Automated update. This note was compiled automatically from the official sources linked below, and its figures and dates were matched to those sources by software. It has not been reviewed by a lawyer. Read the source itself before relying on it, and take advice from a US-licensed immigration attorney on your own case.
| Guidance | USCIS Policy Alert PA-2026-15, Definition of Day for Purposes of Filing Deadlines |
|---|---|
| Issued | 23 September 2026 |
| Effective | 23 October 2026, for paper-based filings received on or after that date |
| Policy Manual | Volume 1, Part B, Chapter 6, Section E (1 USCIS-PM B.6) |
| Regulation applied | 8 CFR 1.2 (definition of day) |
| Replaces | The approach in PA-2023-10, issued 29 March 2023 |
What changed
On 23 September 2026 USCIS issued Policy Alert PA-2026-15, Definition of Day for Purposes of Filing Deadlines. The guidance is in Volume 1 of the USCIS Policy Manual and became effective on 23 October 2026. USCIS published the technical update incorporating it into the Policy Manual on the same date.
The regulation at 8 CFR 1.2 says that a "day" includes Saturdays, Sundays and federal holidays, but that when the last day of a period falls on one of those days, the period runs until the end of the next day that is not. In 2023, through PA-2023-10, USCIS began applying that rule to some deadlines that are not counted in days, such as a person's birthday. The new alert says USCIS is "returning to its longstanding application" of the definition and will apply it only where a deadline is expressed in days.
How the two kinds of deadline are now treated
- Deadlines counted in days: where a statute, regulation or form instruction sets the period in days, and the last day falls on a Saturday, Sunday or federal holiday, USCIS treats a paper filing as timely if it is received by the end of the next business day. The Policy Manual gives the response period for a Notice of Intent to Deny (a maximum of 30 days) and the Form I-290B motion period after an I-485 denial (30 days if served in person, 33 days if served by mail) as examples of day-based periods.
- Worked example from the Policy Manual: an I-485 denial dated 2 August 2022 and served by mail gives 33 days to file Form I-290B, ending on Sunday 4 September 2022. Monday 5 September 2022 was Labor Day, so a filing received on Tuesday 6 September 2022 would be timely.
- Deadlines not counted in days: USCIS does not apply the definition where the deadline comes from a substantive eligibility requirement, such as filing before a 21st birthday. The Policy Manual's example is a special immigrant juvenile petition, which must be filed while the person is under 21 years of age. If the 21st birthday falls on a weekend or federal holiday, the deadline is not extended.
- Electronic filings: USCIS considers online filings received immediately on submission, so it does not apply the definition to extend the period for them.
What is and is not affected
The alert states that the guidance applies to paper-based filings received on or after 23 October 2026, and that the Policy Manual guidance supersedes related prior guidance. It does not change any deadline that is counted in days. The practical change is for paper filings whose cut-off is a birthday or similar eligibility point that lands on a weekend or holiday: under the 2023 approach USCIS accepted those by the end of the next business day, and it no longer does.
USCIS acknowledges in the alert that the change may affect expectations, for example for filings planned before a 21st birthday, and says it set the 23 October 2026 effective date to give advance notice. The alert cites the Supreme Court's decision in Monsalvo Velasquez v. Bondi, 604 U.S. 712 (2025), as support for the return to its earlier approach.
Readers with a deadline tied to a birthday or other eligibility date can discuss timing with a US-licensed immigration attorney. Lexverse supports firms with US immigration drafting.
Official sources and documents
- Policy Alert PA-2026-15: Definition of Day for Purposes of Filing Deadlines (PDF) (PDF) PDF — U.S. Citizenship and Immigration Services, 23 September 2026
- USCIS Policy Manual, Volume 1, Part B, Chapter 6: Submitting Requests — U.S. Citizenship and Immigration Services, 23 October 2026
- USCIS Policy Manual updates — U.S. Citizenship and Immigration Services, 23 October 2026
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