On March 30, 2022, U.S. Citizenship and Immigration Services (USCIS) extended until July 25, 2022, for COVID-19 reasons, the response time for certain Requests for Evidence (RFEs) and other similar response-based notices and requests, and also filing date requirements for the Type I-290B form.
In this article, we provide the specifics of this Biden Administration decision.
Summary of the Decision
Due to the COVID-19 pandemic, U.S. Citizenship and Immigration Services (USCIS) is extending the response time for certain applications, notices, and agency decisions until July 25, 2022 to assist applicants, petitioners. We anticipate that this could be the last extension of these flexibilities. USCIS will consider a response given within 60 calendar days after the due date indicated in the following requests or notices before taking any action, if the issue date listed on the request or notice is between March 1, 2020 and July 25, 2022.
What are the basic points of the decision?
The administration’s decision to extend the response time for certain requests, notices, and agency decisions revolves around 4 basic points. These points are:
- USCIS is again extending the time to respond to certain requests, notices, and decisions due to COVID-19 until July 25, 2022.
- USCIS first announced COVID-19 flexible measures on March 20, 2020
- This applies to the response time allowed for certain applications, notices, and decisions issued from March 1, 2020 through January 15, 2022.
- USCIS will receive responses to eligible requests, notices, and decisions within 60 calendar days of the response deadline before taking any action.
What documents are affected by this decision?
Flexible action applies to the following documents:
- Requests for Evidence ;
- Suite to Request Evidence (N-14);
- Notice of Intent to Deny ;
- Notice of Intent to Revoke ;
- Notice of Intent to Cancel ;
- Notice to terminate regional centers ;
- Motions to reopen an N-400 in accordance with 8 CFR 335.5, Receipt of waiver information after grant.
In addition, USCIS will review a Form N-336, Request for Hearing on a Decision in a Naturalization Proceeding, or a Form I-290B, Notice of Appeal or Petition, provided that a decision was made between March 1, 2020, and January 15. 2022, and the form was filed within 60 days of the date the agency issued its decision.
What do employers and applicants need to know?
Before taking any action, USCIS will review responses to the above requests and notices received within 60 calendar days of the response deadline specified in the request or notice.
History of USCIS notices on this flexibility since March 2020.
USCIS is extending its flexibility to respond to agency requests on December 30, 2021
USCIS extends flexibility to meet agency requests September 24, 2021
USCIS extends flexibility to meet agency requests June 24, 2021
USCIS expands flexibility to meet agency demands March 24, 2021
USCIS expands flexibility to meet agency demands January 28, 2021
USCIS expands flexibility to meet agency demands September 11, 2020
USCIS expands flexibility to meet agency demands July 1, 2020
USCIS expands flexibility to meet agency demands May 1, 2020
USCIS expands flexibility to meet USCIS requests March 30, 2020
USCIS announces flexibility in requests for evidence and notices of intent to deny March 27, 2020.
Do you need help?
Do you need help navigating the complex immigration laws and procedures? We can help.
Simply schedule a consultation with one of Herman Legal Group‘s experienced immigration attorneys by calling 1-216-696-6170, or by booking online. Consultations can be conducted via zoom, skype, whatsapp, facetime, or in office.
The USCIS does have guidelines for people entering their offices due to the COVID-19 pandemic. You should call first to make sure your service center is open.
a. Visitors cannot enter the office if you:
- Have any symptoms of COVID-19, including cough, fever, or difficulty breathing
- Have been in close contact with anyone known or suspected to have COVID-19 in the last 14 days
- Have been individually directed to self-quarantine or self-isolate by a health care provider or public health official within the last 14 days.
b. Visitors can’t enter the building more than 15 minutes before their scheduled appointment.
c. Visitors must wear facial covering the cover the nose and the mouth. The facility may provide one or you may be asked to reschedule if you don’t have a facial covering.
d. Hand sanitizer will be provided at the entry points.
e. You may not enter the facility more than 15 minutes before their appointment (30 minutes for naturalization ceremonies).
f. Visitors must follow social distancing guidelines by observing the markings, signs, and physical barriers
g. Visitors should expect that they may be asked health screening questions.
h. Visitors should bring their own blue or black pen so they don’t have to use a pen handled by other people
Additional instructions may be provided on any appointment notices.
More information on visiting USCIS facilities can be found at uscis.gov/visitorpolicy.
Visitors include only the following:
- The applicant
- A lawyer or authorized representative. Alternatively, a lawyer or authorized representative may assist by telephone. The applicant should notify the officer so the officer can contact the lawyer/representative “via the phone number listed on the Form G-28, Notice of Entry of Appearance of Attorney or Accredited Representative.”
