Policy & rulemaking

USCIS grants 30-day grace period on I-864 form changes after no-notice rollout draws lawsuit

USCIS grants 30-day grace period on I-864 form changes after no-notice rollout draws lawsuit - TR Immigration News & Analysis thumbnail graphic

USCIS is now accepting the prior 10/17/24 edition of Form I-864, I-864A and I-864EZ for a 30-day grace period, after abruptly requiring the new editions without advance notice.

What happened

Late on August 31, 2026, USCIS announced via a ‘Forms Update Alert’ that new editions of the I-864 Affidavit of Support forms would be required without exception, effective that same day. No advance notice or grace period was given.

The American Immigration Lawyers Association (AILA) and the firm Benach Pitney Reilly sued the administration, arguing the change violated the Administrative Procedure Act, the Paperwork Reduction Act and longstanding agency practice, and warning it could cause improperly filed applications to be rejected.

What has changed since

USCIS’s I-864 webpage, updated September 4, 2026, now states the agency will accept the 10/17/24 edition for a 30-day grace period.

What petitioners should do

Anyone preparing an I-864, I-864A or I-864EZ should confirm which edition their filing uses before submission and watch the USCIS I-864 page directly, since the grace period is time-limited and the underlying lawsuit over the process is still pending.

TR Immigration

TR Immigration tracks updates from USCIS, the State Department, and federal courts, and explains what they mean in plain language. We work from primary sources, and we do not provide legal advice.

September 11, 2026All posts by TR Immigration
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