On Monday, March 3, and again on Tuesday, March 4, U.S. Citizenship and Immigration Services (USCIS) abruptly posted multiple forms (such as Form I-485, Form I-131, etc.) for immediate use and removed the previous versions, only permitting the submission of the new form editions. No notice was given, no grace period was implemented. Across the country, immigration attorneys and their clients were faced with the reality that potentially tens of thousands of forms that had been submitted properly and in accordance with the law would be rejected even if mailed before the new form was made available. American Immigration Lawyers Association (AILA) reached out to USCIS to request a grace period for acceptance of the new forms, but the agency offered no clear relief or public guidance, thus litigation was required.
On Friday, March 7, 2024, AILA and Benach Collopy LLP filed a complaint for declaratory and injunctive relief under the Administrative Procedure Act (APA) to challenge USCIS’s policy of publishing new editions of immigration forms with no notice and requiring their use immediately with no grace period. (American Immigration Lawyers Association, et al v. USCIS, 3/7/25).
Because of the active litigation by AILA, USCIS will now allow a grace period of 30 calendar days for transitioning to the new edition of the forms.
We will continue to monitor and share additional updates as USCIS releases regarding the new edition of the forms (such as Form I-485, Form I-131, etc.).
At HSD Immigration Lawyer, we specialize in complex employment-, investment- and family-based immigration matters. Contact one of HSD Immigration Lawyer offices in Chicago, IL, Naperville, IL, Raleigh, NC, or Clark, NJ, for additional information about this recent announcement.