RESCHEDULE OF BIOMETRICS

[soy224cpa 0]

HELLO EVERYONE,

ITS BEEN SO LONG SINCE I VISITED THIS SITE AGAIN. JUST SO BUSY WITH MY LIFE AS A WIFE AND A MOM. JUST TO UPDATE WITH MY STATUS. WE SEND AN APPLICATION FOR THE REMOVAL OF OUR CONDITIONAL STATUS LAST SEPT. 13, 2010. WE RECEIVED A SCHEDULE FOR BIOMETRIC SUPPOSEDLY SCHEDULE THIS 9TH OF NOVEMBER, BUT A SEND A LETTER OF REQUEST FOR A RESCHEDULE OF OUR APPOINTMENT. I MENTIONED IN MY LETTER THAT I WANTED FOR A RESCHEDULE ON DECEMBER 28, 2010 BECAUSE MY SON IS IN THE PHILIPPINES RIGHT NOW, HE IS IN SCHOOL AND HE CAN ONLY COME THIS DECEMBER FOR THE CHRISTMAS VACATION AND IN COMPLIANCE ALSO WITH THE U.S. IMMIGRATION LAW THAT AN IMMIGRANT SHOULD BE HERE IN THE U.S. FOR AT LEAST ONE DAY WITHIN THE 365DAYS. OUR IMMIGRANT STATUS WILL EXPIRE THIS 8TH OF DECEMBER. BUT WHEN WE SUBMITTED OUR APPLICATION, WE RECEIVED A NOTICE THAT OUR IMMIGRANT STATUS IS EXTENDED FOR A YEAR UNTIL THE APPROVAL OF OUR APPLICATION.

TODAY I RECEIVED AN APPOINTMENT FOR A BIOMETRIC ON NOVEMBER 24, 2010.I DID NOT RECEIVE ONE FOR MY SON. AND I DONT KNOW IF MY REQUEST IS GRANTED OR NOT. NOT UNTIL THE TIME WHEN I RECEIVE ONE FOR MY SON. I HAVE A LOT OF QUESTIONS IN MIND.

1. THEY SEND ME AN APPOINTMENT OF BIOMETRIC ON NOVEMBER 24, 2010 (BUT MY REQUEST IS TO HAVE IT ON DEC. 28). IT THIS MEANS THAT MY REQUEST WAS DISAPPROVED(NOT GRANTED). IS IT OKEY IF I HAVE TO HAVE MY BIOMETRIC WITHOUT MY SON. WILL IT NOT AFFECT OR CREATE ANY PROBLEMS WITH MY SON'S IMMIGRANT STATUS.

2. OUR CONDITIONAL STATUS WILL EXPIRE THIS 8TH OF DECEMBER, AS PER NOTICE WE RECEIVED, OUR STATUS IS EXTENDED FOR A YEAR. WHEN MY SON COMES BACK BY DECEMBER 19, WILL HE NOT ENCOUNTER DIFFICULTY AT THE PORT OF ENTRY. CAN HE ENTER WITH HIM THE ORIGINAL COPY OF THE LETTER AND THE EXPIRED IMMIGRANT GRANT THAT WAS GIVEN TO US TWO YEARS AGO?

I WOULD APPRECIATE IT SO MUCH IF ANYBODY WHO HAS THIS EXPERIENCE, CAN SHARE THEIR THOUGHTS WITH ME. I AM WAITING FOR ANY REPLY. THANK YOU VERY MUCH AND MAY WE HAVE A BLESSED DAYS AHEAD.

[v333k 59]

did the letter request you to attend for biometrics or your son as well? How old is your son? If less than 14, then he will not be required to take biometrics.

As for requesting a specific date, it will not happen. They will just reschedule you for a date that is available to them... they really don't care about us and our problems.

As for your second question, you should probably send him the original NOA that extends his GC by 1 year. Make sure you make several copies for your records though. Also, make sure you send it using FedEx, DHL or any courier that will confirm delivery. USPS is good in the US but once the package leaves the US, they cannot guarantee services, so avoid USPS.

Going back to biometrics, you and your son (if he is required to get biometrics) can try a walk-in biometrics. Just go on a day that you are both free and see if the service center will take you earlier than the scheduled day.

HTH

P.S. One last comment I have, which is not related to these questions, but I couldn't help but notice your comment about your son attending school in the Philippines. You are aware of the continuous residency and physical presence rules that we (as LPRs) must abide by and maintain. If we do not maintain them, we easily put ourselves in a position were we can lose our permanent residence status in the US.

just me 2 cents...

[soy224cpa 0]

did the letter request you to attend for biometrics or your son as well? How old is your son? If less than 14, then he will not be required to take biometrics.

As for requesting a specific date, it will not happen. They will just reschedule you for a date that is available to them... they really don't care about us and our problems.

As for your second question, you should probably send him the original NOA that extends his GC by 1 year. Make sure you make several copies for your records though. Also, make sure you send it using FedEx, DHL or any courier that will confirm delivery. USPS is good in the US but once the package leaves the US, they cannot guarantee services, so avoid USPS.

