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Reschedule A USCIS Biometrics Appointment

Posted on by Joseph Caraccio

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:

  • Illness, medical appointment, or hospitalization;
  • Previously planned travel;
  • Significant life events such as a wedding, funeral, or graduation ceremony;
  • Inability to obtain transportation to the appointment location;
  • Inability to obtain leave from employment or caregiver responsibilities; and
  • Late delivered or undelivered biometric services appointment notice.

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:

  • Name
  • Birth date
  • Address
  • Case number

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.

Passport Style Photos For USCIS

Posted on by newyorkvisalawyer_o0id8f

WHAT ARE THE REQUIREMENTS FOR THE “PASSPORT STYLE PHOTOGRAPHS” THAT USCIS REQUIRES WITH CERTAIN APPLICATIONS AND VISA PETITIONS?

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.

There are actually a surprising number of memos, directives, and other guidance from USCIS and the U.S. Department of State detailing strict requirements for these photos even though they don’t explain it at all anywhere in the form instructions or on their website. The State Department even offers an online tool for cropping your passport style photos at https://tsg.phototool.state.gov/photo. They have specific instructions for infants as well.

According to the guidelines from the State Department:

Your photos must be

  • In color
  • 2″x 2″ Two inch by two inch in size
  • Sized such that the head is between 1 inch and 1 3/8 inches (22 mm and 35 mm) or 50% and 69% of the image’s total height from the bottom of the chin to the top of the head. View the Photo Composition Template for more size requirement details.
  • Taken within the last 6 months to reflect your current appearance
  • Taken in front of a plain white or off-white background
  • Taken in full-face view directly facing the camera
  • With a neutral facial expression and both eyes open
  • Taken in clothing that you normally wear on a daily basis
  • Uniforms should not be worn in your photo, except religious clothing that is worn daily.
  • Do not wear a hat or head covering that obscures the hair or hairline, unless worn daily for a religious purpose. Your full face must be visible, and the head covering must not cast any shadows on your face.
  • Headphones, wireless hands-free devices, or similar items are not acceptable in your photo.
  • Eyeglasses are no longer allowed in new visa photos, except in rare circumstances when eyeglasses cannot be removed for medical reasons; e.g., the applicant has recently had ocular surgery and the eyeglasses are necessary to protect the applicant’s eyes. A medical statement signed by a medical professional/health practitioner must be provided in these cases. If the eyeglasses are accepted for medical reasons:
    • The frames of the eyeglasses must not cover the eye(s).
    • There must not be glare on eyeglasses that obscures the eye(s).
    • There must not be shadows or refraction from the eyeglasses that obscures the eye(s). 
  • If you normally wear a hearing device or similar articles, they may be worn in your photo.

Snapshots, magazine photos, low quality vending machine or mobile phone photos, and full-length photographs are not acceptable.

You can go to most chain drug stores and get these photos done in five minutes for about ten dollars, which is what I would recommend doing. There are also many professional services that offer various systems for doing these for you. Finally, more and more people are starting to just do it themselves which is why the State Department created a tool to help people with that.

For all the details about the requirements for photographs submitted with visa petitions and application for immigration benefits see our Immigration Benefit/Visa Petition Photo Page on the topic.

HOW TO SUBMIT THE REQUIRED PHOTOGRAPH OF YOURSELF TO IMMIGRATION WITH YOUR APPLICATION OR PETITION

You can read all the boring details here otherwise see the important highlights below.

Online Visa/Passport Photo Services

U.S. Government Online Photo Tool

The U.S. Government provides this photo 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 (600x600px).

TIPS FOR TAKING YOUR OWN PHOTO

  • You should be able to see some of the white background above the top of your head down to just above your chest
  • have someone else take the photo don’t try to submit a selfie
  • Head is in the center of the frame
  • solid white background
  • stand 3-6 feet away from the white wall and avoid using flash so you don’t cast a shadow on the wall behind you
  • Keep a neutral face expression looking at the camera straight on
  • Don’t wear glasses or a hat or any sort of uniform
  • Use the DOS photo tool (https://tsg.phototool.state.gov/photo)to upload the photo straight from your phone and crop it to exactly 600×600 pixels (minimum resolution required)
  • You don’t need to use a ruler and measure out the exact dimensions-just make your photo look like the examples.

You can find templates for cropping and printing your photo for USCIS on our immigration photo requirements page along with more examples and information.

How to Check Your Selective Service Registration

Posted on by Joseph Caraccio

WHAT IS THE SELECTIVE SERVICE?

