Reschedule A USCIS Biometrics Appointment

HOW TO RESCHEDULE YOUR USCIS BIOMETRICS APPOINTMENT Your biometrics appointment is for you USCIS to collect your fingerprints and a photograph of you for running security clearances and checking your identity and criminal record. Your biometrics appointment notice will arrive on USCIS Form I-797C with a location of a biometrics service center as well as a date and time for you to attend. You should bring that appointment notice and a passport or State ID to your appointment. The day of your appointment they will stamp your appointment notice to show that you attended and had your biometrics done. You should make sure to hold onto the stamped copy of your notice once you attend so you can show that you complied with the requirements. USCIS has begun accepting online requests to reschedule a biometrics appointment. If you need to reschedule your biometrics (fingerprint) appointment then you can go to the USCIS website and request a new date. Sufficient reasons for rescheduling your biometrics appointment may include, but are not limited to: USCIS only accepts untimely rescheduling requests made to the USCIS Contact Center and does not accept untimely requests to reschedule by mail or in-person at a USCIS office or through the myUSCIS online rescheduling tool. Online Through myUSCIS (best way) To reschedule your appointment using the online tool you should log-in to your myUSCIS account online and follow the instructions. This is the best way to reschedule. USCIS Virtual Assistant You can speak with the USCIS virtual assistant (Emma) and ask that your biometrics appointment be rescheduled. By Phone Call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) from Monday to Friday, 8 am to 8pm Eastern time. Provide the customer service representative with your: The Contact Center representative will create a request to reschedule your interview in the system. It can take several weeks to process the request. If You Already Missed your Appointment If you already missed your appointment you should contact USCIS right away. Inform them that you missed your appointment and you need a new appointment to get your biometrics done. If you miss your biometrics appointment without having rescheduled it, and it is still within a week or two of your scheduled appointment date, you can try going to the same location at the same time and showing your appointment letter. They will sometimes allow you to get your biometrics done late if you are within a few days of that appointment date. There is no guarantee that they will and you should not expect them to, but they have allowed it in the past and sometimes when USCIS will instruct you to attend your appointment another day that week when you call to inform them that you missed your appointment.

