B received up to 60 calendar days from the date of the decision being challenged. 

On March 28, 2021, USCIS announced that these same flexibilities have been extended for an indeterminate period of time.  The brief announcement simply reiterates that USCIS will continue to extend flexibility for the filing of certain responses to government requests or notices, and confirms that USCIS will continue to consider a response to the above-noted requests and notices if they are received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, USCIS will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before the Service takes any action.  The precise notices and responses that benefit from this extended flexibility are:

  • 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;
  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant; and
  • Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA).

Green and Spiegel welcomes the extension of this greater flexibility by USCIS as the nation and the world continue to cope with the effects of the COVID-19 pandemic.  We will continue to monitor the situation and will report here with updates as needed.

Related Team

Greg Eck Team Page

Gregory J. Eck

(215) 395-8959

(215) 395-8959

email Gregory

Philadelphia (US Headquarters)

Full Biography

Gregory J. Eck

Recent Blogs

Feb 25, 2021

Biden Administration Lifts Suspension of Immigrant Visa Issuance

On February 24, 2021, the Biden Administration issued a Presidential Proclamation that reversed President Trump’s EO that, for more than 10 months, has prevented many foreign nationals physically outside the United States from obtaining an Immigrant Visa which, upon issuance and admission to the United States, would automatically convert the individual to a U.S. Lawful Permanent Resident (“LPR”). Passed under the guise of protecting the U.S. workforce since LPRs are permitted to accept any and all forms of employment, in effect, the ban served to keep close family members of U.S. Citizens and Permanent Residents, diversity visa lottery winners, key employees, and others from obtaining the Immigrant Visa that would permit them to assume LPR status. Learn more in this blog.

Feb 24, 2021

BREAKING NEWS: USCIS Extends Premium Processing for E-3 Australian Specialty Worker Petitions

On February 24, 2021, the U.S. Citizenship and Immigration Service (USCIS) announced that it would immediately provide the option of Premium Processing for petitioners filing Form I-129, Petition for a Nonimmigrant Worker, requesting a change or extension of status to E-3 classification, which applies only to Australian nationals coming to the U.S. to perform services in a specialty occupation. The USCIS premium processing service allows petitioners to pay an additional filing fee of $2500 to ensure a government response within fifteen days. Until now, this service was not available for the E-3 category. Learn more in this blog.

Feb 23, 2021

Supreme Court to Hear Challenge to “Public Charge Rule”

On February 22, 2021, the Supreme Court agreed to hear arguments and determine the legality of the Trump Administration’s immigration rule that bars individuals from receiving residency if they previously received public benefits. The rule is commonly referred to as the “public charge rule.” Legal challenges to the rule have wound their way through the federal court system and now the final decision about the validity of the public charge rule rests with the Supreme Court. Learn more in this blog.