8 CFR 103.2 is the federal regulation that governs how U.S. Citizenship and Immigration Services receives, processes, and decides immigration benefit requests. It applies across benefit types, from family petitions to green card applications to naturalization, and it sets the baseline rules for signatures, fees, evidence, deadlines, and what happens when something is missing. If a form instruction and this regulation seem to conflict, the form instructions control.
The practical value of knowing this regulation is that it tells you exactly what makes a filing “properly filed” and what will get it rejected, denied, or treated as abandoned. Most USCIS problems trace back to one of those categories.
How a Filing Must Be Submitted
Every application or petition must use the current edition of the required form and follow the instructions printed on that form. Submitting a superseded edition after its grace period ends causes USCIS to reject the entire package and return it without processing.1U.S. Citizenship and Immigration Services. Forms Updates
A valid signature is required on every benefit request. You sign your own application personally, and that signature certifies under penalty of perjury that everything in the filing is true and correct. A parent or legal guardian signs for a child under 14, and a legal guardian signs for a mentally incompetent person of any age.2U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 1 Part B Chapter 2 – Signatures USCIS does not accept signatures created by a typewriter, stamp, auto-pen, or similar device, and a typed name on a signature line will be rejected. A photocopied, scanned, or faxed reproduction of your handwritten signature does count, so you do not need to send a wet-ink original for paper filings. For online filings, USCIS accepts electronic signatures made according to the form’s signing instructions.
The correct fee must accompany the filing, and fees are generally nonrefundable regardless of outcome.3eCFR. 8 CFR 103.2 – Submission and Adjudication of Benefit Requests For paper filings, USCIS no longer accepts personal checks, business checks, money orders, or cashier’s checks unless you qualify for an exemption; you pay by credit, debit, or prepaid card using Form G-1450, or by direct bank withdrawal using Form G-1650.4U.S. Citizenship and Immigration Services. Pay With a Credit Card by Mail Submitting the wrong fee amount causes USCIS to reject and return the package with no filing date assigned.
You are not required to hire an attorney. If you do, your representative files Form G-28 with the underlying application, and both you and the representative must sign it. An unsigned G-28 will be rejected. Once the G-28 is on file, USCIS communicates with your representative for most correspondence about the case.5U.S. Citizenship and Immigration Services. G-28, Notice of Entry of Appearance as Attorney or Accredited Representative
What Counts as Proper Evidence
You must establish eligibility at the time of filing and maintain it through the entire adjudication. Every application must include the initial evidence specified in the regulations and form instructions.3eCFR. 8 CFR 103.2 – Submission and Adjudication of Benefit Requests Clear photocopies of documents like birth certificates are generally accepted, but USCIS can request originals at any point during review.
Foreign-Language Documents
Any document in a foreign language must include a complete English translation. The translator must certify that the translation is complete and accurate and that they are competent to translate from that language into English. The rule does not require a professional translator, but whoever translates the document must sign the certification.3eCFR. 8 CFR 103.2 – Submission and Adjudication of Benefit Requests Missing or incomplete translations are one of the most common causes of evidence-related delays.
The Primary, Secondary, Affidavit Hierarchy
USCIS expects official government records like birth and marriage certificates as primary evidence. When a primary document does not exist or cannot be obtained, you must submit a written statement on government letterhead from the relevant authority explaining why the record is unavailable and whether similar records from that time and place exist. Only after showing that gap can you submit secondary evidence such as church or school records.3eCFR. 8 CFR 103.2 – Submission and Adjudication of Benefit Requests
If secondary evidence is also unavailable, you must demonstrate that neither the primary nor secondary records exist, then provide at least two sworn affidavits from people with direct personal knowledge of the relevant facts. Those affiants cannot be parties to the petition. Skipping a tier in this chain, such as submitting affidavits without first trying to obtain the government record and then the alternative records, creates a presumption of ineligibility that is difficult to overcome.
When Your Filing Date Sticks
USCIS records the filing date as the actual date it receives the application at the correct location, on paper or electronically. That date only sticks if the application is properly filed, meaning it carries a valid signature, the correct fee, and complies with the regulations for that form. A rejected filing retains no filing date at all.3eCFR. 8 CFR 103.2 – Submission and Adjudication of Benefit Requests For petitions where priority dates decide when a visa becomes available, this distinction can matter for years of waiting time.
Once accepted, USCIS issues a Form I-797C, Notice of Action, as your receipt. It confirms the filing entered adjudication and contains a receipt number for online case tracking.6U.S. Citizenship and Immigration Services. Form I-797C, Notice of Action The I-797C does not signal that USCIS has decided anything about your eligibility. It only signals that the case passed intake.
