New US rule on visa and green card filing deadlines

Age-based deadlines, such as filing before a child turns 21, get no extra days, so missing one can end eligibility.

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The United States has changed how deadlines for filing visa and green card applications are counted. US Citizenship and Immigration Services (USCIS) put the change into effect on October 23. Under the new rule, when the last day for an application falls on a weekend or a public holiday, applicants will no longer in every case automatically get extra time until the next working day.

Policy guidance published on September 23 clarifies the difference between ordinary filing deadlines and the dates by which a person must meet the conditions for an immigration benefit. Under the new policy, some paper applications whose deadline falls on a Saturday, Sunday or public holiday may still be filed on the next working day.

But because applications can be filed online at any time, including on holidays, the extension does not apply to online filing, and applicants must follow the instructions for their own form.

The new rule is especially strict on age-based eligibility. In family-based immigration and the special minor categories, applications usually have to be filed before a child turns 21.

If the last day for such an application falls on a holiday, no extra day will be given automatically. Once the age limit has passed, eligibility for the immigration benefit may be lost for good.

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