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Opinion

USCIS updates

US IMMIGRATION NOTES - Atty. Marco F.G. Tomakin - The Freeman

This week let me share with you a couple of updates from the USCIS which are very important as it affects the timeliness of submitting your applications or petitions before the agency.

Firstly, USCIS has announced that it is extending its flexibilities it previously announced on March 30, 2020 in order to assist applicants, petitioners and requestors who are responding to certain issuances required by USCIS. These are the following:

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 CFR 335.5, Receipt of Derogatory Information After Grant;

Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or

Filing date requirements for Form I-290B, Notice of Appeal or Motion.

This flexibility applies to the above documents if the issuance date listed on the request, notice, or decision is between March 1, 2020, and Jan. 31, 2021, inclusive.

USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, it will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before it takes any action.

Secondly, the USCIS lockbox facilities have received a significant increase in filings in recent weeks. This increase, along with facility capacity restrictions necessary to protect the health and safety of the lockbox workforce during the COVID-19 pandemic, is causing significant delays for processing receipt notices.

If you properly filed your form, USCIS will send a receipt notice to the mailing address provided on your form, normally within 30 days. If your submission is incomplete or improperly filed, the agency will reject it per current procedures.

Please be proactive in your submissions by taking steps to decrease the time it takes USCUS to process and send their receipt notices. Make sure you review and complete your form, which must be the latest version, and duly dated and signed. Check if the fees are correct as well as the filing address. If your form is eligible for online filing, please do so as it is the best and fastest way to ensure that your submission is timely received.

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USCIS

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