Many of our clients and readers are familiar with the requirement to submit to biometrics (digital fingerprinting and/or photograph, please see below) in connection with certain USCIS applications. The biometrics are often taken at USCIS Application Support Centers (ASC) after a notice, showing a specific ASC address and appointment date/time, is issued and mailed to the applicant.
Among the most common USCIS application types which require biometrics are I-485, Application to Adjust Status, I-131, Application for Travel Document (Reentry Permit) (please see our specialized Expedited Reentry Permit site), and I-90, Application to Replace Permanent Resident Card. Our office handles a fair number of these applications and we hope to provide some additional background on the biometrics process.
Biometrics Codes
Normally, an ASC Biometrics Notice would contain (in the top right area), a field named “Code.” The “Code” field is intended to indicate the type of biometrics processing to be performed. The possible values are:
- Code 1 – fingerprinting only (10 prints);
- Code 2 – biometrics (photo, signature and index finger);
- Code 3 – fingerprints (10 prints) and biometrics (photo, signature and index finger).
USCIS has indicated that the applicable code for each biometrics appointment is determined based on the type of an application and certain relevant case factors.
Reusing/Transferring Biometrics Across Applications
A question which arises often with respect to some applicants is whether USCIS can reuse biometrics for different types of applications. Some examples are a reentry permit applicant, who needs to renew his or her green card, or for I-485 adjustment applicant who need to apply for a reentry permit soon after I-485 approval.
The government has confirmed that they are indeed willing and able to transfer biometrics across applications; however, such flexibility is available only to military service members and their families who have unique situations regarding deployment, moving, and living overseas which affect their ability to provide fingerprints and fulfill the background check requirements. This authority is provided by the Kendell Frederick Citizenship Assistance Act, enacted on June 26, 2008, requires USCIS to use fingerprints taken for previous immigration purposes or fingerprints provided during military enlistment to complete the required naturalization fingerprint check.
Can Biometrics Be Waived?
Unfortunately, USCIS is very clear that the collection of biometrics cannot be waived with very limited waivers available for certain medical conditions (generally, medical conditions which affect the applicant’s ability to do the biometrics).