USCIS Photo Requirements

USCIS Passport Style Photo Requirements

USCIS Photo Requirements : September 1, 2023 :9:47 pm :USCIS :USCIS USCIS Petition/Application Photo Requirements USCIS requires that you provide photographs of yourself with your visa petition or with certain immigration benefit applications (asylum, adjustment of status, employment authorization, and others). Below are USCIS’ requirements for the “passport-style photographs” that must be sent with petitions/applications that require photos. These photos are required for the DV lottery (diversity visa lottery), Adjustment of Status (green card) Application, all visa applications, U.S. passports, and other immigration benefits. The below guidance was taken directly from USCIS and the U.S. Department of State, however, the acceptance of your digital images or photos is at the discretion of USCIS, or if you are consular processing then with the U.S. embassy or consulate where you apply. We recommend you use a professional visa/passport photo service to ensure your photo meets all the requirements. This service is offered at most drug store chains like CVS, Duane Reade, Rite Aid, Walgreens , etc. Online Visa/Passport Photo Services U.S. Government Online Photo Tool The U.S. Government provides this tool free of charge. You can take the photo of yourself and then upload your photo and use the tool to crop and resize your image to the proper dimensions. Find the photo tool here https://tsg.phototool.state.gov/photo. Photo Tips Examples: Your photos or digital images must be: Snapshots, magazine photos, low quality vending machine or mobile phone photos, and full-length photographs are not acceptable. Applicants using Form DS-260 (Consular Processing) If you are applying for an immigrant visa, using Form DS-260, you must provide two (2) identical photos at your immigrant visa interview. Your photos must be: 2 x 2 inches (51 x 51 mm) in size Printed on photo quality paper. TAKING THE PHOTO YOURSELF Paper Photo Head Size Template Photo 2” inches by 2 “ The height of the head (top of hair to bottom of chin) should measure 1” to 1”  (25 mm – 35 mm) Make sure the eye height is between 1 ⅛”  to 1 ⅜” (28 mm – 35 mm) from the bottom of the photo Digital Image Head Size Template The top of the head, including the hair, to the bottom of the chin must be between 50% and 69% of the image’s total height. The eye height (measured from the bottom of the image to the level of the eyes) should be between 56% and 69% of the image’s height. Image pixel dimensions must be in a square aspect ratio (meaning the height must be equal to the width). Minimum acceptable dimensions are 600 pixels (width) x 600 pixels (height). Maximum acceptable dimensions are 1200 pixels (width) x 1200 pixels (height). Find Photo Tool:  https://tsg.phototool.state.gov/photo Use the Department of State’s free photo tool to upload a photo from your phone or computer and crop it to exactly 600 x 600. Scanning an existing photo? In addition to the digital image requirements, your existing photo must be: Digital Image Requirements The digital image must adhere to the following specifications: Dimensions The image dimensions must be in a square aspect ratio (the height must be equal to the width). Minimum acceptable dimensions are 600 x 600 pixels. Maximum acceptable dimensions are 1200 x 1200 pixels. Please review photo requirements for specific dimensions. Color The image must be in color (24 bits per pixel) in sRGB color space which is the common output for most digital cameras. File Format The image must be in JPEG file format File Size The image must be less than or equal to 240 kB (kilobytes). Compression The image may need to be compressed in order for it to be under the maximum file size. The compression ratio should be less than or equal to 20:1. Taking Photos Of Your Baby Or Toddler When taking a photo of your baby or toddler, no other person should be in the photo, and your child should be looking at the camera with his or her eyes open. Tip 1: Lay your baby on his or her back on a plain white or off-white sheet. This will ensure your baby’s head is supported and provide a plain background for the photo. Make certain there are no shadows on your baby’s face, especially if you take a picture from above with the baby lying down. Tip 2: Cover a car seat with a plain white or off-white sheet and take a picture of your child in the car seat. This will also ensure your baby’s head is supported Change of Appearance If your photo(s) or digital image does not reflect your current appearance, even if it is not older than 6 months, the U.S. embassy or consulate will request that you provide a new photo with your application. Applicants will be requested to obtain a new photo if they have: Generally, if you can still be identified from the photo in your visa application, you will not need to submit a new photo. For example, growing a beard or coloring your hair would not generally be considered a significant change of appearance. If the appearance of your child under the age of 16 has changed due to the normal aging process, he or she will generally not have to provide a new photo. However, the acceptance of your photo or digital image is at the discretion of the U.S. embassy or consulate where you apply. Additional Requirements for Nonimmigrant Visas Applicants using Form DS-160 or Form DS-1648 If you are applying for a nonimmigrant visa by filling out the DS-160 or DS-1648 online form, the form will instruct you to upload your digital image as part of completing the online visa application form. Review the Digital Image Requirements, which also provide additional requirements if you are scanning an existing photo. Some embassies and consulates require visa applicants to bring one (1) photo, which meets requirements, to the interview. Review the embassy or consulate instructions where you will apply to learn more. Additional Requirements for the Diversity … Read more

FAQ: Freedom of Information Act

ASK A QUESTION Have a question that isn’t answered on this page? submit your question using this form and it will be added to the page. If you provide your email we will send the answer to your email as well (your email address will not be shared with anyone). Please enable JavaScript in your browser to complete this form.Please enable JavaScript in your browser to complete this form.EmailNot required, but if you provide your email we will notify you when the answer is posted.Question ASK

