Power of Attorney or Evidence of legal Authorization to Sign for Petitioners and Applicants

USCIS reminds all attorneys and accredited representatives of the legal requirement to include a copy of a current Power of Attorney (or other evidence of legal authorization) when signing a petition or application on behalf of a petitioner and applicant. Effective July 1, 2006, USCIS will reject any petition or benefit application signed by an attorney or accredited representative that is not accompanied by a current Power of Attorney or other evidence of legal authorization to sign on behalf of the petitioner or applicant.

Legal Requirements for Attorneys and Accredited Representatives Signing Form G-28, Notice of Appearance

Attorneys and accredited representatives filing any petition or immigration benefit application on behalf of a petitioner or applicant must sign Form G-28, Notice of Appearance, and include the original with the filing. USCIS will accept original Form G-28s bearing the facsimile signature of the attorney or accredited representative, e.g., a stamped signature, as allowed under the regulations governing the filing of applications and petitions and longstanding operational guidance.

Legal Requirements for the Signature on Petitions and Immigration Benefit Applications

• Attorneys and Accredited Representatives: The signature of any attorney or accredited representative granted legal authorization to sign on behalf of the petitioner or the applicant must be in the original.

• Applicants and Petitioners: Applicants and petitioners must sign their respective applications and petitions. The signature must be an original signature. Parents and legal guardians may sign for children under age 14. Legal guardians may sign for individuals who are incompetent to sign. In such cases, the filing must include evidence of parentage or legal guardianship, if not otherwise required for the immigration benefit being sought.

• Acceptable Original Signature for Paper Filings: An acceptable signature is one that is handwritten. Signature facsimiles, e.g., stamps, do not meet USCIS regulatory requirements for acceptable signatures. While attorneys and accredited representatives may place a facsimile signature on Form G-28, the application or petition must bear their original signature, if they are signing on behalf of the petitioner or applicant pursuant to a current Power of Attorney or other legal authorization.

• Acceptable Signature for E-Filings: Electronic signature rules apply to forms filed electronically, as per the instructions on the form.

From, AILA InfoNet Doc. No. 06121378 (posted Dec. 13, 2006).