The Military Selective Service Act requires that all men (including anyone whose gender was assigned as male on their birth certificate) living in the United States register with the Selective Service System (SSS) within 30 days of their 18th birthday. The SSS is used by the U.S. government in times of war to draft soldiers into service. While there are currently no plans to draft soldiers into the military, the U.S. government views the Selective Service as an important readiness tool in case there is a significant military conflict that requires more troops than have voluntarily joined the military. This law applies to all men living in the United States, including U.S. citizens, green card holders, people in valid immigration status, as well as anyone whose status has expired or is otherwise undocumented.


Only men who are in the United States between the ages of 18 and 26 years old are required to register.

ARE THERE ANY EXCEPTIONS?

Yes. First, if you entered the United States after the age of 26 or were not in the United States between ages 18 and 26, you do not need to register because you entered after the required age.

Second, if you are in a valid non-immigrant status (such as a student visa) until the age of 26, you are seen as living here only temporarily because of the temporary nature of your visa and not required to register.

Third, men born after March 29, 1957, and before December 31, 1959, are not required to register.

SEE CHART OF WHO MUST REGISTER FOR SELECTIVE SERVICE


HOW TO: CHECK YOUR SELECTIVE SERVICE REGISTRATION

If you are a man – or were assigned the gender of male at birth – and you were in the United States between the ages of 18 and 26 years old, you should check your
Selective Service record to see if you registered. If you became a lawful permanent resident between the ages of 18 and 26, USCIS may have sent your information to
the SSS based on your permanent residence application, and you may have been registered that way.

ONLINE: If you registered for the Selective Service with your Social Security number, you can verify your registration online at https://www.sss.gov/verify/.

You will need to provide your last name, Social Security Number, and date of birth.
If a record is found, you can download and print an official Selective Service Registration Acknowledgement Letter from the web site and include it with your application.

BY PHONE: If you can’t verify your registration because you don’t or didn’t have a Social Security number at the time you filed, you will have to call the SSS at 888-655-1825.

WHAT IF I WAS SUPPOSED TO REGISTER AND DIDN’T?


If you have not or did not register and you are between the ages of 18 and 26, you should register immediately. If you are over the age of 26 but were in the United States between the ages of 18 and 26,
and the failure to register was within the good moral character time period, you will have an opportunity to submit your statement and other evidence to USCIS showing that you did not knowingly or willfully
fail to register.


USCIS may also require you to submit a Status Information Letter stating whether you were required to register. You can find this form online by visiting https://www.sss. gov/verify/sil/, which you will have to download, complete and mail to the address below:


SELECTIVE SERVICE SYSTEM
ATTN: SIL
P.O. BOX 94638
PALATINE, IL 60094-4638
You can also call the SSS to request the Status Information Letter by phone at 847-688-6888.

WHEN I REGISTERED FOR SELECTIVE SERVICE, I MAY HAVE USED A SOCIAL SECURITY NUMBER (SSN) THAT WAS NOT MY OWN. WHAT SHOULD I DO?

You can update your Social Security number with the SSS by calling 1-847-688-6888 during business hours (9am to 5pm Eastern). Changes can take several weeks to complete, and the SSS will send you a new registration letter with the updated information. You can also write to the SSS and request the change:

SELECTIVE SERVICE SYSTEM
P.O. BOX 94638
PALATINE, IL 60064-4638

WHAT ABOUT TRANSGENDER INDIVIDUALS?

ACCORDING TO THE US GOVERNMENT (from SSA.gov):

US citizens or immigrants who are born male and changed their gender to female are still required to register. Individuals who are born female and changed their gender to male are not required to register.

OPM notes that “transgender” refers to people whose gender identity and/or expression is different from the sex assigned to them at birth (e.g. the sex listed on an original birth certificate). The OPM Guidance further explains that the term “transgender woman” is typically used to refer to someone who was assigned the male sex at birth but who identifies as a female. Likewise, OPM provides that the term “transgender man” typically is used to refer to someone who was assigned the female sex at birth but who identifies as male.

> The legal authority is based on the Military Selective Service Act (MSSA), which does not address
gender identity or transgender persons.

>Presidential Proclamation 4771 refers to “males” who were “born” on or after January 1, 1960.

>Changes to the MSSA involving Selective Service registration requires Congressional action. It cannot
be changed through Presidential Proclamation or Executive Order. As such, the registration
requirement remains based on the assigned gender at birth.

