Navigating the U.S. immigration process can be challenging, especially when it comes to understanding the specific requirements set by U.S. Citizenship and Immigration Services (USCIS). One crucial aspect that often causes confusion is the signature requirements on USCIS forms. In this article, we’ll break down the USCIS signature requirements, ensuring your application is complete and correctly signed.
Valid Signature When Signing USCIS Forms
In many ways, the USCIS signature requirements are very straight forward and simple. A valid signature consists of any handwritten mark or sign made by a person who:
- Is aware of the content of the request and any supporting documents;
- Has reviewed and approves of the information contained in the request and any supporting documents; and
- Certifies under penalty of perjury that the request and all supporting documents are true and correct.
In fact, a valid signature does not need to be legible or in English. It may be abbreviated as long as it is consistent with how the person typically signs their name.
A valid signature does not have to be in cursive handwriting. A person may use an “X” or a similar mark as their signature.
Even if the original signature on the document is photocopied, scanned, faxed, or similarly reproduced, it is still valid. Regardless of how it is transmitted to USCIS, the copy must come from an original document containing an original handwritten signature unless otherwise specified. USCIS signature requirements do not mandate that the person signing to submit an “original” or “wet ink” signature on a petition, application, or other request to USCIS.
On the other hand, you may not use a typewriter, word process, stamp or similar device to generate a signature. It must be penned by a person.
Examples of Acceptable Signatures
- Handwritten “X,” or similar mark, in ink (including a fingerprint, if unable to write)
- Abbreviated signature, if that is the normal signature
- Signature of parent or legal guardian of benefit requestor if requestor is under 14 years of age
- Signature by the benefit requestor’s legal guardian, surrogate, or person with a valid durable power of attorney or a similar legally binding document
- An original signature on the benefit request that is later photocopied, scanned, faxed, or similarly reproduced, unless otherwise required by form instructions
- Electronic signature (only on electronic forms designed for this purpose)
Examples of Unacceptable Signatures
- Typed name on signature line
- Signature by an attorney or representative signing for the requestor or requestor's child
- Signature created by a typewriter, word processor, stamp, auto-pen, or similar device
Importance of a Valid Signature
Signatures are a vital part of any USCIS form. They serve as a verification of the information provided and an acknowledgment of the legal obligations associated with the form. Incorrect or missing signatures can lead to delays or even the rejection of your application. USCIS will automatically reject your form if it is missing a signature. Therefore, understanding and adhering to USCIS signature guidelines is essential.
Who May Sign USCIS Forms
Generally, the person seeking an immigration benefit is the individual who should sign. However, parents of minor children and legal guardians may need to sign for individuals under their care or supervision.
Parent
A parent (or legal guardian) may sign a benefit request on behalf of a child who is under 14 years of age. Children 14 years of age or older must sign on their own behalf. It is also appropropriate for the parent to sign as the preparer if the parent is the person who prepared the form.
If signing for a child under 14 years of age, sign the child’s name, then write “By” and sign your name. The parent must submit a birth certificate or adoption decree with the principal form to establish the parent-child relationship.
Legal Guardian
A legal guardian is generally a court-appointed individual who acts as the benefit requestor’s surrogate. The legal guardian is authorized to exercise legal authority over the requestor’s affairs. In some cases, this role may be appointed by a public authority. However, even if the person has a legitimate interest in the legal affairs or a child or incapacitated adult, USCIS signature requirements stipulate that the legal guardian must be granted this role by a proper court or public authority.
Thus, USCIS requires supporting documentation to verify the legal guardian’s authority to sign a benefit request on behalf of the child or mentally incompetent requestor. Acceptable documentation includes, but is not limited to, official letters of guardianship or other orders issued by a court or government agency legally authorized to make such appointments under the law governing the place where the child or incapacitated requestor resides.
If signing as the legal guardian for another individual, sign the requester’s name, then write “By” and sign your name. It's also appropropriate for the legal guardian to sign as the preparer if the legal guardian is acting in this role.
Power of Attorney (POA)
USCIS accepts a durable power of attorney (POA) or similar legally binding document only in the case of an incapacitated adult. A formal court appointment is not necessary if a person signs on behalf of an incapacitated adult under the authority of a POA.
A POA is a written statement authorizing an individual to act on another’s behalf in private or business affairs or other legal matters. A durable POA is a contract signed while a person is still competent that assigns power of attorney in the event that the person becomes incapacitated at some point in the future.
Generally, the language of the durable POA specifies steps that need to be taken in order for the durable POA to take effect. Therefore, USCIS minimally requires a copy of the durable POA and evidence showing that the steps required for the durable POA to take effect have occurred. In most cases, the supporting evidence includes a physician’s statement indicating that the durable POA is in effect as the result of the incapacitated adult’s disability. USCIS accepts a durable POA only if it complies with the state laws where it was executed. It is the burden of the person making the request to demonstrate that a durable POA is valid and in effect under the applicable state law.
If signing with POA for another individual, sign the requester’s name, then write “By” and sign your name. It is also appropropriate for the person with POA to sign as the preparer if they are also the person who prepared the form.
Physically Incapacitated Applicants
What if the applicant is physically incapacitated or otherwise impaired so that the quality of penmanship is diminished? As long as the applicant is mentally competent to understand what they are signing, the applicant should sign USCIS forms.
In this situation, it’s acceptable for the applicant to sign with a simple line or mark that they consider a signature. Regardless of how bad it looks, the mark that the applicant considers a signature is enough legally.
The person who is preparing the USCIS form on behalf of the applicant and witnesses the signature should include a cover letter that explains the applicant’s limitations and reason for the poor penmanship.
Authorized Signers for Legal Entities
Under the Immigration and Nationality Act (INA), corporations and legal entities such as LPs, PCs, LLCs, and LLPs can file requests with USCIS for classifying noncitizens under specific employment-based categories. Only authorized individuals can sign these requests on behalf of the entity. Authorized signers may include executive officers, managing partners, attorneys employed by the entity, HR personnel, executors, trustees, or any employee with the authority to legally bind the entity. For sole proprietorships, only the sole proprietor can sign.
The person signing must affirm they have legal authority to file the request, the employer is aware of the facts, and the statements are true and complete. If this affirmation is not part of the form, a separate statement must be provided. USCIS may request evidence of the signer’s authority, such as bylaws, articles of organization, delegation letters, board minutes, or similar documents. For more information on authorized signers for legal entities, review the USCIS website or consult with a qualified attorney with experience in employment-based immigration.
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