We have received a lot of inquiries about this topic. The USCIS website is already very informative on how you can prepare for your biometric services appointment. However, clients have quickly pointed out they need a simpler discussion on how they can prepare for the appointment and what they need to get done.
Here at Haque Legal, we want you to know how you can better prepare yourself for this appointment. As your resident Southfield immigration lawyer, let us offer you some help. Let us look at some facts that would help you prepare for your Biometric Services Appointment.
Why Is There a Biometric Services Appointment?
After the USCIS has received your application, they have the general authority to obtain and collect your biometrics. This would also include your spouse, the beneficiary, or any other individual that is related to your immigration and naturalization application and who would benefit from it.
This is legally provided in Part 103 – Immigration Benefit Requests; Uscis Filing Requirements; Biometric Requirements; Availability Of Records in 8 CFR 103.2(b)(9) which provides the following:
“Appearance for interview or biometrics. USCIS may require any applicant, petitioner, sponsor, beneficiary, or individual filing a benefit request, or any group or class of such persons submitting requests, to appear for an interview and/or biometric collection. USCIS may require the payment of the biometric services fee in 8 CFR 106.2 or that the individual obtain a fee waiver. Such appearance and fee may also be required by law, regulation, form instructions, or Federal Register notice applicable to the request type. USCIS will notify the affected person of the date, time, and location of any required appearance under this paragraph.”
What do I do when I receive an appointment and I do not have a lawyer?
If you receive the notice for a Biometric appointment, you should do your best to attend and appear. However, according to 8 CFR 103.2(b)(9), you would have three choices in the matter: you may, before the scheduled date and time of the appearance, either:
- Appear before the scheduled date and time;
- For good cause, request that the biometric services appointment be rescheduled; or
- Withdraw the benefit request.
Some people have fear and anxiety that comes out during the biometrics services appointment. You mustn’t get eaten by that fear. The USCIS will not obtain information that is not necessary for the benefit you are applying for.
What if I refuse to give my biometrics?
Refusal to give your biometric when asked or scheduled for it will mean automatic rejection of your application. This can be found in 8 CFR 103.2(b)(13)(ii) where it states the following:
“Failure to appear for biometrics capture, interview, or other required in-person process. Except as provided in 8 CFR 335.6, if USCIS requires an individual to appear for biometrics capture, an interview, or other required in-person process but the person does not appear, the benefit request shall be considered abandoned and denied unless by the appointment time USCIS has received a change of address or rescheduling request that the agency concludes warrants excusing the failure to appear.”
Whatever reason you give to the USCIS will not be enough. Keep in mind that you are applying to be allowed entry in the United States or to be allowed to obtain a VISA that is not just a tourist one. You have to abide by the rules set by the immigration laws of the United States.
Can you not help me when I do not want to give my biometrics?
The biometrics of an individual is necessary for his immigration. This is a requirement and should not be declined.
What is Taken During The Appointment?
Generally, no personal effects are taken during the appointment. Personal details about the applicant, however, are taken. This would include your photograph, your signature, and the fingerprints that the USCIS may want to obtain from you.
Haque Legal is Here To Help
We have been around. We have handled hundreds of cases on immigration. We can help you get your visa and work your way around getting that citizenship that you deserve. Haque Legal is here and you can find that the best kind of experience for you is to hire our law firm.
Here at Haque Legal, we always have your back. Make sure that on your first free consultation we tell you everything that you need to know about your immigration case as well as the cost and the expenses that would be associated with it.
The consultation is free for the first time because we understand that you need to at least have that guidance coming from a reputable law firm and lawyer to assess your case. If you have concerns about your immigration and you need a lawyer to handle it you can always contact our law firm and we can talk about your situation and the best way that we can handle it especially in terms of the expenses.
Let Haque Legal Help You With Your Case
If you require a lawyer who can assist you with ensuring that you protect your rights, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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If you need a Southfield immigration lawyer to help you during your proceedings, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.