End of USCIS Automatic Extensions

Yesterday marked the end of USCIS’s flexibility with responding to certain notices.  From March 1, 2020 through March 23, 2023, if USCIS issued one of these:

  • Request for Evidence;
  • Continuation to Request Evidence (N-14);
  • Notice of Intent to Deny;
  • Notice of Intent to Revoke;
  • Notice of Intent to Rescind;
  • Notice of Intent to Terminate regional centers;
  • Notice of Intent to Withdraw Temporary Protected Status; or
  • Motion to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant

then the applicant received 60 extra days to respond. If there was a denial on case and an I-290B had to be filed, applicants were given a full 90 days to respond.

For requests and decisions issued on or after March 24, 2023, we have to go by the date listed on the notice. This means that for some cases, particularly denials, applicants will only have 33 days to respond. Having the extra time has been amazing – it allowed us more time to gather evidence, work with courts (when necessary), and deal with mail delays. In truth, mail delays are right now my biggest worry. It’s taking us a week or longer to receive mail from the Atlanta USCIS Field Office – 20 minutes from our office. If we have just 33 days to respond, then 1/4 of our response time is eaten up by USPS.

If you receive one of the above notices after March 24th, it is SO important to contact your attorney, or find an attorney, immediately.

-Tracie