USCIS May Now Deny Benefit Requests with Invalid Signatures

The U.S. Citizenship and Immigration Services (USCIS) has issued an interim final rule giving officers the discretion to deny, rather than simply reject, a benefit request found to have an invalid signature after the case has been accepted for processing.

Why this Matters

Previously, requests with invalid signatures were typically rejected and returned with the fee. Under the new rule, if the USCIS catches the signature problem only after the case is in adjudication, the agency may deny the case outright and retain the filing fee.

What Invalidates a Signature

The USCIS has flagged the following as an invalid signature:

• 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 anyone other than the requestor (including attorneys, preparers, or interpreters)
• A missing or incorrectly placed signature

Importantly, scanned, faxed, or photocopied reproductions of an original wet-ink signature remain acceptable. Meaning, it is not required to submit the original signed document to the USCIS, but the requester should retain the original for their records.

Ensuring a Proper Signature

The USCIS considers a “valid signature” generally to consist of any handwritten mark or sign made by a requestor in the signature line of a particular form. A thumbprint in place of a written signature is also acceptable, and even an “X” can sometimes suffice. If a requestor uses an “X,” then the USCIS usually will want to ensure that the individual consistently uses an “X.”

Best practices for ensuring a proper signature include:

• Personally sign each form by hand in ink. Do not paste in a signature image or use an electronic signature program.
• Sign each form individually, even when filing multiple petitions.
• Employers filing high volumes of I-129 or I-140 petitions should review internal signature procedures to ensure each form bears an original wet signature.
• If an individual is unsure whether a signing practice complies, ask before filing.

Conclusion

Often, it is little details that can have a big impact on the quality or even the outcome of an immigration filing. Working with a qualified immigration attorney can help ensure that your filing is complete. Individuals with questions about how this rule affects a pending or upcoming filing are welcome to schedule a consultation with a Murthy Law Firm attorney for further guidance.

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