USCIS has announced flexibility for those receiving either a Request for Evidence [RFE] or Notice of Intent to Deny [NOID] in the period between March 1, 2020, to May 1, 2020. This has been done in view of the current situation because of COVID-19.
As per the announcement, for all those applicants and petitioners receiving an RFE or a NOID between March 1 and May 1, 2020, any responses that are submitted within 60 working days after the deadline for the response laid down in the NOID or RFE to be considered by USCIS prior to any action being taken in this regard.
The flexibility provided is part of the various measures being adopted by USCIS for protecting the community as well as the workforce in the US. This is also an attempt at minimizing the immigration consequences for all those seeking immigration benefits in the period mentioned.
As per the News Alert by USCIS, further updates will continue to be provided keeping in view the developing situation.
A Request for Evidence [RFE] is issued when USCIS requires further information for proceeding with the application submitted. Usually 30 to 90 days is given for responding to a RFE. Receiving a RFE does not necessarily mean that the application will be denied. A RFE is different from a NOID.
A Notice of Intent to Deny [NOID] should be taken more seriously than a RFE. A NOID denotes that though the reviewing officer at USCIS has found there to be sufficient initial evidence, the applicant might nonetheless be considered to be ineligible for the immigration benefit applied for.
Though not an official denial, a NOID, if not duly responded to with convincing evidence to show the reason that the application should be approved, will be followed up by a Notice of Action.
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