On July 25, 2022, the flexibility periods for responding to U.S. Citizenship and Immigration Services (USCIS) requests and for filing forms I-290B and N-336 will expire. USCIS had previously stated in an announcement on March 30, 2022, that these accommodations would likely end on July 25, 2022. Accordingly, applicants, petitioners, and requestors will be expected to respond to agency requests issued on July 26, 2022, or later, by the response due date listed in the USCIS request.
In response to the COVID-19 pandemic, USCIS extended certain flexibilities to assist applicants, petitioners, and requestors. Currently, USCIS will accept responses received within sixty calendar days after the due date set forth in the following requests or notices before taking any action, if the issuance date listed on the request or notice is between March 1, 2020, and July 25, 2022, 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
- Motions to Reopen an N-400 Pursuant to 8 C.F.R. 335.5, Receipt of Derogatory Information After Grant
Forms I-290B and N-226
In addition, USCIS has accepted 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), if:
- the form was filed up to ninety calendar days from the issuance of a USCIS decision; and
- the decision was rendered between November 1, 2021, and July 25, 2022, inclusive.
Ogletree Deakins’ Immigration Practice Group will continue to monitor developments with respect to these and other policy changes and will post updates on the Immigration blog and in the firm’s Coronavirus (COVID-19) Resource Center as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.