The “Secure Mail” Demand of USCIS Can Put Immigrants in a Stuck Position

At the same time, the debate over proposed U.S. Citizenship and Immigration Services (USCIS) fee hikes Another big update has slipped through the cracks. The latest rules accompanying the fee increases were that USCIS would ask immigrants to show ID and sign when mailed important immigration documents (green cards, work permits, certificates of naturalization). This change could end up costing many applicants their timely arrival, simply because they were not able to be in the room when the documents came, the American Immigration Lawyers Association (AILA) warns.

What Is The New “Secure Mail” Policy Like?

Under the new system, USCIS will apply the U.S. The Signature Confirmation Restricted Delivery (SCRD) option from the Postal Service. That means that the postal worker will have to turn all mailings in as undeliverable if someone doesn’t have an ID and can sign for papers in person.

For a great many immigrants, particularly those on low incomes, high demands, or limited access to U.S. identification, this may not even get them vital immigration papers. Even more difficult will be signing for mail for refugees and asylum seekers who lack valid U.S. IDs or foreign passports.

What If You Can’t Be In Time To Receive Your Documents?

While USCIS does permit immigrants to assign someone else to pick up their papers or receive their mail from a US postal service, it doesn’t work that way. Postal Service (USPS) office, but many immigrants don’t know how to handle all of this.

Even applicants who make arrangements to send their papers to their lawyer’s office could still be in trouble. During the new procedure, USPS will send documents only if the applicant’s lawyer is physically present to receive them. USPS will not leave the paperwork with a receptionist or another lawyer in the office if the lawyer is out of town, taking a leave of absence, or for any other reason. Rather, the documents will be turned back to USCIS as undeliverable, and potentially even longer.

Why Is USCIS Coming Up With This Rule?

This isn’t the first time USCIS has accessed SCRD. This “Secure Mail initiative” was introduced back in 2018 but only for documents that had already been returned as non-deliverable via regular mail. This new policy, however, will use SCRD to enlist all green cards, work permits, naturalization certificates, and other documents that USCIS sends to you.

USCIS is still silent on why it’s expanding the use of SCRD right now. Indeed, the Office of Inspector General at the Department of Homeland Security has suggested that USCIS instead use the looser Signature Confirmation system which would be more flexible in terms of document delivery.

Even the expense of scaling up the SCRD network is a factor. This move will add $26.9 million in extra cost to the U.S. taxpayer this year, according to USCIS estimates. That cost could go up even higher since the new regulations would allow USCIS to broaden SCRD to include more immigration documents with a mere change in the immigration form instructions – without notice to immigrants or their attorneys.

And What Does This Mean For Immigrants?

So far, USCIS is considering more than 30,000 public comments, one from Law and Visas on proposed fee increases and related policy changes. Maybe a few of these measures could be tweaked or smoothed out before they’re in force.

For immigrants waiting for documents, this “secure mail” policy could mean long lines and confusion. This in-person delivery could also add further challenges, especially for users who have a hard time staying in their seats when their files come in. Whether you need to process an immigration petition or an important medical statement, keep track of your mail and be prepared for any difficulties the new delivery method may bring.

Stay Informed

We’ll keep you posted as it gets announced about the new “secure mail” rule at USCIS and anything else that may affect your immigration process. You can speak with an immigration attorney if you have questions on how these changes might affect you or if you are just interested in the process and want to get guidance and support throughout your process.

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