How to submit a public comment on an immigration rule or form

This page explains how to comment on federal rules and forms. It is general information, not legal advice. To change a California law, see How to talk to your lawmakers about what your family needs.

Can I comment if I am not a citizen?

Yes. Federal agencies ask for comments from the public, and the public means everyone. You do not need to be a citizen, a voter or a lawyer. You do not need to give your immigration status. You can comment as yourself, for your family, or for a group.

Comments can come from:

• People who will fill out the form or live under the rule
• Families and neighbors who will feel the effects
• Teachers, doctors, pastors and nonprofit staff who see the effects up close
• Churches, schools, clinics and community groups

Does a comment really matter?

It can. Federal law requires agencies to give people a chance to send written comments before most new rules take effect. The agency then has to consider what it received before it writes the final rule, and explain the basis for the rule it adopts.

Comments also help in quieter ways. They put real stories and facts on the public record. They show how many people care. They point out mistakes, like a form question that confuses people or asks for things the law does not require.

A comment does not guarantee a change. Be real about that. But silence guarantees the agency hears only one side.

What is the difference between a rule and a form?

Both can be changed through public comment, and the steps are a bit different.

A rule (also called a regulation). This sets out how a law will work, such as who qualifies for a benefit or what fee to pay. A proposed rule is often called a "Notice of Proposed Rulemaking." It says how long you have to comment and where to send it.

A form (also called an information collection). Agencies must ask the public before they create or change a form, like a new question on a USCIS application. For USCIS forms the pattern usually looks like this:

1. A 60 day notice. You send comments to USCIS through regulations.gov.
2. A 30 day notice. After that, the agency asks the White House Office of Management and Budget to approve the form. The second notice asks for comments within 30 days and says where to send them.

Form changes can look small, but they can change who applies and what the government learns about them. That is why groups like the Immigrant Legal Resource Center encourage people to comment on forms too.

How do I find something to comment on?

1. Go to regulations.gov. Type "USCIS," "immigration," or the name of a form, like "I-485."
2. Look for open items. Items still open for comment show a Comment button.
3. Open the notice and read the top part first. Look for:
   • DATES: the last day to comment
   • ADDRESSES: where and how to send your comment
   • Docket ID: a number like "USCIS-2007-0037." Write it down.
   • OMB Control Number (for forms): a number like "1615-0121." Write it down too.
4. Read the summary. You do not need to read every page. The summary tells you what is changing.

You can also search on federalregister.gov, the government's daily list of new rules and notices. Many nonprofits also send alerts when an immigration comment period opens.

How do I submit my comment online?

1. Click the Comment button on the notice page on regulations.gov, or the "Submit a Formal Comment" button on federalregister.gov.
2. Type your comment in the box, or attach a file. A file is useful for a longer letter.
3. Include the Docket ID, and for a form, the OMB Control Number. USCIS form notices say every comment must include these.
4. Choose how to identify yourself. You can give your name, list an organization, or comment anonymously. Read the next section before you choose.
5. Check the required fields and click Submit Comment.
6. Save your tracking number. You will get one when your comment goes through. Take a screenshot.

Most notices also list a mailing address. Mail can arrive late, so online is safer. Submit a day or two before the deadline in case the site is slow.

Is my comment public?

Yes. Plan on it. For USCIS, everything you send is posted online as is, including any personal information you include. Anyone can read it. DHS says it may hold back information that could affect someone's privacy, but do not count on that.

Protect yourself:

• Never include your A number, receipt number, Social Security number, date of birth, home address or phone number.
• Do not name your immigration status unless you have decided, with care, that you want it public. You can say "my family" or "people in my community" instead.
• Do not include other people's private details. No names, case details or photos of others without their clear permission.
• You may comment anonymously. If you do, leave identifying details out of the comment itself, too. A story can be specific without saying who you are.
• Ask a trusted group to file for you. A church, school or nonprofit can gather comments and submit them, or write one comment that shares many stories without names.

If you are in an open immigration case, talk to your lawyer or a DOJ accredited representative before you share details of your case in public. For more on this choice, see What to know before you share your immigration story in public.

What makes a comment count?

Agencies must consider the relevant points people raise, so give them something real to consider. A good comment:

• Says clearly what you want. "I oppose the new question on Form X." Or "Please keep the fee waiver."
• Explains why, with facts. How would this change affect real people? How long would the form take? Would people skip help they qualify for because they are afraid?
• Shares experience, without private details. "As a school counselor, I see families skip free lunch because they fear forms like this."
• Answers the agency's questions. Form notices ask about four things: whether the form is needed, how much time it takes, how to make it clearer, and how to make it less of a burden. Speak to any you can.
• Suggests a fix. Remove a question, make it optional, translate it, or allow online filing.
• Is in your own words. Groups often share sample letters. Use them as a guide, then add a sentence or two that is yours.

It does not need to be long. A clear, honest paragraph is better than pages of anger. Be respectful. DHS may withhold comments it finds offensive.

Can my group or church comment together?

Yes. Ways to do it:

• Host a comment night. Bring laptops or phones, a printed copy of the summary, and someone who can help with English. Use the worksheet below.
• Send one group letter that shares many stories with no names. Have a leader sign for the group.
• Help people submit their own. Sit beside them, but let each person decide what to say and whether to use their name.

Do not submit comments for someone without their OK, and do not use made up names. Keep it honest.

Quick answers

Will ICE see my comment? Anyone can read public comments, including government staff. That is why you should leave out your status and personal details, or comment anonymously.

What if I miss the deadline? Late comments may not be considered. Watch for the next round. Forms usually have a second 30 day notice, and new rules come up often.

Do I need to read the whole rule? No. Read the summary and the part that matters to you. Comment on that.

Can a teenager comment? The notices invite comments from the public, and a young person's story can be powerful. Parents and teachers should help them protect their privacy.

How do I know my comment went through? You get a comment tracking number when you submit online. Keep it. If you have a question about your comment, the notice lists a contact person for questions about that notice.

Who can help?

These groups write about immigration policy and often share comment guides. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Immigrant Legal Resource Center (ILRC): publishes guides on commenting on federal rules and forms at ilrc.org
• Community Legal Services in East Palo Alto: for questions about your own case before you share it, 650-326-6440, walk ins Monday to Friday, 9 a.m. to 1 p.m., 1861 Bay Road
• Anywhere in California: the state's map of free immigration legal services, or call (916) 651-8017

Is there a worksheet I can print?

Your voice belongs in this process. Every comment adds one more true picture of how a rule lands on real families. Take one step today: find one open notice and read its summary. We are cheering you on.