eSignature Lawfulness for Affidavit of Identity in United States

How to eSign a document: eSignature lawfulness for Affidavit of Identity in United States

Hello, good evening people. I hope you guys are doing fine. I'm doing good. It's almost the end of the work day. I decided to come on live for a very quick one. I haven't been on live this week. I hope you guys had a wonderful Thanksgiving as I did and everyone is fine. Okay, so today we're going to be talking about signatures. Signatures you know, when you're submitting your US immigration applications, what you should note about Signatures okay? The things you have to note when it comes to signatures because every application has to be signed. Um some of the applications have to be signed by the petitioners and some of the applications have to be signed by the beneficiaries. Some have to be signed by both. So, you need to know, you know, what valid, what a valid signature constitute. So, just a quick one today, we'll be talking about signatures. Okay, so here. So, there's a signature requirements for every type of application that you file, the US government needs to know that yes, you are who you say you are and you you know, you actually approve the request. So, so that it's not just somebody asking for something on your behalf and you you don't even know about it. So, they need to know that it's you who's making this request or is you who's seeking the benefits, okay? So, USCIS, the United States Citizenship and Immigration Services, they require a valid signature on application petitions, requests, and certain documents that are filed. Okay, so when we talk about valid signature that when when valid has been defined by US Immigration and so that's what we're going to be focusing on today. Let me just jump. Okay, let me just mention this. Um, then we'll jump to what does it mean to have for a petition or an application to have a valid signature. So, in order to maintain the integrity of the Immigration Benefit System and validate the identity of benefit requesters, so the USCIs will reject any benefit request with an improper signature. Very typical of them and they will return it to you. Um and USCIS doesn't provide an opportunity to correct or cure a deficient signature. So note that, you may resubmit with a with a valid signature, as long as all other filing requirements are made. So normally when you file up an application, first thing, they will to see if all the if all the places are that are supposed to be signed have been signed. If an application is missing a signature, they'll reject the whole package. Um, a rejection, remember, is different from a denial. So, rejection means that they will send it back to you. Your, that means your application hasn't been received, well, it hasn't been properly received, and it has not been adjudicated on its merits, it's just a procedural defect, okay. But it's still important to make sure this right and okay so let me, let me move on to, let's talk about ehm, valid signatures. And then maybe on Wednesday or Thursday I think we'll we'll continue with this. So a valid signature consists of any handwritten mark or sign made by a person to signify the following. So a valid signature means one of three things. The first thing is that the person who's signing knows of the content of the request and any supporting documents. Um so this is very very similar to a will. Signing a will. If you see that your old billionaire grandfather is dying and you want you've gone to write that, okay, I will all my properties to me. You know, you put your name there and then your old billionaire grandfather can't even say you put the, you, you let him hold the pen and say, oh, grandpa, sign here, sign here, it's my book. I just want you to just sign up for my book because I I you know, I love you so much. That signature is not valid. Um if a purport to transfer all his property or his estate to you because your grandpa, your billion grandpa didn't know the content of the of the of the of the document, okay? So, we have a visitor here, so excuse any jumps and screams you hear. Um so, the person who's signing the the Immigration application has to know the content of that request and supporting document. Some people will, you know, file applications and claim that their spouses signed off but then they wait until their spouses are drunk or whatever and then, say that, look, sign here, they just sign and then they go fill in all the details, you know. So, be mindful that. It has to be a valid signature on your Immigration application. The person who is signing needs to know the content of the request and needs to know that, okay, these are the supporting documents, okay? Then the second thing is that, the person has reviewed and approves of any information that is contained in the request and any supporting documents. So, the person must know, the person signing must know And then the, they must review and approve. And then the third thing is that the person also certifies under penalty of perjury that the request and any other supporting documents are true and correct. okay? So, the point of this is that, so these are not alternatives, these work together. All three conditions must be met for a a signature to be valid, okay? So, it's not the person has reviewed and and approves or the person satisfies. No, the person knows of the content and has viewed and approved and they certify under penalty of perjury that the request is you know true and correct, okay. Um so so that's it. Let me see I think that hm we are going to end it very soon. I'm sorry yesterday. I don't I don't have too much, I came on quite late so. Okay, let's talk about this. A valid signature does not need to be legible or in English. Of course, you know some people have the very the rich man's signature, you know, they know how to sign very nicely, you see that, okay, yeah, this signature is not the, not the type that is like, okay, you're writing all the alphabets of all the, all the letters of the alphabets, you know, so, it doesn't have to be legible or in English, you know, your signature can be in Arabic, it can have two dots and an O, it can be, you know, it can be in any language, so far as it's a signature, then that's fine, and then it may be, it may be abbreviated as long as it's consistent with how you generally sign, you know, your name and eh valid signature, it doesn't have to be cursive handwriting. People think that, oh, my signature has to be beautiful and cursive and it has to be in English like okay, my name is, no, it doesn't have all those rules. And then the other thing is that you may, the person who's signing can also mark, do a mark, like an X, or any type of mark, and then they add a thumb print. You know, it become alright. Some people can't write. So those are the various ways in which they can produce valid sign for purposes of US Immigration Applications okay? And then the signature is valid even if the original signature on the bottom is photocopied, scanned, faxed, or similarly reproduced. Um regardless of how it's transmitted, the copy must be of an original document containing an original handwritten signature. Okay, so what USCIS normally request is that? Even if you are reproducing a copy that has a signature that has been scanned or copied. The original document has to have a wet signature, okay? An original handwritten signature with a pen. Once that is done, then you can fax or sign or photocopy and then send to them, that's fine. But they don't want an E signature, you know, where you use a computer to generate your signature. You have to hold a pen what is known as a wet signature and give them a wet ink signature. So, the regulations do not require that the person signing, submit an original or wet ink signature, okay? But the point is that the original signature must have been wet and then you can decide to scan or photocopy your I I hope it's because sometimes people get very confused about this other even some attorneys get confused about this. So, you need to make sure you are submitting the right signature on your application. Okay, guys. Interesting. Today, I didn't even ask you guys to drop your comments. Oh, okay. Let me go back and let me see if we have a couple of comments because I need to rush off in a jiffy. So, my heart Yazidi says, how about applying from overseas? Uh me and my wife, American citizen, we live in Tunisia now and we try to move living in the USA. What's the process of my situation? Maha, thank you first of all so much for joining. And yes, we can help you. Please make sure you call the line. Um eight zero, two, seven, eight, hundred, five, 6, 4 and your wife is an an American citizen. Well, generally you can file a part of the application from overseas. The I-130 For example, can be filed from overseas. Uh the American citizen can be overseas but when it comes to the I eight six four, where you know, your wife has to, the petitioner has to support you so that, you know, she's filing an affidavit of a support for you. There's a domicile requirement which usually requires that the American citizen lives here but there are some exceptions. You know, even though you don't live here, there are some exceptions, there are some great areas where we can look at see if you your you or your wife qualifies to actually file the entire application. So, please get in touch with us. Um eight, zero, two, seven, eight, hundred, five, six, four or or you can book a consult directly on our website. We share our cycling all the time, we handle all types of US immigration law matters, handle clients all around the US, and all around the world, but yeah, we focus ehm, a lot of our energies on, on, on, on the cases here, but yes, if you are outside the US, that's also fine, ehm, you can just book your consult straight up and we will help you, okay guys? So, I hope you guys enjoy this live video, I will see you, you guys again, before the end of the week, I wish you a wonderful rest of the week, please take care, be safe and bye Bye.