- Someone who can provide disability assistance (including a family member)
“Unless requested by USCIS, interpreters should be available via telephone for the interview. The interpreter should provide the applicant with a valid phone number where they can be reached by USCIS at the time of the interview. If it is determined that an interpreter should be physically present at the interview and is unavailable at the time of the interview, the interview may be rescheduled.”
“If an applicant needs a Sign Language Interpreter or Certified Deaf Interpreter, they should reach out to the USCIS Contact Center online or call 1-800-375-5283 as soon as possible after receiving their interview notice.”
Due to added COVID-19 security measures at our ASCs, you may experience:
- A longer wait time to receive your biometrics appointment notice
- Restrictions limiting access to ASCs
- Longer biometrics collection times
Rescheduling of Cancelled ASC Appointments
If an interview or appointment was canceled due to an office closure (due to COVID-19) the ASC will reschedule the appointment and send “notifications of biometrics reuse to eligible individuals.” If you don’t receive an appointment notice or biometrics notice within 90 days of the office reopening – call 800-375-5283.
USCIS doesn’t automatically reschedule appointments for Canadian and United Kingdom visa applicants.
- Canada Visa Applicants: visit the Immigration, Refugees, and Citizenship Canada website for updated information.
- UK Visa Applicants: visit the UK Visas and Immigration website for updated information.
Call Herman Legal Group at 1 (216) 696-6170 or complete our contact form to speak with us how COVID-19 affects your B-1 or B-2 EOS or COS application.
On April 13, 2020, the US Department of Homeland Security issued a press release due to the COVID-19 pandemic – as to how the pandemic applies to immigration-related issues.
DHS is working to protect Americans and American communities – including considering policies to help improve US working conditions during the pandemic.
The DHS announced the following options for nonimmigrants who need to “remain in the United States beyond their authorized period of stay due to COVID-19.”
Apply for an extension
One fundamental way to reduce the consequences of COVID-19 on nonimmigrants is to file an extension of stay (EOS) application or a change of status application (COS) in a timely manner. USCIS is continuing to accept and process these applications and petitions. The forms should be available online.
Be sure to file your EOS/COS request in a timely manner
If you file your EOS/COS application before your expiration date, nonimmigrants generally do not accrue unlawful presence – while the application is pending.
“Where applicable, employment authorization with the same employer, subject to the same terms and conditions of the prior approval, is automatically extended for up to 240 days after I-94 expiration when an extension of stay request is filed on time.”
There is some flexibility for late applications
USCIS is considering COVID-19 pandemic delays in deciding “whether to excuse delays in filing documents based on extraordinary circumstances.
“ The USCIS does have the discretion to excuse a failure to file a timely Form I-129 or Form I-539 request it if was due to extraordinary circumstances beyond the applicant’s control. COVID-19 is generally considered an extraordinary circumstance.
- The length of the delay must match the circumstances
- The EOS/COS request is subject to current regulations and our Special Situations page
- The applicant must supply credible evidence and documentation to support their EOS/COS request.
- Each request is considered on a case-by-case basis.
- Some of the guidelines the USCIS has are those that have been used in the past for natural disasters and other crises.
Additional information about COVID-19 related requests is governed by 8 CFR 214.1(c)(4) and 8 CFR 248.1(c). Applicants need to dot the I’s cross the t’s when filing either Form I-129 and Form I-539.
During the COVID-19 health care crises, the USCIS press release does indicate that COVID-19 may be a consideration for extending a person’s stay – if their entry into the United States was based on the Visa Waiver Program.
Normally applicants and petitioners can’t use the Visa Waiver Program to extend their American stay or change their nonimmigrant status. The USCIS does confirm in the press release that “if an emergency (such as COVID-19) prevents the departure of a VWP entrant, USCIS in its discretion may grant a period of satisfactory departure for up to 30 days.”
More information about emergency VWP stays due to COVID-19 can review at 8 CFR 217.3(a).
For those VWP entrants already granted satisfactory departure and unable to depart within this 30-day period because of COVID-19 related issues, USCIS has the authority to temporarily provide an additional 30-day period of satisfactory departure.
To request a satisfactory departure from USCIS, a VWP entrant should call the USCIS Contact Center.
Anyone who has any questions about how COVID-19 is affecting any aspect of USCIS policies and procedures should consult uscis.gov/coronavirus.
Contact an experienced immigration attorney if you or a loved has questions about seeking an extension of stay or change of status for any reason including COVID-19.