USCIS has granted a 30-day transition period for new editions of Form I-864, the Affidavit of Support, after litigation challenged the way the agency imposed the change. The reversal is a rare, fast concession on a procedural question that affects a large share of family-based and adjustment filings.
On August 31, 2026, USCIS announced that new editions of Forms I-864, I-864A and I-864EZ would be required without exception. There was no advance notice and no grace period, and the agency communicated the change through a “Forms Update Alert” posted after 4:30 p.m. — meaning packages already prepared, signed and in the mail could be rejected on arrival for using an edition that had been current that morning.
On September 3, the American Immigration Lawyers Association and the law firm Benach Pitney Reilly sued the administration over the practice, arguing that imposing substantive form changes without warning may violate the Administrative Procedure Act and the Paperwork Reduction Act. USCIS then announced a 30-day grace period: it will accept the older 10/17/24 edition of Form I-864 alongside the new 08/24/26 edition until September 30, 2026. Beginning October 1, 2026, only the 08/24/26 edition will be accepted.
“Litigation works,” wrote immigration attorney Clay Greenberg, noting that USCIS moved to provide the grace period the day after the suit was filed.
Two takeaways for anyone with a filing in progress. First, if an affidavit of support is going out in September, either edition is acceptable — but after September 30 only the new one is, so a package that slips into October needs to be re-checked before mailing. Second, this episode is a reminder to verify the edition date on every USCIS form immediately before submission rather than relying on a copy downloaded weeks earlier. As the separate Form I-539 and I-765 changes taking effect September 15 show, USCIS is not guaranteeing a grace period in every case.
Need help with your immigration petition? Visit QuickFiling.us for AI-guided NIW and EB-1A petition preparation.
Source: LinkedIn - Clay Greenberg