John Nicelli & Associates: Two October USCIS Changes Could Get a Filing Rejected — NYC Immigration Attorney Explains the New Fee and Deadline Rules

Immigration lawyer John A. Nicelli explains how October 2026 USCIS fee and deadline changes can get a filing rejected, and what to check before you mail.

Manhattan, United States, November 6, 2026 -- Two USCIS changes that took effect in October 2026 share a common risk: a filing can be rejected before anyone reviews its merits. USCIS has adjusted certain immigration fees, and requests postmarked on or after October 16, 2026, are rejected if they lack the new amount. A separate policy alert, effective October 23, 2026, narrows when a deadline falling on a weekend or holiday is extended. New York immigration attorney John A. Nicelli says both changes reward applicants who check the details before they mail anything.

Which USCIS Fees Changed, and What Happens if the Amount Is Wrong?

John A. Nicelli, founder of John Nicelli & Associates, explains October 2026 USCIS fee and deadline changes that can get an immigration filing rejected.

On September 30, 2026, USCIS announced a Federal Register notice adjusting certain immigration-related fees created by H.R. 1 for fiscal year 2027. The changes are inflation adjustments covering July 2025 through July 2026, which USCIS describes as minor. Published figures show, for example, the annual asylum fee rising from $102 to $105 and the immigration parole fee from $1,020 to $1,050, with changes to certain work permit and Temporary Protected Status fees as well. A request postmarked on or after October 16 without the correct fee is rejected, and a rejected request generally does not preserve the date it was originally mailed. An immigration lawyer can confirm the correct amount for a specific benefit using USCIS's Form G-1055 fee schedule before a filing goes out.

What Is the New Rule for Weekend and Holiday Deadlines?

On September 23, 2026, USCIS issued Policy Alert PA-2026-15, which clarifies how it applies the regulatory definition of “day” to filing deadlines. When a deadline is expressed in a number of days and its last day falls on a Saturday, Sunday, or federal holiday, a paper filing is still timely if received by the end of the next business day. The alert gives two examples. USCIS can allow no more than 30 days to respond to a Notice of Intent to Deny. After a denied Form I-485, Form I-290B is due within 30 days if the denial was served in person, or 33 days if it was mailed. In 2023, USCIS had extended the same treatment to deadlines tied to an event, such as filing before a 21st birthday. The alert returns to the longstanding approach, so those event-based deadlines are no longer extended, and it applies to paper filings received on or after October 23, 2026. Electronic filings receive no extension because an online submission is received the moment it is submitted, including on a weekend or holiday. The guidance does not apply to benefits governed by different regulations, such as asylum applications.

“A rejection isn't a denial on the merits, but it can still cost an applicant months, or a deadline that can't be recovered,” said John A. Nicelli, an immigration attorney and founder of John Nicelli & Associates. “Checking the fee schedule and working out which kind of deadline you have takes minutes. Skipping that check is one of the most avoidable ways to lose time in an immigration case.”

What Should Applicants Do Before Filing?

Attorney Nicelli recommends confirming the fee on the current fee schedule on the day a request is mailed, calculating deadlines from the date printed on the notice, and identifying whether a deadline is counted in days or tied to an event. He also advises not waiting until the last day, filing electronically where USCIS offers it, and keeping proof of mailing and delivery, since the date USCIS receives a paper filing is what counts. A New York City immigration lawyer can read a notice and confirm which kind of deadline it sets.

Anyone in the New York City area with a pending filing or an approaching deadline can speak with an NYC immigration attorney at John Nicelli & Associates.

About John Nicelli & Associates

John Nicelli & Associates is a New York City immigration law firm founded by NYC immigration attorney John A. Nicelli in 1985. The firm has been recognized among the Best Immigration Lawyers in New York City by Expertise.com and as a Top Attorney of North America. John Nicelli began his career focused exclusively on deportation defense before building a practice spanning family immigration, employment immigration, green cards, citizenship and naturalization, waivers of inadmissibility, and immigration litigation. The firm offers consultations in English, Spanish, Portuguese, Polish, and Italian, welcomes LGBTQ+ clients, and provides same-day appointments for urgent matters.

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