By Wendy R. Barlow, Esq. | Partner at Cohen, Tucker + Ades Specializing in Complex Immigration Matters

On May 11, 2026, the Department of Homeland Security (DHS) published an Interim Final Rule that significantly changes how U.S. Citizenship and Immigration Services (USCIS) handles signatures on immigration benefit requests.

At Cohen, Tucker + Ades, we want to ensure our clients and the immigrant community understand these changes to avoid costly rejections or denials.

What is the New USCIS Signature Rule?

Historically, if USCIS accepted an application and later found a signature issue, the policy was inconsistent. Some applicants were given a chance to fix it, while others faced delays.

The new rule, effective July 10, 2026, codifies the authority for USCIS officers to reject or deny any benefit request (such as a Green Card application, work permit, or visa petition) that lacks a valid signature—even after it has been accepted for processing.

3 Key Changes You Need to Know

1. Discretionary Denials

USCIS adjudicators now have the explicit discretion to deny a request if they determine the signature is invalid. This is no longer just a policy guideline; it is a formal regulation.

2. No More Refund of Fees

If your application is denied due to an invalid signature, USCIS may retain your filing fee. Because the application is considered “fully adjudicated,” you will not get your money back, and you will have to re-file and pay the fee again.

3. The “Copy-Paste” Trap

USCIS is specifically targeting signatures that are “copied and pasted” from other documents. While USCIS allows photocopied signatures in many cases, using digital manipulation to move a signature from one form to another is considered invalid and can lead to a denial.

What Qualifies as a “Valid Signature”?

According to 8 CFR 103.2(a)(2), a valid signature must be:

• Handwritten: A physical mark made by the requester (ink on paper). For greater efficiency, USCIS typically does not require original ‘wet-ink’ documents. Instead, a scanned, photocopied, or faxed version of the original signed form is generally sufficient.

• Electronic (where permitted): Specifically for forms filed through the USCIS online portal (myUSCIS).

• True and Correct: By signing, you are certifying under penalty of perjury that all information in the filing is accurate.

How to Avoid a Signature Denial

To protect your immigration status and your wallet, follow these best practices:

• Sign in Ink: Unless you are filing through an official electronic portal, use a pen to sign your documents.

• Don’t “Digitize” Manually: Never cut and paste a digital image of your signature onto a PDF unless using a USCIS-approved electronic signature method.

• Check Every Page: Ensure every form in your packet that requires a signature is signed. A single missing signature can jeopardize the entire filing.

Frequently Asked Questions

Can USCIS deny my application for a bad signature after they take my money?

Yes. Under the new rule effective July 10, 2026, USCIS can deny an application for an invalid signature even after accepting the filing fee. In these cases, fees are generally non-refundable.

Can I appeal a rejection based on a signature?

No. A rejection of a filing with USCIS for a signature deficiency may not be appealed.

Does this rule apply to attorney signatures?

While attorneys sign G-28 forms, the benefit requester (the petitioner or applicant) must provide a valid signature on the underlying benefit forms.

Contact Cohen, Tucker + Ades for Expert Guidance

The margin for error in immigration filings is smaller than ever. At Cohen, Tucker + Ades, we meticulously review every document to ensure compliance with the latest DHS regulations.

Don’t risk a denial. If you have questions about your immigration application or the new signature requirements, Contact Us Today for a consultation.

About the Author

Wendy R. Barlow, Esq.is a Partner at Cohen, Tucker + Ades, P.C. with nearly 20 years of experience in high-stakes immigration litigation. A graduate of the Maurice A. Deane School of Law at Hofstra University, Wendy is admitted to practice in New York and New Jersey as well as before the U.S. Supreme Court and multiple Federal Circuit Courts. Wendy is recognized for her ability to handle cases that many consider insurmountable.

Disclaimer: This blog post contains general information and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship between you and Cohen, Tucker + Ades P.C. Immigration laws and fee schedules are subject to frequent change. The information provided herein may not reflect the most current legal developments. You should not act or refrain from acting based on information contained in this post without seeking professional counsel from an attorney licensed in your jurisdiction. Cohen, Tucker + Ades P.C. expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this post.

Sources:

Code of Federal Regulations, 8 C.F.R. 103.2(a)(2).

Federal Register, 91 FR 25479, Signatures on Immigration Benefit Requests.