USCIS will accept cases of certain immigrants rejected for leaving "a blank space".
The Office of Citizenship and Immigration Services ( USCIS ) reached a settlement in court on a class action lawsuit by immigrants whose petitions were rejected because they left "a blank space" on the corresponding forms.
"Applicants affected have until July 20, 2022 to obtain a retroactive (case) receipt date," the agency said in a statement.
The Vangala et al. v. USCIS et al is a class action lawsuit that was filed in November 2020, led by three cases that complained to the Northern District Court of California, Oakland Division, alleging that their visa applications were rejected for having left “several pages in white, "according to court documents.
USCIS reported that it reached "a settlement agreement," which will benefit an unknown number of non-citizens with similar problems .
"The settlement allows certain individuals to obtain updated receipt dates for resubmitted immigration benefit applications and petitions that were originally rejected under the above criteria regarding blanks," the agency said. "Under the previous policy, USCIS rejected applications that had blank boxes or spaces."
The legal conflict began during the administration of President Donald Trump , but the administration of President Joe Biden changed its policies on the so-called “Blank Space Rule” in order to facilitate immigration processes. The agreement reached in court is tied with the new policy.
On April 1, the agency reported that it will stop applying that rule , but could later ask immigrants to complete the form without affecting their case. This includes asylum seekers .
"USCIS has returned to the rejection criteria (of petitions) that existed ... before October 2019," the agency said. "USCIS will no longer reject Form I-589, Form I-612, or Form I-918 if an applicant leaves a blank . "
The new agreement is specific to the rejection policy regarding blank spaces that was applied to three forms, the agency indicates in reference to requests for asylum, U visas and U-1 visas.
" Individuals whose forms were rejected under the previous policy can resubmit their petitions on or before July 20, 2022 , to obtain an updated receipt that reflects the date the rejected petition was initially filed," the agency said.
There are some people who may have resubmitted their applications after rejection, but could still benefit from the new agreement.
"People who resubmitted these forms before the effective date of this settlement (July 20, 2021) can also submit documentation on or before July 20, 2022," he assured.
USCIS indicated that it will notify the individuals it has identified as potential beneficiaries of the settlement agreement.
The benefited forms
>> Form I-589 , Application for Asylum and Withholding of Removal;
>> Form I-918 , Petition for U Nonimmigrant Status; and
>> Form I-918A , Petition for Eligible Family Member of a U-1 Visa Recipient (PDF, 628.59 KB).