USCIS Guidance on Mobile and Remote Biometrics Collection

 

For security reasons, the U.S. Citizenship and Immigration Services (USCIS) generally are required to capture an applicant's biometric information such as fingerprints and photographs before they approve any immigration-related applications. Applicants are required to attend a biometrics appointment at a designated Application Support Center (ASC) near their place of residence. However, there are instances in which the applicant is not able to attend these appointments due to a disability or other physical conditions. Recently, USCIS has issued guidance regarding and remote biometrics collection.

Applicants with Disability or Health Condition

Under this policy, USCIS may provide domestic mobile biometric services for applicants who have a disability or health reason that prevents them from physically appearing in person for their appointment. USCIS may also exercise its discretion to provide domestic mobile biometric services in other limited circumstances. For example, applicants who are located in remote locations may also request for remote biometrics services.

Mobile biometrics services are generally performed by contractors to collect biometrics information from applicants at their locations. If USCIS is not able to provide mobile biometrics collection services due to a person’s remote location, USCIS may also choose to coordinate with local law enforcement agencies or other DHS components to collect biometrics on behalf of USCIS. 

Applicants in Custody

USCIS does not collect biometrics from persons in custody at correctional institutions, regardless of their immigration status. USCIS also does not approve requests to reschedule a biometrics appointment for reason of detention or incarceration. In the case of an incarcerated person, USCIS has an intradepartmental agreement with U.S. Immigration and Customs Enforcement (ICE) to complete background and security checks for individuals who are incarcerated at DHS facilities and applying for benefits with USCIS.

Fingerprint Waivers

Some applicants are not able to provide fingerprints at all because of a medical condition, such as a disability, birth defects, physical deformities, skin conditions, and psychiatric conditions. In these situations, USCIS may grant a fingerprint waiver if the following requirements are met:

1) The applicant or a related party has appeared in person for the biometrics collection; 2) ​An officer or authorized technician attempted to fingerprint the person (or determined that such an attempt was impossible); and 3) ​The officer determines that the person is unable to be fingerprinted at all or is unable to provide a single legible fingerprint.

A fingerprint waiver must be requested and approved for each individual application or petition.   If a waiver is granted, the applicant must still obtain local police clearance letters or other application-specific documentation covering the relevant periods to the immigration interview.  If an applicant is granted a fingerprint waiver or has two unclassifiable fingerprint results, USCIS will take a sworn statement from the person covering the relevant periods for the application.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

USCIS on Rescheduling COVID Biometrics Appointments

Are you still waiting for your fingerprinting appointment notice? Was your biometrics appointment canceled from between April and June due to the pandemic? Have you not heard from USCIS since then? Many applicants are in this same situation and are understandably worried about the state of their applications. 

Recently, USCIS made an announcement to address the delays of biometrics appointments. Many benefits applications such as I-539, I-485, I-765, and N-400 require a biometrics appointment. The unprecedented pandemic has caused cancellations and delays of these appointments at the Application Support Centers (ASC).  USCIS stated that ASC operations are now functioning at around 65% of pre-COVID levels. 

So how long can one expect to wait? There isn't a concrete answer, though a few factors are identified. Some benefit types, though not stated, are prioritized over others based on processing time and demand. USCIS states that they operate mostly on a first-in, first-out basis. This means within a category of application, biometrics rescheduling will be done in the order they were canceled. Other factors affecting wait time are capacity and demand of the relevant ASC.

Note that walk-ins for biometrics are not allowed (except for military) because of COVID-19 restrictions.

For applicants that have done biometrics for a past application, there is a chance that the biometrics can be reapplied and an ASC appointment is not needed. If USCIS decides to do this, they will send the applicant a courtesy I-797 Notice of Action. 

As of this month, USCIS states that there are still about 1.3 million applications awaiting a biometrics appointment.  Hence, though it may seem like your biometrics appointment has been forgotten by USCIS, it is most likely due to the delays that have unfortunately become the new norm.  Applicants should make plans accordingly in light of these delays. 

Proposal to Overhaul the Immigration Biometrics System

Immigrants will have to provide more than their fingerprints very soon under a new plan of the Trump Administration.  The Department of Homeland Security will soon be publishing a proposal to change how biometrics are taken and used for immigration purposes.

Biometrics are an important step in applying for many immigration benefits. Typically sometime after receiving an application, USCIS schedules a time and place for the applicant to go to an application support center and have their fingerprints and picture taken. The captured information is then used in background checks.

The new proposal would allow the use of new collection methods through voice, iris, and facial recognition technology. 

The way biometrics information is used would also change significantly. Its use would expand beyond background checks and into processes such as identity verification and secure document production.

How exactly, and thus how it will affect applicants, is not yet known.  What is clear is that more of immigrants' biometric information and data will be collected by the government. 

For example, DNA tests will also be incorporated as part of the proposed change. They can be used as evidence to establish that a claimed genetic relationship exists or does not exist. For many years, DNA tests have already been used as scientific evidence in building cases such as family petitions, especially when there is sparse other evidence.  The proposal will likely expand their usage and application. 

From what has been announced so far, it seems like biometrics collection and use will be receiving practical upgrades through technology and improved administration processing. The Notice of Proposed Rulemaking should be published soon, meaning more details will be accessible shortly.

USCIS is Using Fingerprints in File for EAD and Travel Document Applications

Due to COVID-19, USCIS advised the public in meetings that existing fingerprints and biometrics in file are being used in I-765 Employment Authorization Document (EAD) applications. Separately, our law office has also received notices from USCIS that it is applying existing fingerprints of applicants in I-131 travel document (e.g., advance parole) applications. 

Hence, applicants  of these applications do not have to attend another biometrics appointment at an Application Support Center (ASC). 

VSC Biometrics Notices Delayed Due to System Issues

If you filed any immigration petitions in December 2014 and January 2015 with the Vermont Service Center (VSC) that require fingerprinting, your biometrics appointment notices will likely to come late.  

The VSC has informed AILA that due to technical issues with its biometric scheduling system, there has been a "temporary halt in sending biometrics notices in all cases at VSC with the exception of TPS-related applications."  VSC's developers are working on the problems and biometrics appointment notices are expected to be sent out again starting  February 12, 2015.  (AILA Doc. No. 15020940.)