Visa Lawyer Blog

Articles Posted in Biometrics Appointments

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ai-generated-8489042_1280New details have emerged relating to a pending lawsuit before the U.S. District Court for the Eastern District of Texas known as  Texas et. al. vs. DHS et. al., Case No. 6:24-cv-00306 (E.D. Tex.), which is currently blocking the approval of applications filed under the Biden administration’s parole in place program.

Litigation Updates

On August 26th eleven individual intervening parties who stood to benefit from the parole in place program filed a motion to intervene in the Texas lawsuit.

Thereafter, on September 3rd the Texas district court judge denied the motion to intervene. As a result, the intervening parties filed an appeal before the U.S. Court of Appeals for the Fifth Circuit claiming the lower court’s denial of the motion to intervene was unjustified.

On September 11th  the Fifth Circuit Court ordered the lower court to freeze all proceedings until they have had the opportunity to hear the intervenors appeal.

A hearing date of October 10th has been set and the court has said that no further action can be taken in the lower court until that date.

The appellate court’s order states as follows, “Meaning no criticism of the district court’s recognition of the need for prompt resolution, this panel must have an opportunity to consider the merits briefs, scheduled to be received by September 16, and to hear argument on the appeal of the denial of intervention. Accordingly, we administratively STAY proceedings in the district court pending a decision on the merits or other order of this court. The stay issued by the district court will remain in effect pending further order of this court.”

What does this mean for parole in place applications?

In the meantime, USCIS can continue accepting and processing parole in place applications under the Keeping Families Together program, but it cannot approve cases until further notice.

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judgment-8442199_1280We have new developments to report relating to pending litigation for parole in place applications in the case Texas et. al. vs. DHS et. al., Case No. 6:24-cv-00306 (E.D. Tex.).

Yesterday evening, federal Judge J. Campbell Barker of the Eastern District Court of Texas issued a court order extending his previous administrative stay on parole in place (PIP) approvals for an additional 14-day period expiring on September 23, 2024.

The judge’s initial stay (of August 26th), which was set to expire on September 9, 2024, will now continue through September 23rd.

What does this mean for parole in place applications?

While the administrative stay is in place, those eligible for parole in place under the Keeping Families Together program can continue to submit the online Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens with the U.S. Citizenship and Immigration Services (USCIS).

USCIS will also continue to issue biometrics appointment notices to capture applicant biometrics during the administrative stay.

However, USCIS is prohibited from approving applications received for as long as the administrative stay is in place (currently until September 23rd)

This is because the Texas lawsuit challenges the legality of the Keeping Families Together program and approvals must be paused while the parties in the case make their arguments before the court, and a final ruling is made.

What’s next in the Texas lawsuit?

The court has ordered an accelerated hearing where motions for preliminary and permanent relief will be heard on September 18th.  The accelerated proceedings in this case mean that the judge could make a decision on the merits of the case in the coming months. However, despite the outcome in this case appeals are likely to be filed in district court.

Can the judge extend the administrative stay past September 23rd?

Yes. The judge may decide to extend the administrative stay past September 23rd in the future if it finds that good cause exists to do so throughout the litigation process.

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beach-4455433_1280In this blog post, we discuss what undocumented spouses and stepchildren of U.S. Citizens can expect after applying for Parole in Place using the new USCIS online application called Form I-131F.

What to Expect After Filing Form I-131F Parole in Place

Once you have properly submitted the Form I-131F using your myUSCIS online account, you will receive a I-797 receipt notice from USCIS by mail as proof that your application was submitted. This receipt notice will contain your receipt number which you can use to track your case on the USCIS case tracker.

Please note that the receipt notice can also be accessed on your myUSCIS portal

The Biometrics Appointment

Several weeks after filing Form I-131F, you will receive a biometrics appointment notice, which will indicate the date, time, and location where you must appear for USCIS to collect your fingerprints, photographs, and a signature.

Your biometrics information will be used to run a background check for criminal history, verify your identity and, and to prepare certain immigration documents (for example, an Employment Authorization Document also known as a work permit).

If USCIS has collected your biometrics information in the past, it is possible that they will reuse such information. If that is the case, USCIS will notify you via your myUSCIS online account and send you a notice by mail.