NOTE: Transgender students are welcome to call us at 888-655-1825 regarding their registration requirements if they need a status information letter from Selective Service that clarifies whether or not they are exempt from the registration requirement. Individuals who have changed their gender to male will be asked to complete a Status Information Letter (SIL) request form and provide a copy of their birth certificate. Keep your original SIL and send copies to state-based financial aid institutions if needed.

FUN FACT: THE SELECTIVE SERVICE SYSTEM’S ANNUAL BUDGET IS $26,000,000.001.

Learn more about the requirements for selective service registration from the government’s website.

WHO MUST REGISTER FOR SELECTIVE SERVICE CHART[Download]

  1. ACCORDING THE MOST RECENT DATA AVAILABLE WHICH WAS FOR FY 2021. ↩︎

HOW DO I RENEW OR REPLACE MY PERMANENT RESIDENT CARD (GREEN CARD)?

Posted on by Joseph Caraccio

A PERMANENT RESIDENT CARD (USCIS FORM I-551)


is proof of your permanent resident status in the United States. It also serves as a valid identification document and proof that you are eligible to live and work in the United States. Although some
Permanent Resident Cards, commonly known as Green Cards, contain no expiration date, most are valid for 10 years. If you have been granted conditional permanent resident status, the card is valid
for 2 years.It is important to keep your card up-to-date. Without a valid card, it may be difficult for you to prove that you are a permanent resident, and this could also affect your ability to travel or to prove your eligibility to work in the United States.


WHEN DO I NEED TO RENEW MY PERMANENT RESIDENT CARD?


You should renew your Permanent Resident Card if you were issued a card valid for 10 years that has either expired or will expire within the next 6 months. If your Permanent Resident Card is valid for only 2 years, you are a conditional resident. You will need to file a petition to remove the conditions of your residence before the card expires. You may file this petition 90 days before your conditional green card expires. If your petition is approved, you will be sent a new Permanent Resident Card valid for 10 years. You do not need to file Form I-90.


If your card does not have any expiration date on the front, then you have a very old version. Most old versions are no longer valid. Even if your card does not have an expiration date on it, we
recommend you apply to renew it.


WHEN DO I NEED TO REPLACE MY PERMANENT RESIDENT CARD?


Apply to replace your Permanent Resident Card if any information on your card needs to be changed, or if your card has been lost, stolen, or damaged. Also, if you became a permanent resident before you turned 14 years old, you are required to replace your card when you become 14 years old.

WHAT APPLICATION DO I FILE TO REPLACE OR RENEW MY PERMANENT RESIDENT CARD?


To apply to renew or replace your card, use Form I-90, Application to Replace Permanent Resident Card. Filing instructions and forms
are available on our Web site at www.uscis.gov.

HOW DO I FILE THE I-90 TO RENEW OR RELACE MY PERMANENT RESIDENT CARD?


Please refer to our Web site under Immigration Forms, I-90, for specific filing instructions, and then complete the form. You can also
e-file your I-90 on our Web site at www.uscis.gov.


HOW DO I REMOVE CONDITIONS ON MY 2-YEAR CONDITIONAL PERMANENT RESIDENT CARD?


Do not use Form I-90 if you are a conditional resident and your status is expiring. If you are a permanent resident who was granted conditional permanent resident status, you are required to file a
petition to remove those conditions within 90 days of your card expiring. If your conditional status was based on a marriage, file Form I-751, Petition to Remove Conditions on Residence.

Reschedule USCIS Interview

Posted on by Joseph Caraccio

Requesting Your USCIS Interview Be Rescheduled

If you have been scheduled for an interview or other appointment at an office of U.S. Citizenship and Immigration Services (USCIS), it’s in your best interest to attend on the date and time given. For one thing, assuming you’re seeking an immigration benefit, you could find yourself waiting weeks or months longer until the next available appointment. For another thing, it’s possible that your eligibility for what you seek will be lost in the intervening time. For information about rescheduling of a Biometrics Appointment see this post.

There are times when someone simply cannot make their interview date. In that case, you’ll want to take steps to reschedule ahead of time. You’ll want to act quickly and make your request as soon as possible.

You do not want to simply not show up to the interview. If you fail to appear USCIS will likely consider your application to be “abandoned.”

Any USCIS appointment notice will contain contact information and procedures for rescheduling. You should always follow any specific procedures for rescheduling that are in the notice you received.

Accomodations

If you don’t need to reschedule but you need to request accommodations you can request those online by submitting an e-request.

If You Are Feeling Sick

The USCIS website states that if you feel sick then you should cancel your appointment and you will not be penalized for doing so. You can see that information at https://www.uscis.gov/about-us/find-a-uscis-office/if-you-feel-sick-do-not-come-to-your-uscis-appointment-please-cancel-and-reschedule-it.

