USCIS issues policy guidance on timeframes for filings, responses ending on weekends, federal holidays

U.S. Citizenship and Immigration Services has issued policy guidance to address instances when the last day to file or respond to a USCIS action is on a Saturday, Sunday or federal holiday.

The guidance clarifies that:

• Where the last day for filing a paper-based benefit request, including the last day before a requestor’s or beneficiary’s birthday or the last day of a qualifying time period, is on a Saturday, Sunday or federal holiday, USCIS will accept the filing if it is received by the end of the next business day.
• Where the last day for responding by mail to a mailed Request for Evidence or a Notice of Intent to Deny, Revoke, Rescind or Terminate is on a Saturday, Sunday or federal holiday, USCIS will accept the response if it is received by the end of the next business day.

Additional Information: The guidance applies to benefit requests and responses that were pending on or received by USCIS on or after March 29, 2023. USCIS will not apply the policy retroactively.

USCIS considers responses that are submitted electronically to be received immediately; electronic filings are not affected by USCIS not accepting deliveries on Saturdays, Sundays and federal holidays. More information regarding USCIS’ guidance on timeframes for accepting filings and responses on weekends or federal holidays is available here. The updated USCIS Policy Manual is available here.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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