USCIS Revises Policy on Filing Periods and Deadlines

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USCIS Revises Policy on Filing Periods and Deadlines

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USCIS recently updated its Policy Manual to address situations when the last day to file a benefit request or respond to a USCIS request falls on a Saturday, Sunday, or federal holiday. Effective March 29, 2023, USCIS will consider a paper-based filing or response timely if it is received by the next business day.

For example, an application for Adjustment of Status may receive a Request for Evidence from USCIS, asking the applicant for additional documentation and providing the applicant with 60 days to respond. Under this new policy, if the last day to respond falls on a Saturday, USCIS will consider a response timely filed if it is received by USCIS by the following Monday.

Or, in case of an individual filing for Special Immigrant Juvenile status, by law the petition must be filed with USCIS before the individual’s 21st birthday. Under this new policy, if the individual’s birthday were to fall on a federal holiday, the petition would be considered timely filed if received by USCIS on the next business day.

Notably, this policy shift only applies to paper-based filings. Electronic filings of applications and petitioners, or responses submitted electronically, are considered received immediately upon submission.

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