Urgent travel overseas before biometrics - I-175

[aliya 0]

Hi all

I recently submitted my I-175 Removal of Conditions application (with waiver and submitted earlier due to divorce) and received the NOA1 letter (extension for 1 year notice) with receipt date 09/14/2010. I now have urgent family reasons to travel to Australia and may need to be out of the US for up to 3 months. I have a flight booked for October 19th and have been hoping to get the biometrics appointment in the mail before I depart. I was intending to try a walk in at the local office (Tampa) with appointment letter and my airline ticket and explain the urgent need to travel. However, I haven't received the appointment letter yet, and although I know I am safe to travel with the NOA1 extension (actually my Green Card hasn't expired yet anyway) I'm wondering if anyone has had the experience, or knows someone who has, regarding what happens if you miss the biometrics appointment due to being overseas?

I also have another complication in that I have no one to check my mail for me while I am away so will need to forward it to another US address where someone can. I read somewhere on Visa Journey that the US Postal Service will not forward anything with USCIS on the envelope and will return to sender instead. Since I need a US residential address for mail from USCIS I'm really not sure what to do! Any advice would be much appreciated...

[Kathryn41 3,205]

I would make an Infopass appointment at your local USCIS office, bring in what you have received up to date, along with your travel arrangements. They may be able to do one of two things for you - arrange for you to take your biometrics right away before you leave, or arrange to have any biometrics deferred until you return to the US. I know that I had to reschedule a biometrics appointment received 2 days before we were travelling and the appointment scheduled for the day before we returned. I did have the letter, though, so was able to do that. The new appointment was rescheduled for about 5 weeks later. I wouldn't bother with trying to do this over the phone - there is too much inconsistency with the call center employees who answer the phone and this is too important to trust to them getting the information handled correctly. Go in person and speak with an immigration official. They should be able to update your file so the information is recorded. Hopefully, you will be allowed to do your biometrics right away.

If I recall my mail from USCIS was about half and half with USCIS being on the envelope and not being on the envelope. I have heard of USCIS mail being forwarded in certain cases. You could go to your local postmaster, explain the situation and ask them to forward USCIS mail regardless under these circumstances. It won't hurt to ask and they may say yes, especially with this personal contact.

Good luck to you.

Edited October 9, 2010 by Kathryn41

[aliya 0]

Thanks Kathryn, the information is much appreciated. I did just go to the USCIS website to schedule an infopass appointment but it seems that I would need to tick the option: Case Processing Appointment - If you received a notice to go to your local office for further case processing. Since I do not yet have this (the biometrics appointment notice) and none of the other options apply, I'm not sure if I'm eligible or if they can even help?

Re the mail issue - the idea of going to the local postmaster and explaining the situation and asking them to forward USCIS mail under the circumstances is an excellent idea...they may be sympathetic! If I can get the information via someone opening my USCIS mail and letting me know, I had thought to just request another appointment once I have a case number and appointment date (I believe you can do this up to 3 times?) This may carry me through until I can get back...

I'm wondering though, if anyone knows about the consequences of leaving the US before the biometrics have been done and whether the failure to go to a scheduled appointment would automatically annul the ROC application?

[Kathryn41 3,205]

Thanks Kathryn, the information is much appreciated. I did just go to the USCIS website to schedule an infopass appointment but it seems that I would need to tick the option: Case Processing Appointment - If you received a notice to go to your local office for further case processing. Since I do not yet have this (the biometrics appointment notice) and none of the other options apply, I'm not sure if I'm eligible or if they can even help?

Re the mail issue - the idea of going to the local postmaster and explaining the situation and asking them to forward USCIS mail under the circumstances is an excellent idea...they may be sympathetic! If I can get the information via someone opening my USCIS mail and letting me know, I had thought to just request another appointment once I have a case number and appointment date (I believe you can do this up to 3 times?) This may carry me through until I can get back...

I'm wondering though, if anyone knows about the consequences of leaving the US before the biometrics have been done and whether the failure to go to a scheduled appointment would automatically annul the ROC application?