Requests for Evidence and Notices of Intent to Deny
When the record does not establish eligibility, USCIS has three options: deny the case outright, issue a Request for Evidence (RFE) specifying what more it needs, or issue a Notice of Intent to Deny (NOID) explaining why it plans to reject the case and giving you a chance to respond.3eCFR. 8 CFR 103.2 – Submission and Adjudication of Benefit Requests The two notices carry very different deadlines.
Request for Evidence Deadlines
An RFE lists the specific documentation needed and sets a response deadline. The regulation caps that deadline at 12 weeks (84 calendar days), and USCIS cannot grant extensions. The notice itself states the specific deadline for your case, which may be shorter than 84 days. Your response must be complete and submitted in a single package; a partial response forces a final decision on an incomplete record.
Notice of Intent to Deny Deadlines
A NOID is more serious. It means the officer has concluded the evidence does not support approval and is giving you a last opportunity to change that outcome. The maximum NOID response window is 30 days, and no extensions are available.3eCFR. 8 CFR 103.2 – Submission and Adjudication of Benefit Requests Separately, if USCIS plans to rely on derogatory information you are unaware of, such as fraud findings or negative background check results, the regulation requires the agency to disclose that information and give you a chance to rebut it before denying.
The Three-Day Mailing Rule
When USCIS sends a notice by mail, three days are added to the response deadline to account for delivery. A 30-day NOID becomes 33 days, and an 84-day RFE becomes 87 days. The extension is automatic and does not need to be requested.7eCFR. 8 CFR 103.8 – Service of Decisions and Other Notices USCIS counts from the date the notice was mailed, not the date you received it, so mail delays eat into your response time rather than extending it.
Missing a Deadline or Appointment
If you fail to respond to an RFE or NOID by the deadline, USCIS can deny the case as abandoned, deny it on the existing record, or both. An abandonment denial cannot be appealed, though you can file a motion to reopen if you can show the denial was in error. You also lose the priority date associated with that filing, and it cannot be transferred to a new application.3eCFR. 8 CFR 103.2 – Submission and Adjudication of Benefit Requests
The same abandonment consequence applies to biometrics and interview appointments. Missing a biometrics appointment at an Application Support Center, without submitting a rescheduling request or change-of-address notice beforehand, results in the application being treated as abandoned and denied.8U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 1 Part C Chapter 2 – Biometrics Collection Bring the appointment notice and valid, unexpired photo identification such as a passport, green card, or driver’s license. If you know in advance you cannot make it, submit a rescheduling request before the scheduled date.
One narrow exception: asylum applicants who fail to appear for fingerprinting without good cause do not receive an abandonment denial. Instead, USCIS either dismisses the asylum application if the person is in lawful status, or refers it to an immigration judge.
Final Decisions and What Comes Next
Adjudication ends when USCIS issues a written decision. A denial notice explains the specific legal grounds. A rejection is different: rejections happen at intake for technical problems like a missing signature or wrong fee and mean the case never entered adjudication.
Appeals
Many denials can be appealed on Form I-290B. You generally have 30 calendar days from the date USCIS serves the denial to file, with the extra three days added when the decision was mailed, giving you an effective 33-day deadline. For appeals of immigrant petition revocations, the window is 15 days, or 18 if mailed.9U.S. Citizenship and Immigration Services. I-290B, Notice of Appeal or Motion Not every denial is appealable. Abandonment denials, for example, cannot be appealed but can be challenged through a motion to reopen.
Motions to Reopen and Motions to Reconsider
These are two distinct tools with different purposes. A motion to reopen is based on new facts that were not available when the original decision issued and must be supported by affidavits or documentary evidence. A motion to reconsider argues that USCIS misapplied the law or policy to the facts already in the record.10eCFR. 8 CFR 103.5 – Reopening or Reconsideration
Both are filed on Form I-290B within 30 days of the unfavorable decision, along with the required fee. For motions to reopen, USCIS can excuse the 30-day deadline if it finds the delay was reasonable and beyond your control. No such flexibility exists for motions to reconsider. Filing either motion does not pause a departure deadline or stop the execution of the denial; the case stays denied while the motion is pending.
Voluntary Withdrawal
You can withdraw a benefit request at any time before USCIS issues a final decision, or for approved petitions, before the beneficiary is admitted or granted status. The withdrawal must be in writing, and once USCIS acknowledges it, you cannot take it back. A withdrawal cannot be appealed.3eCFR. 8 CFR 103.2 – Submission and Adjudication of Benefit Requests You can file a new application with a new fee, but the priority date from the withdrawn case does not carry over. The facts and circumstances from the withdrawn filing remain part of the record and can be considered in any future benefit request.