USCIS Announces Flexibility in RFE and NOID Deadlines Due to COVID-19 Pandemic

Today, the United States Citizenship and Immigration Service (USCIS) announced that it would provide extra flexibility with respect to deadlines for submitting Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). More specifically, while Petitioners are typically given between 30 and 84 days to response to RFEs and NOIDs, USCIS has stated that for RFEs and NOIDs dated between March 1 and May 1, 2020, any responses submitted within 60 calendar days after the initial response deadline will be considered by USCIS before any action is taken. 

What this appears to mean is that so long as RFEs and NOIDs are filed within 60 days of the initial response deadline, USCIS will not consider the late filing, alone, as a basis for denying the petition for failure to timely respond to an RFE or NOID.

UPDATE: On March 30, 2020, USCIS announced that it would also extend the same deadline flexibility to Notices of Intent to Terminate (NOITs) regional investment centers and Notices of Intent to Revoke (NOIRs). In addition, Form I-290B motions and appeals received up to 60 calendar days from the date of the decision will be considered by USCIS before it takes any action. This will apply to relevant filings where the issuance date listed on the request, notice, or decision is between March 1, 2020 and May 1, 2020, inclusive. 

UPDATE: On May 1, 2020, USCIS extended the window in which cases would be considered for deadline flexibility to cases filed between March 1 and July 1, 2020, inclusive. 

UPDATE: On July 1, 2020, USCIS extended the window in which cases would be considered for deadline flexibility to cases filed between March 1 and September 11, 2020 inclusive. 

UPDATE: On September 11, 2020, USCIS extended the window in which cases would be considered for deadline flexibility to cases filed between March 1, 2020, and January 31, 2021 inclusive. 

UPDATE: On January 27, 2021, USCIS extended the window in which cases would be considered for deadline flexibility to cases filed between March 1, 2020 and March 31, 2021 inclusive. 

UPDATE: On March 24, 2021, USCIS extended the window in which cases would be considered for deadline flexibility to cases filed between March 1, 2020 and June 30, 2021 inclusive.

UPDATE: On June 24, 2021, USCIS extended the window in which cases would be considered for deadline flexibility to cases filed between March 1, 2020 and September 30, 2021 inclusive.