Going back to biometrics, you and your son (if he is required to get biometrics) can try a walk-in biometrics. Just go on a day that you are both free and see if the service center will take you earlier than the scheduled day.

HTH

P.S. One last comment I have, which is not related to these questions, but I couldn't help but notice your comment about your son attending school in the Philippines. You are aware of the continuous residency and physical presence rules that we (as LPRs) must abide by and maintain. If we do not maintain them, we easily put ourselves in a position were we can lose our permanent residence status in the US.

just me 2 cents...

FOR v333k,

thank you very much for your time and effort sending this respond. You know I did send both(me and my son's original biometric appointment) with the cover letter of request (date of request mentioned, Dec. 28). My son is 19years old. I did send the original letter from USCIS about the one year extension, he did receive the letter.

I have the idea that I can go there and have my biometrics done earlier than the scheduled date, but my problem is, although I have not still receive the Biometric Appointment for my son, I hope and pray that they will send us a Biometric Appointment which will be on Dec. 28. It really make me sad when you said that they(USCIS) don't care about us. I hope they are humanitarian enough to grant my request. May the Lord touch their heart and grant my request.

About losing the permanent residency, I hope not, what I knew that as a Permanent Resident status, you must be here in the U.S. at least one in a 365days, so we are safe there. But I know that it will take him a while to become a U.S. citizen considering the number of days/years him staying physically here in the U.S.. I hope I am correct with this. Not really sure.... If anybody knows about this. I would appreciate if you can share with this one....Thanks a lot....

Since I received my Biometric Appointment, I am planning of going to the USCIS office to take mine. Let's see what the USCIS office acts with regards to my son's status. I hope it will be a favorable one for us... Actually I am worried a bit.

[v333k 59]

Hi,

Unless the date they schedule the biometrics is on the 28th coincidentally, it will be scheduled on the next available timeslot that service center has, and they most probably will not do so just out of the goodness of their hearts. They have rules that they must abide by and they do not bend them for anyone. I guess they are fair in that sense.

For the NOA, that is great so he can enter the US with his GC and NOA (if the date on the greencard is expired).

As for the 365 days, does he have a re-entry permit? If not, then the most a LPR can be outside the US is 6 months - you need to make sure your facts are correct, even USCIS officers tell LPR conflicting information and of course, they will never be held accountable for their mistakes - it will end up being our problem. Have your son fly back and forth in lengths shorter than 6 months to make sure he is safe.

In any case, you can always try to attempt a walk-in biometrics and see if they accept it - then you will be done.

[v333k 59]

You know what.. it is great that you have such hope and faith... keep it up and they may just grant you your wish!

[soy224cpa 0]

You know what.. it is great that you have such hope and faith... keep it up and they may just grant you your wish!

thank you very much, I really appreciate your time. May God bless to all the Visajourney members. I have fun reading all the experiences here. I learned a lot from this site. I hope you dont have problem with your application.

[soy224cpa 0]

thank you very much, I really appreciate your time. May God bless to all the Visajourney members. I have fun reading all the experiences here. I learned a lot from this site. I hope you dont have problem with your application.

Hello v333k,

You are right, about the mail that is send through USPS, now I have a problem, i thought my son received my mail, but until now it was not received still. I have a question to all the Filipinas who send letter to the Philippines, if how many days will it take your letter to arrive in your place. Unfortunately, I have my letter on an ordinary mail. Now I am so worried, when the mail I send will be receive by my son, he will be scheduled to come in the STates this December. Hope and pray he can have it before the scheduled date, otherwise he can't come back. I need your reply if you have any experience to this.

[edp333 9]

Hello v333k,

You are right, about the mail that is send through USPS, now I have a problem, i thought my son received my mail, but until now it was not received still. I have a question to all the Filipinas who send letter to the Philippines, if how many days will it take your letter to arrive in your place. Unfortunately, I have my letter on an ordinary mail. Now I am so worried, when the mail I send will be receive by my son, he will be scheduled to come in the STates this December. Hope and pray he can have it before the scheduled date, otherwise he can't come back. I need your reply if you have any experience to this.

My mail normally takes two weeks to 30 days. About 1 in 4 never arrive. Have you considered sending a scan of the letter. It is not the original, but a copy is better than no letter.

Also, an LPR being out of the US for longer than 6 months resets the naturalization time. A re-entry permit is needed before leaving if the stay is longer than 1 year, but less than 2 years. There are other conditions (factors) involved but it gets more complicated.

As for LPR staus this explains it in plain English: Title 9 of the Foreign Affairs Manual Section 42.22 N1.3, states that consular officers should take into account evidence that indicates abandonment of LPR status which includes:

* Extended or frequent absences from the U.S.

* Disposition of property or business affiliations in the U.S.

* Family, property or business ties abroad.

* Conduct while outside of the U.S. such as, employment by a foreign employer, voting in foreign elections, running for political office in a foreign country, etc.

* Failure to file U.S. income tax returns.

