The U.S. Citizenship and Immigration Services (USCIS) is once again using technicalities to deny immigration applications, particularly VAWA and T Visa cases. If you have filed one of these applications, it’s crucial to understand the latest development and how it may impact your case.
A Return to Trump-Era Tactics
During the Trump administration, USCIS started denying cases not based on the merits of the application but on minor technicalities. Many asylum, VAWA, and visa applications were rejected for trivial reasons that had nothing to do with whether the applicant actually qualified for relief. Now, it seems this trend is resurfacing.
The Issue: Requests for Original Signatures
Several immigration attorneys are reporting that USCIS is sending Requests for Evidence (RFEs) specifically asking for original signatures on application forms. During the COVID-19 pandemic, USCIS relaxed its signature requirements, allowing applicants to submit scanned copies of their signed forms instead of requiring the original ink-signed versions. This temporary flexibility helped many applicants and attorneys submit applications more efficiently.
However, despite never officially canceling this policy, USCIS is now requesting to see original, ink-signed documents. If an applicant cannot provide them, their case risks being denied—not because they lack eligibility, but simply due to a missing signature requirement.
Why Is USCIS Doing This?
Many believe this is another way for USCIS to limit the number of approved applications. While the agency has the right to request original signatures, the sudden enforcement of this rule is catching many applicants off guard.
Unfortunately, this issue affects not only those who signed their applications electronically using tools like Adobe Sign or DocuSign but also those who physically signed and scanned their forms without keeping the original hard copy.
Who Is Affected?
This new wave of RFEs and denials is primarily targeting:
- VAWA applicants (victims of domestic violence)
- T Visa applicants (victims of human trafficking)
There is also concern that this requirement may soon extend to U Visa applicants and even green card applications.
What Should You Do?
If you have a pending VAWA or T Visa application, take these steps immediately:
- Check with your attorney – Ask if your original, ink-signed application was submitted or if a scanned copy was used.
- Locate your original documents – If you signed your forms and sent them to your attorney digitally, make sure you still have the original hard copies.
- Be prepared for an RFE – If you receive a request for your original signature, respond promptly with the required documents.
- Avoid electronic-only signatures – Moving forward, always keep a signed original of any application you submit.
Final Thoughts
While this may seem like a minor issue, the consequences are severe. A denial over a missing original signature means months or even years of delay in an immigration case. This is especially alarming for victims of domestic violence and human trafficking, who already face significant challenges in their immigration process.
If you have filed a VAWA or T Visa case and are concerned about this issue, contact your immigration attorney immediately. Being proactive can help prevent unnecessary denials and delays.