HOW TO: Make A FOIA Request

How to use the Freedom of Information Act to request a copy of your A-File (or Alien File) from Immigration to see all documents and other information that the U.S. Government has regarding your past immigration filings, entries, stops by immigration, How to File With USCIS How to File With CBP How to File With EOIR FOIA Reports The DHS Privacy Office published the Annual FOIA Report and the Chief FOIA Officer Report. Annual FOIA Reports – Includes Component-specific and Department-wide data on FOIA processing, including the number of FOIA requests received and processed, average response times, and backlogs. Chief FOIA Officer Reports – Documents actions taken by the Department to advance transparency and to ensure DHS effectively administers FOIA. INFORMATION ABOUT THE FREEDOM OF INFORMATION ACT MORE INFO USCIS FOIA REQUEST Completing Form G-639 You must complete a Form G-639 . Type your responses or write them in black ink. If you do not know the information requested, the request could be delayed or the documents provided in response to the request could be incomplete. It should be self-explanatory for the most part but you can find step-by step guidance for completing the form below. A. Part 1: Type of Request Item 1a – b: Check the box that describes the request type. You should only check one box.   Part 2: Requester Information Item 1: Check the Yes box if you are requesting your own records. Attorneys or representatives who are filling out the G-639 on behalf of their clients should check the No box. In these cases, the attorney is the requester, or the requester’s representative. If you are seeking your own records, skip the remainder of the questions in Part 2 (items 2a – 7b). Requesters seeking records on behalf of someone else should complete all of Part 2.   Items 2.a. – 2.c. Representative Role to the Subject of Record In this item, specify whether you are an attorney, accredited representative, or family member. The 6/20/19 version of this form only allows for these three options, with no box for “other.” However, there is nothing in the statute that restricts FOIA requests to someone who is related to or represents the subject. If an individual is filing a FOIA request in a different capacity, she may want to submit a letter request instead of using the G639 for this reason. Items 4.a. – 4.c. Requester’s Full Name Enter the full legal name of person requesting the file. Items 5.a. – 5.i. Requester’s Mailing Address ✓ In Care of Name (if any): Write the name of the person or agency receiving the documents, if someone other than the requester. ✓ Street Number, Street Name, City, State, Zip Code: Write the full address of the requester. The address can be either a mailing address (including a post office box) or a residential address. If the requester is the same person as the subject, we strongly recommend using a mailing address instead of a residential address. ✓ Province: If the mailing address is within the United States then in the province box write “N/A.” If the mailing address is outside the United States and the country uses the province system, then write the name of the province where correspondence should be delivered. ✓ Postal Code: If the mailing address is within the United States, then write “N/A” in the postal code box. If the documents will be mailed to a country that uses the postal code system, then write the postal code where correspondence should be delivered. ✓ Country: Write the name of the country where the mailing address is located. If the address is within the United States, then write, “United States.” Items 6. – 8. Requester’s Contact Information✓ Requester’s Daytime Telephone Number: Write the requester’s telephone number where she can be reached.  ✓ Requester’s Mobile Telephone Number (if any): Write the requester’s cell phone number if it is different from the daytime phone number. ✓ Requester’s Email Address (if any): Write the requester’s email address, if she has one. To avoid delays caused by communication problems, include only telephone numbers that are regularly checked and not likely to change in the foreseeable future. If including an email address, only include one that is regularly checked. Items 9.a. – 9.b. Requester’s Certification By signing, the requester agrees to pay all costs for the search, duplication, and review of the documents up to $25.00, when applicable. DHS will not charge for the first two hours of research or the first 100 pages copied. Requester will be notified in advance if there will be any charges. See § 3.7. ✓ Requester’s Signature: The requester should sign her complete name here with the date. A stamped or typed name in place of a signature will not be accepted. Persons representing the subject and signing the form as the requester should include a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representation. Part 3: Description of Records Requested Item 1: Purpose This portion is optional, but specificity can help identify the record needed and speed up the response in some instances. Providing a general purpose may assist DHS in locating the file. It is best to be specific, but do NOT reveal anything about immigration strategy or any facts that the subject does not want the government to know. For example, if seeking information about whether the government has any evidence that the subject may have used a false document when they applied for an immigration benefit, do not disclose this possibility on the FOIA request by writing that the purpose is to search for records related to the subject’s use of fraudulent documents. Instead, write something simple, such as “requesting immigration records for personal review.” Items 2.a – 2.c: Full Name of the Subject of Record✓ Family Name – Write the subject’s current last name. ✓ Given Name – Write the subject’s current first name. ✓ Middle Name – Write the Subject’s current middle name.   Items 3.a – 4.c: … Read more

USCIS Pushing Online FOIA Requests Hard

The Freedom of Information Act 5 U.S.C. § 552, is the United States’ federal law that requires the full or partial disclosure of previously unreleased or uncirculated information and documents controlled by the U.S. Federal Government upon request [full text of 5 U.S.C.§552]. The act defines agency records subject to disclosure, outlines mandatory disclosure procedures, and includes nine exemptions that define categories of information not subject to disclosure. The act was intended to make U.S. government agencies’ functions more transparent so that the American public could more easily identify problems in government functioning and put pressure on Congress, agency officials, and the president to address them. The FOIA has been changed repeatedly by both the legislative and executive branches. In the context of immigration law FOIA requests are a powerful and commonly used tool since it allows for immigrants to get a copy of their immigration file and the records the government has on them. This is done sometimes because immigrants lost documents or they had a lawyer that never gave them the documents, or sometimes to see if there are records of them being stopped years ago, and if so, to find out what exactly happened during that prior encounter with immigration since often the immigrant will not have any idea what was happening since everyone was speaking English at the time. They are also an important tool for journalists to be able to obtain information and proof for stories about the government. News organizations often use FOIA for reporting purposes, but such requests still only make up less than 10% of all FOIA requests. For more information about the Freedom of Information Act or to learn how to file a FOIA request see our FOIA page or our How-To FOIA Guide. USCIS’ EMAIL RESPONSE TO REQUESTS SENT BY MAIL If you submit a FOIA request by regular mail, which is still an option despite USCIS hiding all information about how to do so on their website, then USCIS send the following email once they receive the request sent by mail (copied and pasted from my email including the typo in USCIS’ automated email):

