US to eliminate extra filing time for certain immigration applications starting October 23

The U.S. Citizenship and Immigration Services (USCIS) will implement a policy change on October 23, 2026, affecting how certain immigration filing deadlines are calculated, particularly those tied to age-based eligibility requirements.

Under policy alert PA-2026-15, published on September 23, deadlines linked to specific eligibility conditions, such as filing a petition before turning 21, will no longer automatically extend to the next business day when they fall on a Saturday, Sunday or federal holiday. The change applies to paper applications received by USCIS on or after October 23.

The agency will continue to allow certain deadlines calculated as a set number of days to extend to the next business day when they fall on a weekend or federal holiday. For example, a response due on a Sunday to a notice of intent to deny may be accepted the following Monday, provided it is not a federal holiday.

The distinction is especially important for Special Immigrant Juvenile petitions, which must be filed before the applicant turns 21. Under the updated interpretation, someone who turns 21 on a Sunday cannot wait until Monday to submit the petition and rely on the weekend extension.

The guidance also addresses certain motions related to denied applications for permanent residence. In the examples cited by USCIS, applicants generally have 30 days to file a motion following personal service of a denial notice, or 33 days when the notice is sent by mail. These periods may extend to the next business day if they end on a weekend or federal holiday.

Electronic filings will not receive the same extension because USCIS considers them received immediately after submission. The agency said it announced the change 30 days in advance to give applicants time to prepare for the new interpretation, which replaces incompatible guidance adopted in March 2023.