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Immigration News Briefs

Provided by Humera Subhani

October 2020

As a response to Covid-19, USCIS is extending the flexibility it announced on March 30, in responding to notices, if the issuance date listed on the request, notice, or decision is between March 1, 2020, and January 1, 2021.

• Requests for Evidence;

• Continuations to Request Evidence (N-14);

• Notices of Intent to Deny;

• Notices of Intent to Revoke;

• Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers;

• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant;

• Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings;

• Filing date requirements for Form I-290B, Notice of Appeal or Motion.

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. Additionally, USCIS will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before taking any action

DACA renewals limited to one year

The future of DACA has been up and down during these past four years. As per the memo of the acting Secretary of Department of Homeland Security (DHS), issued on July 28, 2020, USCIS will reject all initial DACA requests from new applicants. The rejections will be without prejudice: meaning that they can be filed again once the rules have changed. USCIS will continue accepting renewal requests. However, USCIS will limit renewal grants of deferred action and employment authorization (EAD) to one year, but will not rescind any currently valid two-year grants of DACA or associated EADs unless USCIS terminates an alien’s DACA and associated EAD for failure to continue to meet the DACA criteria. USCIS will replace two-year EADs that are lost, stolen, or damaged with the same facial two-year validity period, assuming the EAD replacement application is otherwise approvable.

USCIS will generally reject requests received more than 150 days before the current grant of DACA expires. You should file your request between 150 and 120 days before your current grant of DACA expires.

New fees and forms take effect

As previously announced, the USCIS new fee schedule takes effect from October 2, 2020, increasing fees on most applications filed on or after October 2. USCIS has also revised numerous forms, which will also be required on and after that date. In addition, the time for Premium Processing will be extended from 15 calendar days to 15 business days, which will lengthen the time in which USCIS must respond to the applicant.

APPLICATION FINAL ACTION DATES—OCTOBER 2020

FAMILY	India	Pakistan/Bangladesh
1st	15Sep14	15Sep14
2A	Current	Current
2B	08Jul15	08Jul15
3rd	15Jun08	15Jun08
4th	08Mar05	22Sep06

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Jun18	Current
2nd	01Sep09	Current
3rd	15Jan10	Current
Other	15Jan10	Current
4th	Current	Current
5th	Current	Current

DATES FOR FILING VISA APPLICATIONS—OCTOBER 2020

FAMILY	India	Pakistan/Bangladesh
1st	22Jul15	22Jul15
2A	01Aug20	01Aug20
2B	01May16	01May16
3rd	01Jun09	01Jun09
4th	22Nov05	15Sep07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Sep20	Current
2nd	15May11	Current
3rd	01Jan15	Current
Other	01Jan15	Current
4th	Current	Current
5th	Current	CurrentB