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.
Table of ContentsIn 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:
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.
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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.
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.
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.
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.
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.
