Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
QUESTION: I am helping my 99-year-old Grandmother file an I-90 to renew her green card. She is vision and hearing impaired and cannot speak, read or write in English. Also, she is physically limited and bedridden. With these conditions, would USCIS accept her application where her signature was just a mark on the signature box. If I signed as her preparer, would that be sufficient? Once her interview is scheduled, since she is physically bed ridden, are there other ways to help her get through her interview process or is there a way she does not have to go for an interview?
THE IMMIGRATION ANSWER MAN – ARI SAUER: Except as explained below, applicants must sign their application forms. Any person who helps complete the form for an applicant should sign the form’s Declaration of Person Preparing Application. But the applicant still needs to sign the form as well. A signature does not have to be legible, in English, or contain the applicant’s full name. Where the applicant is incapable of signing their name, the applicant should be able to put down the mark that they normally use in lieu of a full signature.
However, a parent or legal guardian can sign for a child who is under the age of 14.
Also, a legal guardian can sign on behalf of an incapacitated adult. To be considered a legal guardian of an incapacitated adult, the person must have authority to sign as legal guardian on behalf of the incapacitated adult, either through a court appointment or through the execution of durable Power of Attorney or similar legally binding document. In such situations, a copy of the court order or Power of Attorney and evidence of the incapacitating disability, such as a letter from the person’s doctor, must accompany the form.
Form I-90 applications do not require an interview. However, they do require USCIS be able to acquire the person’s biometrics (fingerprints and photograph). This is usually done by scheduling an appointment for the applicant to appear at a USCIS Application Support Center. Where an incapacitated applicant is unable to appear for an interview or a biometrics appointment, evidence should be provided of the applicant’s inability to appear due to a physical, medical, or mental disability. In such situations, USCIS will either make necessary accommodations to allow the applicant to appear for an interview or biometrics appointment, waive the interview, arrange to send someone to the applicant’s residence to interview or collect biometrics, and/or arrange for the legal guardian or attorney to have the applicant’s biometrics collected and submitted to USCIS.
Also, currently the I-90 can be filed on-line on the USCIS website. But the application must still be submitted by the applicant, an authorized attorney, or a legal guardian (as described above).
Please see my contact information below if you would like to schedule a consultation appointment with me to discuss your immigration issue.
Published 5/18/17 by attorney Ari Sauer.
By Ari Sauer.
Submit questions to Ari Sauer – The Immigration Answer Man by emailing your question to firstname.lastname@example.org. Questions submitted by email may be posted on this site, without personal information, unless the email specifically requests that we not use the question for this site. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation appointment with attorney Ari Sauer. Sending in a question by email or any other means does not create an attorney-client relationship. * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not be current or apply to your particular situation. Readers are cautioned to schedule a consultation with an immigration lawyer rather than relying on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.