While it might seem like a minor issue, the blank space rejection policy can affect your immigration status, and more importantly your immigration paperwork that was difficult to file in the first place. In this post, we will review what exactly the Blank Space Rejection policy is, how it can affects different types of immigration applicants, and also recent news as to how the policy surrounding blank space on USCIS forms has changed.
Background
The Trump Administration was largely known in immigration circles as being predatory towards rejecting those seeking immigration benefits, even if there was no major issue with an individuals application. This fits in nicely with the conversation surrounding the “blank space” policy. Essentially, what the blank space policy dictated was that an immigration application could be rejected by the USCIS if the applicant left questions blank or did not provide an answer.[1]
This meant that an applicant could file for an adjustment of status, and adjudicating USCIS officers could officially reject the application without issuing an RFE. Some immigration advocates were staunchly opposed to this rule, citing that it was injustice to applicants who have clean records and are otherwise admissible to the United States.
The New Policy
The new policy, enacted by the Biden Administration, now commands the USCIS to not reject immigration applicants, even if there is blank space on their applications. However, and importantly, this does not refer to all immigration applications. The official news is that it only pertains to the following documents right now:
- Form I-589, Application for Asylum and for Withholding or Removal
- Form I-918, Petition for U Non-immigrant status
- Form I-918, Supplement A (Petition for Qualifying Family Member)
Applicants whose forms were rejected under the former policy may resubmit their request on or before July 20, 2022, to obtain an updated receipt reflecting the date their rejected request was originally filed.[2]
While the news is important for those who have filed these USCIS applications, the blank space rejection policy still does not affect those who have filed other applications—like adjustment of status applications. In other words, there has been no ruling on how the USCIS will adjudicate applications that are far more common.
The American Immigration Lawyers Association (AILA) notes that applicants can be rejected or have problems with the USCIS when they forget to put the following information in their forms:
- Passport Number/Travel Document
- Close Family information
- Name in Native Alphabet
- Middle name[3]
In addition, applicants who actually write into the answer of certain questions “Not applicable” can be rejected because the official terminology is N/A. Overall, this policy has consequences for a wide range of immigration applicants, but especially those applying for a green card/AOS. If you find yourself not able to answer a question on the application, seek the consult of a legal expert, or our very own immigration lawyers at Visa2us.com.
