U.S. offering breaks on immigration deadlines due to pandemic — but higher fees await
After immigrants apply for immigration benefits and submit their forms with the all the requirements, it is common for immigration authorities ask for more evidence to establish eligibility in support of their visa, green card, asylum and citizenship through naturalization petitions.
These Citizenship and Immigration Services (USCIS) requests and notifications give applicants the opportunity to intervene by providing more documentation or correcting mistakes before adjudicators close or denied their cases.
As the pandemic has slowed the agency’s work pace since it normalized operations on June 4, immigration authorities again extended more flexibility in the delivery deadlines to assist immigrants and foreigners responding to some requests. This relief measure was set to expire on Sept. 11.
The Department of Homeland Security’s agency decision aims to “minimize the immigration consequences for those seeking immigration benefits during this time,” USCIS said in a press release.
Given the conditions of the pandemic and new health protocols on the agency’s facilities, the immigration authority has had to make certain exceptions in its administrative management since March 30, among these granting greater flexibility in the delivery of immigration papers.
Green cards are only available to immigrants who fall under one of these categories
Immigrants get more time to respond to USCIS requests
On Friday, the agency announced in a statement that it will give applicants more time to respond to eight categories of requests, notices or decisions issued between March 1 and Jan. 1, 2021:
▪ Requests for Evidence (RFE)
▪ Notices of Intent to Deny (NOID)
▪ Notices of Intent to Revoke (NOIR)
▪ Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers (NOIT)
▪ Continuations to Request Evidence (N-14)
▪ Filing date requirements for Form I-290B, Notice of Appeal or Motion
▪ N-336, Request for a Hearing on a Decision in Naturalization Proceedings
▪ Motions to Reopen an N-400, Receipt of Derogatory Information After Grant
“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”, said the immigration agency, which recently averted furloughs of more than 13,000 employees.
“Additionally, we will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before we take any action.”
Great news for immigrants needing help to become U.S. citizens. For now, at least.
USCIS adjusts massive increases in immigration fees
Meanwhile, the agency recently published a policy guidance with the fee schedule and changes to immigration benefit request requirement.
Come Oct. 2, immigrants and foreign nationals in the U.S. will have to pay substantially more in fees to apply for many immigration and naturalization benefit requests, including an 81% increase in the cost of U.S. citizenship for naturalization.
USCIS will also now charge asylum-seekers, which is an unprecedented move. The American Immigration and Lawyers Association (AILA), along with eight other organizations, have sued the DHS agency new fees final rule.
“The new policy guidance describes the final rule’s adjustment in fees for specific forms,” USCIS said in a statement earlier this month.
“It also provides guidance on fee exemption and waiver policies, new premium processing time limits, modifications to intercountry adoption processing, and other changes made by the fee rule”, the agency added.
Here is the complete list of the USCIS forms impacted by the new increased fees.
You can also read this story in Spanish at el Nuevo Herald.
Daniel Shoer Roth is a journalist covering immigration law who does not offer legal advice or individual assistance to applicants. Follow him on Twitter @DanielShoerRoth or Instagram. The contents of this story do not constitute legal advice.