Receiving a Decision

Those who meet the eligibility criteria for parole in place under the Keeping Families Together program, will receive a discretionary grant of parole for a 3-year period.

As part of the decision-making process, USCIS will take into consideration various factors to determine whether a favorable exercise of discretion is warranted in your case such as:

  • Your criminal history
  • The existence of removal proceedings
  • Unexecuted final removal orders
  • The results of background checks, including national security and public safety vetting Positive and adverse factors presented
  • Any other relevant information available to or requested by USCIS.

Those who have any disqualifying criminal history or are found to be a threat to national security, public safety, or border security, may be denied for parole in place.

Factors such as pending criminal charges will make you ineligible for parole in place while the charge remains pending. Certain criminal convictions can also make you ineligible for parole in place under this process.  Please discuss any criminal records with an experienced immigration attorney before filing Form I-131F.

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We kick off the week with a brand-new update from the U.S. Citizenship and Immigration Services (USCIS) for those applying to extend or change their nonimmigrant status using Form I-539.

The agency has announced that it will be exempting all I-539 applicants from paying the biometrics service fee of $85 beginning October 1, 2023 (applications postmarked October 1st or later will no longer need to include this fee), including those applicants filing Form I-539 requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant status.

Will I still be scheduled for a biometrics (fingerprint) appointment?

USCIS has said that if you have filed Form I-539 before October 1st, certain filers will still be scheduled for an ASC appointment and should still attend that appointment as scheduled.

In most cases, however after October 1st applicants will not be scheduled to attend a biometric services appointment.

In some cases, USCIS may determine that biometrics are required and send the applicant a notice with information about appearing for their biometric services appointment.

What happens if I submit the biometrics fee by mistake?

If you mistakenly submit the $85 biometric services fee and the payment is submitted separately from the Form I-539 fee, USCIS will return the biometric services fee and accept the Form I-539.

If you mistakenly submit the biometric services fee and the payment is combined with a paper-based Form I-539 filing fee, USCIS will consider this an incorrect filing and reject your Form I-539.

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The U.S. Citizenship and Immigration Services (USCIS) recently announced the reopening of an international field office in Havana, Cuba.

The Havana office will assist with U.S. immigration benefits and services, including conducting interviews, processing cases for pending Cuban Family Reunification Parole (CFRP) requests, and Form I-730, Refugee/Asylee Relative Petitions, and other limited appointment-only services such as collecting biometrics for U visa applications.

Services at the Havana Field Office will be available by appointment only.  USCIS has updated the USCIS International Immigration Offices page with more information about services and appointments available at the Havana Field Office.

Secretary of Homeland Security Alejandro Mayorkas said that the decision to reopen the Havana Field Office was made to, “reduce unlawful entries, deny resources to ruthless smuggling organizations, and streamline access to lawful, safe, and orderly pathways for those seeking humanitarian relief.”

This move marks a restoration of American relations in Cuba. During the Trump administration, the Havana Field Office was closed, following the suspension of operations in 2017 after the U.S. Department of State ordered all non-essential personnel and families to depart Cuba.

On June 9, 2022, the Biden administration announced it would be resuming operations under the Cuban Family Reunification Parole (CFRP) program, to provide a safe, orderly pathway for certain Cuban beneficiaries of approved family-based immigrant petitions (Form I-130) to wait in the United States for their immigrant visas to become available.

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We are excited to share with you a new self-service tool released by the U.S. Citizenship and Immigration Services (USCIS).

Beginning on June 28th USCIS has announced that biometrics service appointments can be rescheduled online using your myUSCIS online account.

Benefit requestors, attorneys, and accredited representatives will be able to take advantage of this new service so long as rescheduling of biometrics is done BEFORE the date of the scheduled biometrics appointment.

This will provide a great advantage to the public by reducing the burdens on the USCIS Contact Center and improve efficiency.

Before this announcement, benefit requestors and accredited representatives could only request to reschedule a biometric services appointment by calling the USCIS Contact Center.

With this new tool, those individuals who already have a myUSCIS online account or those who create an online account can reschedule most requests for biometric services appointments without having to call the Contact Center, regardless of whether their pending case was submitted online or by mail.

