U.S. Citizenship and Immigration Services (USCIS) provided clarity on what is considered timely filed for paper-based filings for benefit requests and responses to a USCIS action if the due date falls on a federal holiday, Saturday, or Sunday. For these situations, a paper filing or response that is received not later than the next business day is considered timely. The receipt date will continue to show the date USCIS physically receives the documentation. If the receipt date is not later than one business day after the due date when the due date falls on a Saturday, Sunday, or Federal Holiday, they are considered timely filed.
This update is effective immediately and applies to all paper-based benefit requests or responses to USCIS action received by USCIS on or after March 29, 2023. Electronic filings or electronic submissions are considered received upon submission. There is no retroactive application of this new policy.
Some benefit requests and responses to USCIS action must be within a certain time period, as required by statute, form instructions, and regulation. Some examples include filing a paper-based benefit on the last day prior to a required birthday, or the final day to submit a Request for Evidence or a notice to deny, rescind, revoke, or terminate within the required time frame.
This Policy Manual Update is an example of ways USCIS is looking for ways to increase flexibility for filing deadlines.
If you have questions about requirements for paper-based filings for benefit requests or responses to USCIS actions or any other immigration-related issue, contact us at ILBSG. Our team of experienced attorneys works with each client to ensure they get the right advice for their specific situations.
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