The categories for the Infopass are rather limited, but you do qualify and you are allowed to make one. Since the matter does relate to an appointment scheduling, even though you haven't received the notification yet, I would choose that one. You could also try one of the other ones if an appointment for that option isn't available within your time limitations. The important thing is to get an appointment where you can speak with an immigration agent. Some offices even have kiosks within their lobbies where you can try to make a walk-in appointment, so if all else fails, you can try that.

The biometrics letter states that if you miss the appointment and have not contacted them about it, then the case is considered abandoned. While you might be able to get it re-opened if that happens, it would still be a major hassle and would cause problems if you were outside of the US at that time. You definitely don't want that to happen. Hopefully you will be able to get it addressed at the Infopass, and with the Post Office. As long as you know that the biometrics letter would reach the person receiving your mail, they could then open the letter and send back a request for a rescheduled appointment, requesting a date for after your return. Try to leave a copy of your flight information print-out along with the reasons for your trip out of the US with this person so they can include a copy with the request for rescheduling. I would do this even if you do end up making that infopass appointment as a fall back security option.

[aliya 0]

Well it was certainly worth a try! Got this response: "At this time, there are no information appointments available for the office in your area." Please try back again later." These are the other 3 options:

*Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.

*EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.

*Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.

I really don't think any of these can even vaguely apply to my circumstance! I will call USCIS on Monday and see if they can help at all ...I'm wondering if they have a way of putting it all on hold due to unforeseen circumstances...we can but hope...

Otherwise I may have to go as you suggested and just try to see them at the office without an appointment - long way to go unfortunately. And failing sorting it out before I leave, as you say, hopefully I will be able to reschedule for after my return if my friend can get the information from the mail for me...

[Kathryn41 3,205]

Keep trying several times a day including early in the morning and around or shortly after midnight when they 'release' the next appointment dates. I am not sure how far in advance they schedule so that is why it may become necessary to go to the office instead and see if you can get an 'emergency' infopass appointment.

Now, you could also try calling the 1-800 line and see if you can get the call escalated to an actual immigration officer instead of the first line person who answers the phone (a call center employee working off of a script). If you can't get the call escalated, see if they are able to find out if there has been a biometrics appointment made yet or a letter issued. You can try explaining to them your problem - make it sound really complicated and detailed - and it might end up being referred to the next level as it won't fit their 'scripted' responses. The second level individual may be able to provide you with your 'biometrics' case number as well so you will have the means to check online while you are away to see if there is any further update on your status.

I would still go the post office route and the infopass route all the same - you want as many failsafes in place as you can arrange.

[aliya 0]

This is all such good information thank you! I'm going to give all of them a go! Will keep you posted...

If I can't sort it out I wonder what happens if they take the line that you have abandoned your application - I'll also check with USCIS about this and about the possibility of re opening the case later if this happens...of course, as you point out, the first line phone service there is just a center employer working off a script and interestingly, they've even given me incorrect information in the past - for instance, I was told that even after a divorce I must wait until the 90 day window of the visa expiration date for applying for ROC - I kept trying to explain that the conditions on the visa would be broken etc...if it hadn't been for Visa Journey and all its wonderful contributions and resources, I would now be an illegal alien!

Edited October 10, 2010 by aliya

[aliya 0]

Update...As suggested I went through the steps for setting up an infopass appointment online, ticking the option of - Case Processing Appointment: If you received a notice to go to your local office for further case processing. I did get through to the page that gives options for dates this time and the only one available was October 25th - well past my departure date! Couldn't get through to a customer service agent at USCIS on the phone yesterday I think because of the holiday. Today, more success and got the usual "working off of a script' routine. She said that I need to wait 30 days from the date of the NOA receipt number which is in 2 days, so I will call back then. It seems there's not a lot I can do without that biometrics appointment letter anyway...

She did say that if I can have someone open the mail for me and follow the instructions for rescheduling this might be best. I went down to the local post office yesterday but it was also closed for the holiday, so plan to go again tomorrow to see about them forwarding the USCIS letters (didn't get a chance today). I was really hoping to just get this biometrics appointment out of the way before leaving, but it now seems that it's going to be an ongoing headache!

[aliya 0]

Further Update:

I ended up organizing USPS mail forwarding to a friend in the US, hoping that any USCIS mail would be forwarded. You can imagine how happy I was when said friend emailed me a scan of the biometrics appointment letter! He has now returned the letter requesting a rescheduled appointment.