USCIS has issued an interim final rule giving officers discretion to deny immigration benefit requests with invalid signatures after the case has already been accepted for processing. The change matters because a signature problem may now lead to a denial and loss of the filing fee, rather than only a rejection and return of the fee.
What Changed
Previously, immigration benefit requests with invalid signatures were typically rejected and returned with the filing fee.
Under the new rule, if USCIS identifies the signature problem only after the case has entered adjudication, the agency may deny the case outright and keep the filing fee.
This creates a higher practical risk for applicants, petitioners, employers, attorneys, preparers, and anyone submitting immigration forms to USCIS.
What USCIS Considers an Invalid Signature
USCIS has identified several signature problems that can invalidate a filing:
- A signature copied and pasted as an image from another document
- A stamped signature
- A signature generated by signature software
- A typewritten signature
- A signature placed by someone other than the requestor, including an attorney, preparer, or interpreter
- A missing signature
- A signature placed in the wrong location
The rule does not require the original signed document to be submitted to USCIS in every case. Scanned, faxed, or photocopied reproductions of an original wet-ink signature remain acceptable.
The requester should keep the original signed document for their records.
What Counts as a Valid Signature
USCIS generally treats a valid signature as a handwritten mark or sign made by the requestor on the signature line of the specific form.
Acceptable forms of signature may include:
- A handwritten signature in ink
- A thumbprint instead of a written signature
- An “X” in some cases
If a requestor signs with an “X,” USCIS may want to confirm that the person consistently uses an “X” as their signature.
Best Practices Before Filing
To reduce the risk of denial or fee loss because of a signature issue:
- Personally sign each form by hand in ink.
- Do not paste in a signature image.
- Do not use an electronic signature program.
- Do not use a stamped or typewritten signature.
- Sign every form individually, even when filing multiple petitions.
- Make sure the signature is placed on the correct signature line.
- Keep the original wet-ink signed document for records.
Employers filing high volumes of Form I-129 or Form I-140 should review internal signature procedures to make sure each form has an original wet signature.
If there is uncertainty about whether a signing practice complies with USCIS requirements, the issue should be resolved before filing.
Practical Impact
Small signature errors can now have a major effect on an immigration filing. Because USCIS may deny rather than reject a case if the issue is discovered after acceptance, applicants and petitioners should review all signatures carefully before submission.
The main risk is no longer only delay. A filing with an invalid signature may result in denial and the filing fee being retained.
Source article: www.murthy.com
