The Department of Homeland Security (DHS) has issued an interim final rule (IFR) clarifying how US Citizenship and Immigration Services (USCIS) will handle immigration benefit requests that contain invalid signatures. The rule formalizes USCIS authority to either reject or deny filings when signature deficiencies are discovered — even after a case has been accepted for processing.
Key Change: Denial Authority for Invalid Signatures
Under the updated rule, if USCIS determines after intake that a filing does not contain a valid signature, adjudicating officers may:
- Reject the filing, or
- Deny the request after adjudication, at their discretion
This represents an important clarification and codification of existing agency policy. A denial allows USCIS to treat the case as fully adjudicated, retain filing fees, and potentially trigger appeal rights for the applicant.
Why DHS Issued This Rule
DHS cited a growing number of filings with deficient or fraudulent signatures, including:
- Copy‑and‑paste signatures used across multiple filings
- Signatures created with software or stamps
- Forms signed by unauthorized individuals
Recent adjudication data shows a sharp increase in denials based on signature issues — from 300 cases in FY 2021 to nearly 3,000 in FY 2025.
- Strengthen compliance with signature requirements
- Protect the integrity of benefit adjudications
- Prevent misuse of filing systems and immigration processes
Practical Impact on Immigration Filings
1. Filing Risks Increase After Acceptance
Previously, applicants could assume that once a filing was accepted, signature issues were unlikely to result in rejection. Under the new rule, deficiencies discovered later in the process may still lead to denial.
2. Fees May Not Be Refunded
If USCIS denies a case due to an invalid signature, the filing fee may be retained, as the application will be considered fully adjudicated.
3. No Opportunity to Cure Signature Defects
The rule confirms that USCIS does not permit applicants to “fix” an invalid signature after submission, as the filing would be considered improperly completed at the time of filing.
4. Continued Rejection at Intake
If a signature issue is identified during initial intake (e.g., missing or clearly invalid signature), USCIS will continue to reject the filing and return fees, consistent with existing practice.
Operational Challenges Driving the Rule
USCIS noted that its intake systems — designed to process millions of filings — can detect only basic signature issues (e.g., missing or typed signatures), but cannot reliably identify:
- Copied or duplicated signatures
- Unauthorized signatories
- Fraudulent or digitally manipulated signatures
As a result, many defects are identified only during adjudication, after resources have already been spent reviewing the application.
The new rule allows USCIS to address these issues more effectively and recover adjudication costs.
Exceptions
The rule provides a limited exception for certain citizenship applications (Forms N‑600 and N‑600K), which may only be rejected — not denied — if the sole issue is an invalid signature.
Effective Date
The rule will take effect 60 days after publication in the Federal Register, with a public comment period running concurrently.
Erickson Insights and Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.