The USCIS just updated their policy on deadlines – does it affect the time to appeal?
Last week, the USCIS issued a Policy Alert updating the Agency’s method for setting deadlines. The update goes into effect October 23, 2026. But does it affect the time to appeal a decision denying a benefit application or an order from the Immigration Court?
No, it does not – but there is an important caveat you should know about.
As the Policy Alert explains, when a deadline is expressed in terms of “days” – such as, you must file an appeal or motion within 33 days – the Agency uses the term “day” to exclude a Saturday, Sunday, or legal holiday. That means if the 33rd day falls on a Saturday, Sunday, or legal holiday you have until the following business day for the Agency to receive your filing and it be deemed timely. This is the rule that has applied for many years, and it is based on the rationale that the Agency does not receive mail on Saturdays, Sundays, or legal holidays so a deadline cannot expire on those days. The Policy Alert does not change the longstanding rule.
The change announced in the Policy Alert relates to deadlines expressed in terms of an event, rather than a number of days – for example when a rule requires a filing be made by a beneficiary’s 21st birthday. In those cases, the requirement to file an application on or before a certain event occurs means the applicant must file before the event if that event will fall on a Saturday, Sunday, or legal holiday. In other words, the Agency will not extend the deadline if the triggering event occurs on a Saturday, Sunday, or legal holiday.
The opportunity to file an appeal or motion after an unfavorable decision or Immigration Court order is always expressed in terms of days – 30 days from the date of the decision/order if you receive it in person and 33 days if it is mailed to you. So the change stated in the Policy Alert does not apply, and if the 30th or 33rd day falls on a Saturday, Sunday, or legal holiday, you have until the following business day for the filing. The Agency must receive the appeal or motion papers by the end of that following business day.
Important caveat to keep in mind: if you are filing a motion or appeal via the electronic filing system, and the 30th or 33rd day falls on a Saturday, Sunday, or legal holiday, you must file the motion or appeal on the required day, not the following business day. The reasoning, noted in the Policy Alert, is that the Agency’s electronic filing system can receive filings on weekends and holidays, so there is no impediment to completing your filing on those days.
Check your calendar carefully to ensure you meet your deadline. Better yet, don’t wait until the last minute to file your appeal or motion. Get in touch if you need help with your appeal to the BIA or AAO.
ATTORNEY ADVERTISING: THIS IS NOT ADVICE AND PRIOR RESULTS DO NOT GUARANTEE SIMILAR OUTCOMES.