UPDATE MAY 4, 2020: USCIS has announced additional flexibility for agency requests.

In response to the coronavirus (COVID-19) pandemic, US Citizenship & Immigration Services (USCIS) announced that the agency is adopting a measure to assist applicants and petitioners responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020. Applicants and petitioners who receive an RFE or NOID dated between March 1 and May 1, 2020 and submit any responses within sixty calendar days after the response deadline specified in the RFE or NOID will have the response considered by USCIS before any action is taken. The agency notes they are adopting several measures to protect their workforce and community at this time as well as to minimize the immigration consequences for those seeking immigration benefits during this time. USCIS will provide further updates as the situation develops.

UPDATE MARCH 31, 2020: USCIS has clarified that the outlined flexibility regarding submitting RFEs and NOIDs also applies to certain Notices of Intent to Revoke (NOIR) and Notices of Intent to Terminate (NOIT) regional investment centers, as well as certain filing date requirements for Form I-290B, Notice of Appeal or Motion. Specifically, the flexibility applies to an RFE, NOID, NOIR, NOIT or appealable decision within AAO jurisdiction and the issuance date listed on the request, notice, or decision is between March 1, 2020 and May 1, 2020, inclusive.

USCIS specifies that any response to an RFE, NOID, NOIR, or NOIT received within sixty calendar days after the response due date set in the request or notice “will be considered by USCIS before any action is taken.” Additionally, any Form I-290B received up to sixty calendar days from the date of the decision will also be considered by USCIS before the agency takes any action. We will post any additional updates from USCIS as we receive them.