Biometrics Codes and Reusing/Transferring Biometrics

Many of our clients and readers are familiar with the requirement to submit to biometrics (digital fingerprinting and/or photograph, please see below) in connection with certain USCIS applications.    The biometrics are often taken at USCIS Application Support Centers (ASC) after a notice, showing a specific ASC address and appointment date/time, is issued and mailed to the applicant.

Among the most common USCIS application types which require biometrics are I-485, Application to Adjust Status, I-131, Application for Travel Document (Reentry Permit) (please see our specialized Expedited Reentry Permit site), and I-90, Application to Replace Permanent Resident Card.   Our office handles a fair number of these applications and we hope to provide some additional background on the biometrics process.

Biometrics Codes

Normally, an ASC Biometrics Notice would contain (in the top right area), a field named “Code.”    The “Code” field is intended to indicate the type of biometrics processing to be performed.  The possible values are:

• Code 1 – fingerprinting only (10 prints);
• Code 2 – biometrics (photo, signature and index finger);
• Code 3 – fingerprints (10 prints) and biometrics (photo, signature and index finger).

USCIS has indicated that the applicable code for each biometrics appointment is determined based on the type of an application and certain relevant case factors.

Reusing/Transferring Biometrics Across Applications

A question which arises often with respect to some applicants is whether USCIS can reuse biometrics for different types of applications.   Some examples are a reentry permit applicant, who needs to renew his or her green card, or for I-485 adjustment applicant who need to apply for a reentry permit soon after I-485 approval.

The government has confirmed that they are indeed willing and able to transfer biometrics across applications; however, such flexibility is available only to military service members and their families who have unique situations regarding deployment, moving, and living overseas which affect their ability to provide fingerprints and fulfill the background check requirements.    This authority is provided by the Kendell Frederick Citizenship Assistance Act, enacted on June 26, 2008, requires USCIS to use fingerprints taken for previous immigration purposes or fingerprints provided during military enlistment to complete the required naturalization fingerprint check.

Can Biometrics Be Waived?

Unfortunately, USCIS is very clear that the collection of biometrics cannot be waived with very limited waivers available for certain medical conditions (generally, medical conditions which affect the applicant’s ability to do the biometrics).

USCIS Starts Issuing a Single Combined EAD/Advance Parole Card

There have been rumors and speculation on this topic (which we did not report until we had final confirmation), but now it is official.  USCIS has announced that they will start issuing a combined Employment Authorization Document (EAD) and Advance Parole (AP) card for some applicants for adjustment of status.

The new combined EAD/AP card (I-766) looks like this sample image and has an annotation at the bottom reading “SERVES AS I-512 ADVANCE PAROLE.”    The new card would replace the paper-based (and often easy to damage) Form I-512 Advance Parole documents which one had to obtain under the previous guidance.

Who Would be Eligible to Obtain the New EAD/AP Card?

Not all I-485 adjustment of status applicants who also wish to obtain an advance parole would receive the new card.  According to USCIS, an applicant may be issued this card when he or she applies a I-765, Application for Employment Authorization and I-131, Application for Travel Travel Document concurrently with or after filing Form I-485, Application to Adjust Status.   Separate EAD and AP documents will still be issued for all other applicants.

Procedures for Using the New EAD/AP Card

The new EAD/AP card will continue to be an accepted employment authorization document as a List A document when completing Form I-9.  Holders of the new card can also use it to return to the U.S. as parolees after a short travel abroad without abandoning the pending I-485 adjustment application.  The holder of the EAD/AP card must present it at the port of entry to request that he or she be admitted as parolee.   As a result, it is important that holders of this card continue to follow closely its expiration and prepare timely renewal applications (at least 90 days in advance).

Our practice includes handling EAD and AP applications for I-485 adjustment of status applicants so please do not hesitate to contact us if our office can be of any help or if you have any questions.

ASC Biometrics Notice Codes

Our office often receives inquiries by clients about a piece of information displayed on the ASC Appointment Notices issued for the purpose of capturing biometrics.  Our clients are asking us what is the meaning of the “Code” field, found in the top right part of the ASC Appointment Notice.

The “Code” field is intended to indicate the type of biometrics processing to be performed.  The possible values are:

• Code 1 – fingerprinting for 10 prints only.
• Code 2 – photo, signature and index finger press-print;
• Code 3 – photo, signature, index finger press-print and fingerprinting for 10 prints.

USCIS Lockbox Procedure Adds to Expedited Reentry Permit Processing Time

Starting December 2009, USCIS started implementing changes on the way I-131 reentry permit applications are receipted and processed.   Previously, I-131 reentry permit applications were filed directly at the Nebraska Service Center (NSC) which issued receipts and, where appropriate, issued expedited processing biometrics notices.

The NSC processing of expedited processing reentry permit biometrics allowed us to have the required biometrics scheduled often within 7-10 days after filing of the I-131 reentry permit application.  This way we were able to accommodate clients who had a very limited period of stay in the U.S.

The New I-131 Reentry Permit Acceptance Procedure Delays Biometrics

Under the new procedure, all I-131 reentry permit applications are now filed at a USCIS lockbox.  The purpose of the lockbox is to accept the application and do initial processing such as issuing a receipt.  Following the initial processing, the case is transferred to the service center tasked with processing the reentry permits – NSC.

Only after the lockbox center forwards the I-131 reentry application to NSC the expedited processing biometrics appointment can be issed.  This adds an additional week or so of processing and scheduling a biometrics notice.

In light of these changes, we have had to advise our I-131 reentry permit expedited processing clients to adjust their travel accordingly and to plan on being in the U.S. 3-4 weeks (up from 2-3 weeks) to be able to accommodate their required biometrics appointment while in the U.S.

Unfortunately, USCIS has indicated that they intend to use the lockbox for the future and we do not foresee any improvement in the processing times or the efficiency of the expedited reentry permit application procedure.  USCIS has indicated that they are exploring ways to be able to process biometrics abroad; however, as of today, the biometrics can be done only in the U.S.