To Sign or Not To Sign, That Is The Question

Especially when signing USCIS forms

United States Citizenship and Immigration Services (USCIS) recently issued a policy alert regarding its signature requirement for submitted documents. The questions of whether to sign USCIS various forms using someone else other than the requestor’s name, whether to sign in wet ink, or whether the requestor him/herself should sign can be tricky. USCIS wants the public to pay attention to the following guidelines before signing any immigration documents.

WHAT NOT TO DO: USCIS identified the following situations in which the signature would be clearly unacceptable:

1. Typed name on signature line.
2. Signature by an Attorney or representative signing for the requestor or requestor’s child.
3. Signature created by a typewriter, word processor, stamp, auto-pen, or similar device.

However, there are some exceptions to the third restriction above.  Even though typed signatures and other machine produced signatures are unacceptable, electronic signatures following the Electronic Code of Federal Regulations (https://www.ecfr.gov/cgi-bin/text-idx?&node=se8.1.103_12) are acceptable in some specific cases and forms. In addition, photocopied, scanned, faxed or similarly reproduced signatures of an original signature are likely to be acceptable unless otherwise instructed in the corresponding form instructions.  Abbreviated signature, if that is used as the normal signature, is also acceptable.

Even though an attorney or a representative cannot sign for the requestor, if the requestor is under 14- years-old, a parent or a legal guardian can sign for the requestor. If the requestor is unable to write, a handwritten “X” mark or a fingerprint is also acceptable. In the case of an incapacitated adult, the power of attorney’s signature may also be acceptable depending on the specific situation.  G-28 does not authorize an attorney or a representative to sign forms for a requestor.

Nevertheless, signing a document means that the requestor has fully understood, reviewed and approved the document. USCIS will deny the request if the signature was found deficient.

For more information, click here to read the original USCIS guideline: https://www.uscis.gov/policy-manual/volume-1-part-b-chapter-2