UNLAWFUL PRESENCE BARS CAN RUN IN THE US, BIA & USCIS AFFIRM

UNLAWFUL PRESENCE AND THE THREE/TEN-YEAR-BAR Under the unlawful presence grounds of inadmissibility, the three- and ten-year bars at INA § 212(a)(9)(B) penalize people who are present in the US. without any lawful immigration status for more than 6 months and 12 months respectively. This could be overstaying a visa by failing to depart the US. after one’s visa expires or it may be crossing the border and then remaining in the US. without any status. These bars do not apply until the person leaves the US. and then seeks to come back or to apply for admission. Once the three or ten years have passed, the person is no longer inadmissible. In recent years, USCIS interpreted the three- and ten-year bars as only able to run if the person is outside of the United States. Thus, if the person triggered the three- or ten-year bar and then re-entered the United States before the requisite time bar had passed, they remained inadmissible, regardless of how much time passed while they were in the United States. These bars are particularly problematic for non-citizens who entered the US. without inspection (not admitted into the US. on a visa or with parole—such as non-citizens who cross the Mexican border) since they are, in most cases, not eligible to adjust status to obtain residency (a green card) in the country. Since non-citizens who entered without inspection are not eligible to adjust status here they are required to attend an interview at the US. Consulate in their home country to obtain residency. This is where the three-year and ten-year bars become such a major obstacle for non-citizens in this situation. For many years after the three and ten-year bars came into existence in 1998, non-citizens subject to the bars had no option but to the leave the US. and apply for a waiver outside of the country and spend years separated from their family until the I-601A provisional waiver (state-side waiver) allowed for the spouses and children of US. citizens (and later permanent residents) to apply for a waiver while still in the US. If the waiver is approved they are still required to leave the country and attend the interview at the US. Consulate in their home country but this allows them to significantly reduce the amount of time they are required to be outside of the country. The current processing time for an I-601A waiver is 34 months and then they must still go through the traditional visa process, so it takes a lot of time and effort to pursue these waivers. Those who do not have a citizen/resident parent or spouse have no way of getting around the three/ten-year bar. NEW USCIS POLICY AND CASE LAW New USCIS policy guidance and a recent BIA case, Matter of Duarte-Gonzalez, 28 I&N Dec. 688 (BIA 2023), however, now officially acknowledge that the simple passage of time is enough for the three- and ten-year bars to run, regardless of whether the full time period is spent inside or outside the United States. Previously, a handful of unpublished BIA cases said the three- and ten-year bars at INA 212(a)(9)(B) could run in the United States, but with Duarte-Gonzalez we now also have a precedential BIA decision taking the same position as USCIS, that the 212(a)(9)(B) time bars can run in the United States based on the plain language of the statute. This means whether an applicant is seeking adjustment of status with USCIS or applying to adjust in immigration court (before EOIR, the Executive Office for Immigration Review), this policy applies to them. Now, USCIS and EOIR will look at the amount of time that has passed since a person triggered the unlawful presence bar, without regard to where they were physically located during that time. Once the requisite number of years have passed, the ground of inadmissibility no longer applies, and no unlawful presence waiver is needed to adjust status. LIMITED BENEFIT TO THIS CHANGE Even though USCIS and the BIA now acknowledge that the 212(a)(9)(B) time bars can run while in the United States, keep in mind a person must leave the United States to trigger one of these bars. Thus, in order for the time bar to pass in the United States, they must have somehow returned after their departure. How they returned is critical. If you entered the US on a visitor visa in 2003 and overstayed but you triggered the ten-year bar by departing the US in 2005 with advance parole to go visit a sick relative, then when you return and are paroled into the US lawfully, you may wait out the remainder of the ten-year bar in the US. If you become eligible for residency in 2016, more than ten years after you tripped the bar, then you are no longer inadmissible under INA §212(a)(9)(B) pursuant to the new policy. Practically this isn’t going to benefit many people. People in the situation described above would often be able to adjust status without a waiver anyway if they were married to a US citizen and traveled on parole. Those who wouldn’t be eligible would be those who never traveled on parole and this new policy won’t benefit them. If you entered without inspection, accrued more than a year of unlawful presence and then left the US triggering the ten-year bar and then reentered the US again without inspection then this new policy will not benefit you. By reentering without inspection you would have triggered the permanent bar under INA §212(a)(9)(C). Two types of people benefit from this policy without also having a permanent bar problem: 1) Those who re-entered the United States lawfully after a departure triggering the three or ten-year bars; or 2) Those who only triggered the three-year bar with their departure (regardless of whether they re-entered the United States lawfully or not). MATTER OF DUARTE-GONZALEZ Matter of Duarte-Gonzalez, 28 I&N Dec. 688 (BIA 2023) Non-citizens who are inadmissible for a specified period of time pursuant to section … Read more