USCIS Online Filing Changes: What Applicants Need to Know
U.S. Citizenship and Immigration Services (USCIS) continues to expand its use of online filing for immigration applications and petitions. As these changes take effect, applicants need to pay close attention to how and where their immigration forms must be submitted.
For some applications, USCIS is moving toward electronic filing requirements, meaning applicants may need to submit their forms online rather than by mail.
This is an important development for anyone preparing an immigration application because filing a form using the wrong method could potentially result in a rejection, delay, or the need to resubmit the application. At this time, there is no specific date for when these changes will take effect. However, individuals who are planning to seek immigration benefits or file an application with USCIS should be aware of these upcoming changes and remain mindful that certain applications may be required to be completed and submitted online rather than by mail.
Which immigration forms can be affected?
The changes involve a wide range of immigration applications and petitions. These include filings related to:
• Green Cards — including Form I-90, Application to Replace Permanent Resident Card
• U.S. Citizenship — including Form N-400, Application for Naturalization
• Family-Based Immigration — including Form I-130, Petition for Alien Relative
• Asylum — including Form I-589, Application for Asylum and for Withholding of Removal
• Employment Authorization — including Form I-765, Application for Employment Authorization
• Temporary Protected Status (TPS) — including Form I-821, Application for Temporary Protected Status
• Employment-Based Immigration — including certain Form I-140, Immigrant Petition for Alien Workers
• Extensions or Changes of Status — including Form I-539, Application to Extend/Change Nonimmigrant Status
• Removal of Conditions on Residence — including Form I-751, Petition to Remove Conditions on Residence
Important: The inclusion of a form on this list does not necessarily mean that every filing of that form is already required to be submitted online. The exact forms and filing categories that become mandatory e-file cases will depend on subsequent USCIS notices and instructions.
Why Applicants Need to Pay Attention
Immigration filing procedures can change over time. A form that an applicant previously mailed to USCIS may have different filing instructions when they submit a new application.
Applicants should not rely solely on how they—or someone they know—filed an immigration application in the past. Instead, they should review the current USCIS instructions for their specific form and filing category before submitting anything.
It is also important to make sure that the correct version of the form is being used and that all required supporting documents and information are included.
What Happens If You File the Wrong Way?
Submitting an application using an incorrect filing method can create unnecessary problems. Depending on the circumstances, USCIS may reject or return a filing rather than processing it.
For someone dealing with an important immigration deadline, a rejected filing can be especially concerning. Applicants should therefore take the time to confirm whether their particular application must be filed online, can be filed online, or must still be submitted by mail.
Online Filing Does Not Mean You Should File Without Reviewing Your Case
Although online filing can make submitting immigration forms more convenient, applicants still need to make sure the information in their application is accurate and complete.
An online form can still contain mistakes. Applicants should carefully review questions, upload the correct supporting documents, and make sure they are filing under the appropriate immigration category.
The filing method is only one part of a successful immigration application. The information and evidence submitted with the application are also extremely important.
Stay Up to Date With USCIS Changes
USCIS regularly updates its forms, filing procedures, fees, and submission requirements. Because these requirements can change, it is important to check the current USCIS instructions before filing an immigration application.
If you are unsure whether your immigration application should be filed online or by mail, or if you are unsure which forms and documents are required for your situation, consider speaking with an experienced immigration attorney before submitting your application.
At Delgado Law Firm, PLLC, we help individuals and families navigate changing immigration requirements and understand the steps involved in their cases.
Don’t wait until a filing mistake causes a delay. Make sure you understand the current filing requirements before submitting your immigration application.