Expedited Biometrics Appointment for I-131 Reentry Permit Filings
December 30th, 2008 by Brian D. Zuccaro
One of the biggest issues with the new I-131 reentry permit process is the biometrics requirement. Under previous rules, while the indivdual was required physically be present in the U.S. when the I-131 was filed, there was no biometrics requirement associated with the process. This allowed individuals who needed to immediately travel or reside abroad to leave the U.S. after filing and simply wait for the reentry permit to be adjudicated.
The new biometrics requirement causes problems for those who are residing abroad and those who cannot stay in the U.S. for long periods of time. Not only do they need to physically be present in the U.S. when the I-131 is filed, but they must also stay here until their biometrics are processed. Under normal conditions, a biometrics may not be scheduled for 3-4 weeks after filing the I-131.
There is the option to request expedited scheduling of the required biometrics appointment. The AILA NSC Liaison Committe has provided info on expedite requests in a document cited as AILA InfoNet Doc. No. 08122960 (posted Dec. 29, 2008). The guidance reads:
The AILA NSC liaison committee advises that attorneys may request expedited scheduling of the required biometrics appointment for applicants for reentry permits. Appointments are normally scheduled within about 30 days of receipt of the I-131; expedited scheduling should be requested for applicants that have a scheduled departure date of less than 30 days from the date of the application. NSC has confirmed that an applicant who normally resides abroad will qualify for expedited scheduling, subject to the variations in demand at individual application support centers. Attorneys should clearly highlight the request for expedited biometrics scheduling and include the required justification as part of the I-131 filing package; in addition, the application should include an email address or fax to which the appointment notice can be sent, or an overnight envelope to return the notice. In all cases, the applicant should allow up to two weeks for the completion of those biometrics, even under expedited processing.
If the applicant receives a biometrics appointment notice and must depart before that date, then he or she may attempt to walk in to the Application Support Center and have the biometrics taken by explaining the situation and providing proof of the departure date and urgent need to depart (such as a letter from the employer). The applicant may depart and return to the U.S. later to attend the appointment. If the ASC does not comply with a walk-in request, or if the applicant does not receive the biometrics notice until after he or she has departed, then he or she must attempt to reschedule the biometrics appointment by notifying the ASC, which will in turn notify the NSC. The request for reschedule should clearly indicate the dates your client wishes to have the biometrics taken, however the NSC’s scheduling system does not allow the appointment to be made more than 30 days prior to the requested appointment date. Thus, you should prepare your client for a trip back to the U.S. to complete the biometrics once the second notice is issued.
If the NSC does not receive any communication or has no record regarding an attempt to reschedule, either from an ASC or from the applicant directly, then the NSC will deny the application for reentry permit due to abandonment. However, if the applicant can provide evidence of an attempt to reschedule, a Service Motion to Reopen may be requested. AILA members are encouraged to either submit a motion, with a fee waiver request, explaining the issue and providing the documentation of the attempt to reschedule, or go through AILA liaison by submitting an inquiry on AILA Infonet.
Please note that the reschedule attempt must be made prior to the originally scheduled date for the biometrics. Requests to reschedule made after the date or after the denial will not be honored, and those cases will not be considered for reopening.
Finally, the scheduling is done by computer. The address in part 1 of the I-131 is the location USCIS references to determine the location of the ASC where the appointment is to be scheduled. If attorneys put their address in part 1, then the biometrics appointment will be scheduled at an ASC close to the attorney’s office location. Attorneys are encouraged to put an address in part 1 that corresponds to the location where the applicant wishes to have his or her biometrics taken. As long as a G-28 is submitted, attorneys will receive not only notification of the biometrics appointment, but also other correspondence regarding the I-131 application.
