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An October 27, 2006 memorandum from Michael Aytes, USCIS Associate Director, Domestic Operations, provides guidance on timeframes related to case processing
- Rescheduled Interview--Since rescheduling is costly, every effort should be made to conduct the interview as scheduled. We should only reschedule an interview at customer request where there are compelling extenuating circumstances beyond the individual's control. When we do reschedule an interview, the rescheduled interview should occur within 11 weeks of the initially-scheduled interview.
- Rescheduled naturalization testing-- Where a person fails the required tests on the first try, the second test should be scheduled within 60 to 90 days of the first interview. To the extent practical, the applicant should be notified of the re-test date on the date they fail the test. When that is not possible, they should be advised at the interview that they will be rescheduled in 60 to 90 days and the actual retesting notice should go out as soon as possible.This will give the applicant certainty with respect to when they will be retested.
- Manually rescheduled fingerprint notices-- Our goal is to reschedule the appointment within 10 days of the request. With a new appointment scheduled within a 14 day timeframe.
- Appointment scheduling lead times-
- Customer notification-- Applicants should be scheduled for ASC appointment, interviews and oath ceremonies no less than 10 days in advance of the appointment and notices should be sent no less than 8 days in advance. Shorter lead times can be used when the time for the customer to receive the notice is substantially less than regular mail, such as when scheduling by phone or through e-mail, or during an interview or other in-person interaction. Interviews should not be scheduled more than 60 days in advance.
- Lead time for remote scheduling-- Where a pre-processing site such as the NBC or a service center is scheduling the interview and then transferring the file to the local office, the interviews should be scheduled according to the following lead times:
- I-485-- no less than 45 but no more than 60 days before the actual interview date.
- Other applications and petition- no less than 30 but no more than 60 days before the actual interview date.
- Request for Evidence (RFE)-- An RFE is single opportunity for a customer to provide the requested information. An extension of the standard RFE timeframe cannot be provided, nor should we repeat requests for the same evidence. When we send an RFE, the following timelines apply
- N400-- consistent with 8 CFR 335.7, customers are given 30 days from the date of our request; if a response is not received, the case is adjudicated on its merits.
- All other applications--consistent with 8 CFR 103.2(b)(8)-(15), customer are given 12 weeks (84 calendar days) to respond.
- Notices of Intent to Deny (NOIDs)-- Where NOIDs are specifically mentioned in regulation, the response time is 30 days. However, unlike an RFE response time, the time for NOID response can be extended upon the customer's request. Directors should, however, only grant these estensions in compelling circumstances.
- Post-RFE/NOID processing-- Offices should have procedures in place to promptly connect an RFE/NOID response with the pending application and to resume processing promptly once the response is received. Such cases should be returned to their pre-RFE/NOID place in the processing queue. Our processing time goal for cases that have had RFEs or NOIDS sent is 60 days after the customer's response is received.
This memo is inteded solely for the guidance of USCIS personnel in performing their duties relative to the adjudication of applications and petitions. It is not intended, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any individual or other party in removal proceedings, in litigation with the United States or in any other form or manner.
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