USCIS Denying Immigration Forms for Blank Fields

Under a new policy, USCIS is rejecting and denying some forms for as little as leaving a single field blank.

As explained below, given this new approach, it is very important that anyone filing an immigration application or petition include text in each blank. While this increases the time it takes to complete immigration forms, it is the safest strategy given this new restriction.

Historically, USCIS has accepted immigration forms with blank fields where these fields do not apply to the applicant. For example, some forms include blanks for the person filing the form to add detailed information about up to four children. In the past, it was common for an applicant to enter information about any children they have and, assuming they had fewer than four children, leave the remaining spaces blank. This was logical, given that the information blanks for each child are extensive, as shown below:

Capture.PNG

Since October 2019, USCIS has issued new guidance on the websites of two forms pertaining to blank fields. This guidance, which applies to the I-589 Application for Asylum or Withholding of Removal and I-918 Petition for U Nonimmigrant Status forms, indicates that any blank fields may result in a denied or returned application or petition.

Tailwind Immigration has received reports from other immigration attorneys in recent months indicating that their applications and petitions have been returned due to “incompleteness”, even where any incomplete fields were unrelated to their client’s situation.

Given USCIS’ new policy, it is very important to complete all fields on each immigration form. If a field does not apply to the person submitting the form, they may indicate “N/A” or “None.” USCIS has moved quickly to expand this new requirement while providing little notice of these changes. Given this, it is advisable to fill out all blanks on any immigration form, even forms not covered by USCIS’ existing guidance.

For more information, see USCIS’ Alerts on Form I-918 and Form I-589 at https://www.uscis.gov/i-918 and https://www.uscis.gov/i-589.

Without discussing the specifics of an individual’s case, it is impossible to give legal advice. For this reason, I recommend that anyone schedule a consultation with an immigration attorney who is experienced in helping people in their situation. The information provided here is only intended as general information and is not a substitute for legal advice.

Photo credit: Cytonn Photography