a request for full fingerprints

[theladynthetramp 0]

During the adjudication of I-130, would a red flag hit due to a previous arrest/past criminal conviction record of the US citizen make USCIS request for full fingerprints?

[BigSigh 12]

They might request your fingerprints. They seem to go pretty easy on USC who commit light crimes but not so easy on the foreigners who commit light crimes. I think it might just depend on what you did. Shoplift $20...meh. Kill some one...prolly so. Good luck and let us know please for future people who come along and are in the same position.

[Deputy Purple 1,294]

Lately USCIS has been asking for biometrics for USC Petitioners if their background checks hit on a conviction that is covered in AWA (Domestic Violence or Sex Crime). It seems the purpose would be to confirm the "Hit" and proceed as directed for AWA Filers.

[Darnell 8,478]

YUP. is additional 'biometrics' step , get an interview appointment letter to show up at the local ASC, adds 2 to 5 months of additional processing time at USCIS on the I-130 petition, prior to any NOA-2 'approval notice' .

[theladynthetramp 0]

YUP. is additional 'biometrics' step , get an interview appointment letter to show up at the local ASC, adds 2 to 5 months of additional processing time at USCIS on the I-130 petition, prior to any NOA-2 'approval notice' .

but what if the USC is in jail during the adjudicating time of I-130? n wouldnt be able to do the 'biometrics' by then! what would happen?

Edited June 30, 2010 by theladynthetramp

[Darnell 8,478]

ouch. that's a serious question, require some serious thought.

as-is - USC must show up for any ASC appointment, ya ?

If he doesn't, is possible for the interview to be rescheduled.

This pushes back the 'schedule' on adjudicating even further.

If this 'request' is not 'responded to' within some period of time, the I-130 will be denied and closed at USCIS, prior to any NOA-2 approval.

But... if he's incarcerated at a prison (not a jail) then USCIS can do alternative fingerprinting 'stuff', with a paper or electronic record sent FROM THE PRISON to the USCIS office that requested biometrics (not the ASC office itself) . IMO, need some 3rd party to contact the warden, get the ball rolling on the fingerprinting process. But that's just my opinion, and I'm not an attorney.

If yer USC spouse has an immigration attorney, this is an EXCELLENT 'thing' for the attorney to handle, between USCIS and the prison. If the immigration attorney doesn't know how to get it done, though, you should get a criminal attorney to step in and make some phone calls, make it happen.

Whew ! I hope someone else can chime in on this, as well. Mostly what I've spewed here is both opinion and positive speculation.

[theladynthetramp 0]

i just received your response on "a request for full fingerprints", I'm a USC, I fuled I130 for my husband who hasnt seen his son for 2 years!

i was convicted on the 27th of may for assault with deadly weapon/bodily injury charges. im goin to jail on the 3rd of july, yet, me and my husband got the papers ready for the NVC process, and my sister who lives with me will do us a favor n send'em.

my husband been doin alotta readings on this site, and im just hoping that i could be hopeful to find him here when i get out after 8 months in jail. my son is gonna remain at my sister's too, even after i get outta jail im not allowed t oleave the country cuz im on probation for 5 years. im not sure i can afford an attorney by then, i wouldnt have money.

is there a possibility that they wouldnt request full fingerprints? what can i do? i dont want the petition to b cancelled, 8 months plus doin the petition again will tear us apart. please help me figure this out

[theladynthetramp 0]

ouch. that's a serious question, require some serious thought.

as-is - USC must show up for any ASC appointment, ya ?

If he doesn't, is possible for the interview to be rescheduled.

This pushes back the 'schedule' on adjudicating even further.

If this 'request' is not 'responded to' within some period of time, the I-130 will be denied and closed at USCIS, prior to any NOA-2 approval.

But... if he's incarcerated at a prison (not a jail) then USCIS can do alternative fingerprinting 'stuff', with a paper or electronic record sent FROM THE PRISON to the USCIS office that requested biometrics (not the ASC office itself) . IMO, need some 3rd party to contact the warden, get the ball rolling on the fingerprinting process. But that's just my opinion, and I'm not an attorney.

If yer USC spouse has an immigration attorney, this is an EXCELLENT 'thing' for the attorney to handle, between USCIS and the prison. If the immigration attorney doesn't know how to get it done, though, you should get a criminal attorney to step in and make some phone calls, make it happen.

Whew ! I hope someone else can chime in on this, as well. Mostly what I've spewed here is both opinion and positive speculation.

and im gonna be in jail and not in prison. what difference will it make?

[Darnell 8,478]

usually, 'jails' not have much 'full service' when compared to a prison.

The jail you go to, might be some exception. Hard to say, hard to know.

You could get a 2nd set of prints MADE at a local 'police office' NOW, prior to incarceration, have the fingerprint tech CERTIFY the set, get a letter of attestation from the 'duty supervisor' at the police office, then your family hold on to this set whilst yer in jail.

