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.
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