Pursuant to regulations effective June 18, 2007, the United States Citizenship & Immigration Services ("USCIS") will have broad discretion in determining response times for Notices of Intent to Deny ("NOIDs") and Requests for Evidence ("RFEs") issued to applicants and petitioners seeking immigration benefits.  While the maximum response time will remain 12 weeks for an RFE, and 30 days for a NOID, the USCIS may assign shorter response times to NOIDs and RFEs depending upon the type of evidence requested.  Extensions beyond the authorized response time will not be permitted.  

The regulation applies to any NOID or RFE issued on or after June 18, 2007, whether or not the underlying petition or application was filed before the effective date of the regulation.  In a recent agency policy memo, the USCIS provides the following examples of appropriate response times assigned to various types of cases:

.         Submitting initial evidence that the form requires the applicant or petitioner to file:  30 Days;

.         Submitting evidence that Form I-539 (extension of stay or change in status) requires:  30 days;

.         Submitting evidence available in the United States regardless of form type:  42 days;

.         Submitting evidence available from overseas sources, regardless of form type:  84 days

How This Affects You

In light of the broad discretion given to USCIS, it is critical to examine each RFE or NOID issued on or after June 18, 2007, to determine the response deadline assigned.

The final rule also allows the USCIS to deny incomplete applications without issuance of an RFE or NOID.  The USCIS memorandum does not contain guidance on the circumstances that would warrant a denial without an RFE or NOID, but states that USCIS will exercise the option "judiciously." 

Please contact our office should you have further questions regarding the USCIS' new policy.