When the Biometrics appointment comes up, one of your family members can then show up, give the fingerprint record, fingerprint tech's certification, and this letter of attestation to the ASC staffer, and yer done. It's not a 'normal' process, at all, but in the same breath, ASC does the reverse - if an ASC staffer cannot get a valid 'set' of the electronic scanning (some people just can't get it done, something wonky about their fingertips) when showing up in person, then a paper print is requested, yer told to go to a police office to get it done, and the paper prints are accepted.

Having the set done on the proper form, at the police office, with the tech's certification, and the duty supervisor's attestation, will be ENOUGH of a paper trail/chain for the ASC staffer to ACCEPT the paper print fingerprints.

But hei - who knows ? you might be OUT by the time the ASC appointment comes through, as well .

IMO, do the fingerprinting process today or tomorrow, go walk in to the police office, tell them you need a set made.

If you mention 'is similar request type as if you had to make a set for IRS-authorized electronic return originators and tax preparers' - they'll know exactly which form to use to take the prints - then you'll need to ask for the certification and attestation.

The certification is simply a stamp -

The attestation letter will read something like :

---------------cut here, top

[ Police Address ]

[ Lt Jones, Duty Supervisor ]

[Date ]

[DHS/USCIS Biometrics Reviewer ]

[ASC Office ]

I am writing this letter to attest that Stephen L. Smith, SSN 123-45-6778, US Passport # 129991201 , showed up at our police station on the 31st of June, 2010, and had a physical print made of his fingerprints, on form ##S_AR-AQ, with our internal record ID of 2010223991-A, by fingerprint technician SGT. Alvin G. McHenry, police badge # @#$@#@342 .

My signature below attests that the information above is true and accurate. The physical print, in the enclosed envelope with tag # 23422212-S, is the fingerprints of Stephen L. Smith.

----------------------------

LT. George R. Jones

=+-=-=-=-=-=-=-=- cut here, bottom

Good Luck !

[Darnell 8,478]

and im gonna be in jail and not in prison. what difference will it make?

One thing that is not clear, to me -

do you have PRIOR concern about PRIOR arrest or conviction, occuring PRIOR to the I-130 filing ?

If so, hei - do the paper print process I described moments ago.

I think the current conviction will catch up with you as USCIS is finishing up their namechecks process (see http://www.usaimmigrationattorney.com/SecurityNameChecksAndAdministrativeReview.html for a longish explanation ) so please, get the paper prints done prior to walking into the jail for processing.

GOOD LUCK !

[theladynthetramp 0]

thank you so much!! yes i'll work on it today!!! thank you darnell!!

[theladynthetramp 0]

and i just have a prior concern about the current conviction that i had while the current I-130 is pending! i just have to get the fingerprints ready

[theladynthetramp 0]

So Im gonna get the fingerprints set today from the police department in where i live. i was reading on USCIS site after checking my case that:

"If you have filed an I-485, I-589, I-751, N-400, I-90, I-821, I-131, I-130 or I-765, you can expect to receive an appointment notice to appear at an Application Support Center to have your fingerprints and/or biometrics taken. The timing of your appointment is determined by the number of applicants ahead of you that also need a biometric appointment. We try to schedule biometric appointments as quickly as possible and in most cases you will receive your appointment notice within 30 days of submitting your application. We will send your appointment notice approximately 14 days ahead of your scheduled appointment. It is important that you keep this appointment. If absolutely necessary, you can request that your appointment be rescheduled however, please be aware that rescheduling may delay the processing of your application. Please follow the instructions on your appointment notice if you need to reschedule."

they say i'd receive an appointment notice after 30 days from submitting the I-130, it's 55 days since the NOA1 received May, 5th 1010. so maybe they wouldnt schedule a biometric appointment for me?

Edited July 1, 2010 by theladynthetramp

[theladynthetramp 0]

So Im gonna get the fingerprints set today from the police department in where i live. i was reading on USCIS site after checking my case that:

they say i'd receive an appointment notice after 30 days from submitting the I-130, it's 55 days since the NOA1 received May, 5th 1010. so maybe they wouldnt schedule a biometric appointment for me?

what do you think darnell?

[Darnell 8,478]

I dunno - the timing is the bit that matters, right ?

Seems a bit hard to really 'dig in' and come up with some absolute answer for getting them done.

The sad bit, is that you cannot ever walk into an ASC office without an appointment letter - they have gnarly security guard outside the door, checking for appointment letters.

So, I know you're trying to be pro-active (and that's why I outlined the paper print process for you )

but it's only gonna be useful , for later, if you get the biometrics appointment letter.

IMO, since yer gonna be incarcerated during the time WHERE you MIGHT possibly get the letter,

is better, for today, to get the paper prints done prior to going to jail,

then IF the biometrics letter shows up, a relative can go drop them off.

re: the 'timing' on biometrics letter - even more hard to say - USCIS always uses some '30 day window' but rarely is it '30 days', as usually USCIS is backlogged, somehow.

IF IT NEVER COMES UP, then yer good.

IF it does come up, later, well, you've got the paper prints for a relative to hand over.