How to Request Your Interview be Rescheduled

You can request your interview be rescheduled online, by phone, or through the mail. If you submit a request by mail you should follow-up by phone if you don’t receive a response prior to your interview date.

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.

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:

  • Name
  • Birth date
  • Address
  • Case number

The Contact Center representative will create a request to reschedule your interview in the system. It can take several weeks to process the request.

Mail

To contact USCIS by mail, send your request to the USCIS field office where the interview was scheduled to take place. In your request, include:

  • A letter explaining why you cannot attend the interview, along with information related to the rescheduling, such as the length of your hospital stay
  • A copy of your interview notice

How To: Apply For U Visa

Posted on by Joseph Caraccio

Applying for U Nonimmigrant Status (U Visa)

What USCIS Forms do you need to file? What evidence should be sent with the U Visa application? What other documents are required for a U visa? The answers to all those questions and more are below in this brief guide to filing for U nonimmigrant status.

FORMS TO FILE:

  • G-28 (if represented by an attorney)
  • I-918 Supp A
  • I-918 Supp B
  • I-192 (if applicable)

You will need to file a separate I-918 Supp A for each derivative that will be a part of the application. 


TO APPLY (PETITION) FOR A U NONIMMIGRANT STATUS, SUBMIT:

  • Form I-918, Petition for U Nonimmigrant Status
  • Form I-918, Supplement B, U Nonimmigrant Status Certification. The Form I-918, Supplement B, must be signed by an authorized official of the certifying law enforcement agency (PDF, 948.64 KB) and the official must confirm that you were helpful, and currently being helpful, or will likely be helpful in the investigation or prosecution of the case.
  • If any inadmissibility issues are present, you must file a Form I-192, Application for Advance Permission to Enter as Nonimmigrant, to request a waiver of the inadmissibility;
  • A personal statement describing the criminal activity of which you were a victim; and
  • Evidence to establish each eligibility requirement – visit our Forms section, specifically the Humanitarian Benefits Based Forms.

You may also apply (petition) for U nonimmigrant status if you are outside the United States. To do this, you must:

  • File all the necessary forms for U nonimmigrant status with the Vermont Service Center.
  • Follow all instructions that are sent from the Vermont Service Center, which will include having your fingerprints taken at the nearest U.S. Embassy or Consulate.
  • If your petition is approved, you must consular process to enter the United States, which will include an interview with a consular officer at the nearest U.S. Embassy or Consulate.
  • Information about your nearest United States Embassy or Consulate can be found at www.usembassy.gov.

CHECKLIST OF REQUIRED DOCUMENTS FOR U VISA​​

  • Your completed Supplement B Certification;​ **​
  • Evidence you are the victim of qualifying criminal activity;​ **​
  • Evidence you have suffered substantial physical or mental abuse;​**
  • Evidence you possess information concerning criminal activity, and that the criminal activity is qualifying and violated United States law or occurred in the United States;
  • Evidence you have been, are being, or are likely to be helpful to a certifying official in the investigation or prosecution of qualifying criminal activity;
  • ​​A personal statement;​  **​
  • If you are inadmissible, an application for a waiver of inadmissibility on Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, with the appropriate fee or a request for a fee waiver; and
  • If you are filing Form I-918, Supplement A, for a qualifying family member:
  • Credible documentation of the claimed relationship;
  • An explanation of why required documents are not available (if applicable); and
  • If your qualifying family member is inadmissible, Form I-192 with the appropriate fee or a request for a fee waiver.​

​** indicates required initial evidence. While all items in the checklist should be provided, packages will be rejected without these items. ​​

EMPLOYMENT AUTHORIZATION

Principal U Nonimmigrants: You are authorized to work once we have approved your underlying petitions for U nonimmigrant status. We will automatically issue an Employment Authorization Document (EAD) when we approve your petition. You do not need to file a separate Form I-765, Application for Employment Authorization, to receive an EAD related to the approval of your petition for nonimmigrant status.

​The above instructions from the USCIS website are confusing. They say not to submit an I-765 because the issuance of EAD is automatic but it’s only automatic when the U visa is approved and that may be 4-5 years from now.   You should submit an I-765 with your I-918. If you submit an I-765 with your I-918 then they can approve the I-765 once the bona fide determination is made and while you are waiting for your U visa to become available. ​

MORE INFO ABOUT U VISAS.

CAN I TRAVEL AFTER U VISA IS APPROVED? WHAT CRIMES QUALIFY FOR A U VISA?