Title 9 of the Foreign Affairs Manual Section 42.22 N1.4, does not define the term “temporary” in terms of time alone, but rather whether the intent of the LPR was to remain abroad temporarily. Intent controls.

http://www.immigrateusa.us/content/view/417/33/

[soy224cpa 0]

My mail normally takes two weeks to 30 days. About 1 in 4 never arrive. Have you considered sending a scan of the letter. It is not the original, but a copy is better than no letter.

Also, an LPR being out of the US for longer than 6 months resets the naturalization time. A re-entry permit is needed before leaving if the stay is longer than 1 year, but less than 2 years. There are other conditions (factors) involved but it gets more complicated.

As for LPR staus this explains it in plain English: Title 9 of the Foreign Affairs Manual Section 42.22 N1.3, states that consular officers should take into account evidence that indicates abandonment of LPR status which includes:

* Extended or frequent absences from the U.S.

* Disposition of property or business affiliations in the U.S.

* Family, property or business ties abroad.

* Conduct while outside of the U.S. such as, employment by a foreign employer, voting in foreign elections, running for political office in a foreign country, etc.

* Failure to file U.S. income tax returns.

Title 9 of the Foreign Affairs Manual Section 42.22 N1.4, does not define the term “temporary” in terms of time alone, but rather whether the intent of the LPR was to remain abroad temporarily. Intent controls.

http://www.immigrateusa.us/content/view/417/33/

hello edp333,

thanks for sharing your experience. What is the basis of your 30days, did you include the non working days, or just the working days? I mean of the working days, are only Mon.-Friday, and excluding Sat and Sun? I have a photocopy of the letter and worst come to worst, maybe I will send this to my son or would request from US IMMIGRATION another original copy of the extension letter. I dont know if they will entertain or grant this request. I am really worried about this, how I wished I asked first here, before making any action with regards to my application. I was just pre.occupied with everything and did not think of what should be done as to the mailing of my stuff here. What a mess I did. But anyway, what is done cannot be undone, so I just keep on praying and Trust the Lord. May HE send HIS angels and touched the hands to those who received my letter in the Philippine Post Office. May everything will just run smoothly. Thank you.

[edp333 9]

hello edp333,

thanks for sharing your experience. What is the basis of your 30days, did you include the non working days, or just the working days? I mean of the working days, are only Mon.-Friday, and excluding Sat and Sun? I have a photocopy of the letter and worst come to worst, maybe I will send this to my son or would request from US IMMIGRATION another original copy of the extension letter. I dont know if they will entertain or grant this request. I am really worried about this, how I wished I asked first here, before making any action with regards to my application. I was just pre.occupied with everything and did not think of what should be done as to the mailing of my stuff here. What a mess I did. But anyway, what is done cannot be undone, so I just keep on praying and Trust the Lord. May HE send HIS angels and touched the hands to those who received my letter in the Philippine Post Office. May everything will just run smoothly. Thank you.

The 30 days was some documents I sent International Priority Mail 6 day delivery. It included weekends or calendar days.

You can ask for another original copy. Some VJers have been successful when asking without having to pay the $340 fee. I hope the I-797c arrives soon.

[Harpa Timsah 13,258]

As for the 365 days, does he have a re-entry permit? If not, then the most a LPR can be outside the US is 6 months

That is not true, a LPR can leave for up to a year without needing a reentry permit. Whether they can leave every year except for a few days is another matter...

[soy224cpa 0]

The 30 days was some documents I sent International Priority Mail 6 day delivery. It included weekends or calendar days.

You can ask for another original copy. Some VJers have been successful when asking without having to pay the $340 fee. I hope the I-797c arrives soon.

Hi there,

yeah, i will wait until next and then that will be the time that I will ask/ send a request for another original copy of Extension Letter for my son. thank you very much. By the way, asan ka sa Pilipinas?? Just curious. thanks God bless....

[soy224cpa 0]

That is not true, a LPR can leave for up to a year without needing a reentry permit. Whether they can leave every year except for a few days is another matter...

HI Harpa Timsah,

I will just stick to what I know, that any Permanent Resident can go out of the United States as long as he/she will be back at least one day in 365days, I have a lot of officemates before in my country, works in the Philippines and just come here to visit their family, for a couple of weeks and go back to the Phils and work there, they are okey. And that's also the information we got from the US Immigration Examiner who interviewed us during our application for the Adjustment of STatus in 2008. So I will stick to that, not unless there is a change in rules in the US IMMIGRATION in which I don't know. Thanks....

[edp333 9]

Hi there,

yeah, i will wait until next and then that will be the time that I will ask/ send a request for another original copy of Extension Letter for my son. thank you very much. By the way, asan ka sa Pilipinas?? Just curious. thanks God bless....

Aking asawa ay mula sa Paranaque or My spouse is from Paranaque.

[Jupiter07 12]

HELLO EVERYONE,

ITS BEEN SO LONG SINCE I VISITED THIS SITE AGAIN. JUST SO BUSY WITH MY LIFE AS A WIFE AND A MOM. JUST TO UPDATE WITH MY STATUS.

Next time please use small letters. They are more legible. Just saying.