
This sponsored column is by Law Office of James Montana PLLC. All questions about it should be directed to James Montana, Esq., Janice Chen, Esq., and Victoria Khaydar, Esq., practicing attorneys at The Law Office of James Montana PLLC, an immigration-focused law firm located in Falls Church, Virginia. The legal information given here is general in nature. If you want legal advice, contact us for an appointment.
Immigration forms are forms. Traditionally, the medium for forms is paper. The U.S. immigration authorities have – laudably – been modernizing their system to accept both paper filings and online filings. This week, in a less laudable move, USCIS announced that they will shortly be accepting only online filings and almost never accept paper filings. This is a serious misstep. In this advertorial, we will discuss the USCIS proposed rule concerning online filing, the advantages and disadvantages thereof, and offer a few thoughts about what may be motivating the agency.
First, what does USCIS say? USCIS says that requiring online filing will make data “easier to receive, store, and accss,” will “enhance fraud detection,” and reduce errors in application filing and adjudication. All of that may be true. USCIS also says that online filing will “accelerate the shift to electronic fee payments.” That isn’t true; USCIS has been exclusively requiring electronic payment even for paper-filed forms for months – we told you about that almost a year ago!
Our view is that the main advantage of the system is probably improvements in putative (and actual) fraud detection. USCIS’s most scalable tool for detecting fraud is its ability to compare applications filed at widely disparate times. If an asylum application based on membership in a banned political party is filed in 2005, and asylum granted in 2012, and the asylee claims never to have belonged to a political part in his application for adjustment of status filed in 2026, that raises important questions for the adjudicator. Detection of the variance in a paper-based system is much harder than in a database-based system. (There is a question in the asylum application about membership in political parties, and there is a question in the green card application about political parties: make the match!)
The disadvantages of electronic filing are also significant.
The first and most significant disadvantage of online filing is the government’s limited ability to build (and maintain) a filing system that works. The State Department’s visa application processing system (the Consular Electronic Information System, or CEAC) goes down for scheduled and unscheduled maintenance quite frequently. USCIS’s current infrastructure, although far better than CEAC, also has its problems – unexplained timeouts, wonky labeling for evidence, and form fields which do not match the actual forms are all part of the experience.
A second disadvantage of online filing is that it expands the gap between the haves and the have-nots. USCIS already charges a supplemental fee – typically, $50 – if you choose to file an application on paper. Applicants who file on paper typically are older, have fewer financial resources, and are less skilled with computer systems. Applicants who cannot presently file on paper are not going to learn how to create an online account with two-factor authentication – instead, they will turn to a lawyer (in the best case) or an unsavory document preparer (in the all-too-common case) to do it for them. That will increase fees for those who are least able to afford them.









