Received RFE, NOID, or NOIR From USCIS Between March 2020 and January 2021? You Might Have Extra Time to Reply

September 11, 2020 You might have an additional 60 calendar days to get your request for evidence (RFE) or notice of intent to deny (NOID) to USCIS.

** LEGAL UPDATE **

With the whole world slowing down in response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services (USCIS) has announced it will give applicants and petitioners who are responding to various requests for more information more time, if the notices were dated between March 1, 2020 and (after an extension) January 1, 2021.

This applies to requests for evidence (RFEs), notices of intent to revoke (NOIRs) and notices of intent to deny (NOIDs). (The addition of NOIRs came in a later announcement, on March 30.)

It also applies to Form I-290B, used to appeal various decisions by U.S. immigration authorities.

That means if you receive a negative USCIS decision between March 1, 2020 and January 1, 2021, you have 60 days on top of the usual filing deadlines (between 15 and 33 days, depending on the type of decision and whether it was given to you in person or by mail).

USCIS is also giving regional investment centers (by which people obtain EB-5 investor visas) more time in which to respond to a notice of intent to terminate (NOIT) or a notice of intent to rescind.

If you receive any of the above from USCIS within that time period, you have an additional 60 calendar days after the response deadline that USCIS stated in the RFE or NOID to get your answer in.

For tips on preparing your response, see Received a NOID (Notice of Intent to Deny) After Marriage-Based Green Card Interview: What to Do? or How to Handle a Request for Evidence (RFE) From USCIS.

Find the latest government information at uscis.gov/coronavirus.

Effective Date: September 11, 2020