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Timona

Petitioners do Biometrics nowadays?

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Filed: Citizen (apr) Country: Kenya
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I myself I'm bamboozled by this...but is USCIS now starting to call petitioners to take fingerprints/biometrics? I've viewed the notice in question and can confirm that USCIS called the petitioner on his I-130 notice, to go for biometrics. 

 

Is this the new norm?

 

As far as I know, only beneficiaries do biometrics.

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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1 hour ago, Timona said:

As far as I know, only beneficiaries do biometrics.

It's rare but the Petitioner can be called-in for biometrics: https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf "you do not need to include a biometric services fee at the time you submit your petition. If you are later notified that you must submit biometrics, you will receive a biometric services appointment notice with instructions on how to submit the additional biometric services fee."

 

Does the Petitioner have a very common name? Or does the Petitioner have a criminal record?

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Filed: Citizen (apr) Country: Kenya
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34 minutes ago, Adventine said:

Could it possibly be that the couple got confused filling out the forms, and the petitioner got mixed up with the beneficiary?

 

That's what I thought too. But again, I remember he had some criminal record. 

 

14 minutes ago, HRQX said:

It's rare but the Petitioner can be called-in for biometrics: https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf "you do not need to include a biometric services fee at the time you submit your petition. If you are later notified that you must submit biometrics, you will receive a biometric services appointment notice with instructions on how to submit the additional biometric services fee."

 

Does the Petitioner have a very common name? Or does the Petitioner have a criminal record?

 

There was one, apparently. 

Receipt number is LIN

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Filed: Timeline

So the next bit of advice for them would be to first review the AWA list and make sure their offenses don't fall under it. In general AWA is abuse towards children but also includes solicitation (any age) and voyeurism type offenses. Providing the charges are not AWA- the next bit of advice would be for them to start gathering all documentation about what ever it was. This can take some time and if it was old it can be harder so you don't want to wait until the last minute! 

 

I am assuming this is for a spouse/fiance visa and if so step 3 is giving the beneficiary copies of all the documents for them to review. The beneficiary needs to be aware of all the details so if questions are asked in the interview they can answer confidently and won't be caught off guard if the Officer brings up details they didn't know.  If the charges were for DV or another violent type offense the Officer may try to discourge the petitioner. In those scenarios the CR is the better option because as you know the K can not be appealed so if denied you start over.

 

Now they can also decide to interview the petitioner in addition to biometrics but typically biometrics is enough for them to verify the criminal record. Hopefully they disclosed everything they were supposed to. If they didn't they could be denied for such and would have to evaluate whether appealing or refiling is better.  

 

Also if the charges are related to any type of fraud they may have a hard time establishing they are able to make sworn statements like I am entering the marriage in good faith.  In general immigration looks more favorably on those who admit the wrong doings and have learned from them and take responsibility so thats how both should seek to present it if/when asked about it. 

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27 minutes ago, Villanelle said:

I am assuming this is for a spouse/fiance visa and if so step 3 is giving the beneficiary copies of all the documents for them to review.

Timona said the petition that was filed was Form I-130. Also thread was posted in AOS from Work, Student, & Tourist forum.

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Filed: Citizen (apr) Country: Kenya
Timeline

Sent them link to read your comments 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Filed: Citizen (apr) Country: Kenya
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1 hour ago, JeanneAdil said:

So,  petitioner  is here on F1 visa and is foreigner and is applying to AOS

They would require biometrics for him 

he's not the USC

 

No. Petitioner is USC but had some offense. 

Edited by Timona

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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