USCIS Rule Targets Invalid Signatures
In a new rule, USCIS will soon have clearer authority to deny approved immigration benefits if an immigration officer later determines a signature to be invalid.
The rule, which published on May 11, codifies existing USCIS policy on deficient signatures. Immigration officers could already deny accepted petitions due to signing errors, but the federal agency decided to put this into regulation to create a more formal standard.
Whether a foreign national receives a rejected or denied request often determines next steps and if they lose money in the process:
- A rejected request is generally returned without a filing date, and the fee is usually returned.
- A denied request is treated as adjudicated, and USCIS may keep the filing fee. If an appeal is possible, they may also have to pay a separate filing fee to contest an initial decision.
Manifest immigration attorney Ana Gabriela Urizar says the outcomes matter in practice, because a denial based on a signing error can set a foreign national’s visa or Green Card journey back by years. “This fits into a broader USCIS trend of scrutinizing filings more closely and enforcing procedural requirements more strictly,” Urizar said. “The biggest takeaway from this particular rule is that already-accepted petitions can be denied if a signature is later determined to be invalid. One small mistake could mean months of lost progress.”
The policy addresses signature problems that may not be visible during intake. These can include signatures that were copied, made by someone other than the applicant or petitioner, created via software, or forged.
The rule will take effect after the 60-day public comment period has elapsed. It does not create a new signature requirement, as USCIS already requires benefit requests to be signed with a valid handwritten signature, or with an approved electronic signature when the form instructions allow it.