The new tool, however, cannot be used to reschedule an appointment that already has been rescheduled two or more times, is within 12 hours, or that has already passed.

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We have good news for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant status.

The United States Citizenship and Immigration Services (USCIS) recently announced that it has extended the temporary suspension of the biometrics submission requirement for this group of applicants.

Previously, USCIS had suspended the biometrics requirement until May 17, 2023. With today’s announcement, the suspension of biometrics will continue through September 30, 2023, for H-4, L-2, and E nonimmigrants.

USCIS will allow adjudications for these specific categories to proceed based on biographic information and related background checks, without the normal requirement of capturing fingerprints and a photograph. However, the agency will retain its discretion to require biometrics for any applicant on a case-by-case basis. Therefore, certain applicants may still be scheduled to attend a biometrics appointment at a local application support center (ASC).

USCIS reminds Form I-539 applicants meeting the biometrics suspension criteria, that they do not need to submit the $85 biometric services fee for Form I-539 during the suspension period.

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In this blog post, we share with you the most recent updates in immigration news.

We have important information for EB-5 Regional Center Investors. The United States Citizenship and Immigration Services (USCIS) recently announced that beginning Wednesday March 15, 2023, the biometrics requirement and its associated $85 biometrics fee will be eliminated for EB-5 investors filing Form I-526E, Immigrant Petition by Regional Center Investor.

Regional Center investors are those that are pooling their investment with one or more qualified immigrants participating in the Regional Center Program.

This means that starting March 15, investors will no longer need to submit the fee for biometrics services with Form I-526E.

Why the change?

USCIS has determined that universal biometrics collection is no longer necessary. However, in some circumstances, the agency may still request biometrics from certain investors  under INA 203(b)(5)(H)(iii), 8 CFR 103.2(b)(9), or under other applicable authorities.

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In this blog post, we share with you some new biometrics updates recently announced by the United States Citizenship and Immigration Services (USCIS).

Biometrics Submissions Waived for Certain I-539 Applicants

Beginning May 17, 2021, USCIS will be temporarily suspending the biometrics submission requirement for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, who are requesting an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status.

Starting on Monday next week, for these applicants only, USCIS will rely on biographical information and related background checks, without requiring applicants to provide fingerprints and a photograph. This new discretionary policy will be in effect until May 17, 2023, until it is extended or revoked by the USCIS director.

Who will not be required to submit to biometrics submission?

Pursuant to this new announcement, the temporary biometrics suspension will apply to applicants filing Form I-539 requesting the following:

  • Extension of stay in or change of status to H-4 nonimmigrant status;
  • Extension of stay in or change of status to L-2 nonimmigrant status;
  • Extension of stay in or change of status to E-1 nonimmigrant status;
  • Extension of stay in or change of status to E-2 nonimmigrant status (including E-2C (E-2 CNMI Investor)); or
  • Extension of stay in or change of status to E-3 nonimmigrant status (including those selecting E-3D).

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Happy Monday! Welcome back to Visalawyerblog. We start off the week with some interesting immigration updates.

USCIS Updates – ASC and Interview Appointments Scheduled on January 19th and 20th will be Rescheduled

In anticipation of the Presidential inauguration on January 20, 2021, the United States Citizenship and Immigration Services (USCIS) has announced the temporary suspension of in-person services at all field offices, asylum offices, and application support centers (ASC biometrics offices) on January 19th and January 20th to ensure the safety of employees and individuals with appointments on these dates.

Accordingly, for individuals who had appointments on these dates (either for biometrics or for an interview) USCIS will be rescheduling these appointments and sending notices with the new appointment dates.

Please keep a look out for these notices in the mail within the next few weeks.

Nationals Eligible to Participate in the H-2A and H-2B Visa Program

In other news, last week the Department of Homeland Security released the list of countries eligible to participate in the H-2A and H-2B visa programs in the Federal Register.

The H-2A and H-2B visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs.

Typically, USCIS approves H-2A and H-2B petitions only for nationals of countries that the secretary of Homeland Security has designated as eligible to participate in the programs.

However, USCIS may approve H-2A and H-2B petitions, including those that were pending as of the date of the Federal Register notice, for nationals of countries not on the list on a case-by-case basis only if doing so is determined to be in the interest of the United States based on the evidence submitted.

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