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USCIS has extended flexibility on responding to requests

On March 30, USCIS announced that it would grant flexibility on responding to certain USCIS requests and notices like Requests for Evidence, Notices of Intent to Deny, filing date requirements on some forms, and more. The flexibility meant that USCIS would accept responses received within 60 days after the listed response due date. On July 1, USCIS announced that it is extending that flexibility for notices issued through September 11, 2020.

USCIS and Covid 19 and RFE’s

In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it is adopting a measure to assist applicants and petitioners who are responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020.
For applicants and petitioners who receive an RFE or NOID dated between March 1 and May 1, 2020, any responses submitted within 60 calendar days after the response deadline set forth in the RFE or NOID will be considered by USCIS before any action is taken.
USCIS is adopting several measures to protect our workforce and community, and to minimize the immigration consequences for those seeking immigration benefits during this time.

Another win for Law Offices of Brian D. Lerner

After nearly 6 years, Client’s application for adjustment of status (AOS) as the battered spouse of a U.S. citizen was approved by USCIS.  Client’s initial I-360 was approved by USCIS but at the adjustment stage was revoked and his application for adjustment of status was denied.  He then filed a second I-360 which was again approved and he again filed for AOS.  His second application was pending for over 2 years and after several Requests for Evidence his application was approved and he is now a lawful permanent resident.

USCIS’s can now issue denials without an RFE under certain circumstances

USCIS’s new guidance regarding the discretion to deny an application, petition, or request without first issuing an RFE or NOID in certain circumstances will take effect next Tuesday, September 11, 2018.
Another hit on due process. However, going to court is always an option.

Another Win for the Law Offices of Brian D. Lerner

I-751 Divorce Waiver approved. Client retained us after he had received an RFE on a joint I-751 but he had since separated from his wife. We filed the necessary documents and then appeared at his interview. A second RFE was issued requesting Client’s final divorce decree, a statement in his own words and a request to change the case from a joint filing to a divorce waiver. Case approved 1 year after 2nd RFE.

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