Blog by Pasricha & Patel, LLC

USCIS Updates Policy Clarifying Mobile Biometrics Collection

Categories: Attorneys , Citizenship , immigration attorneys , Immigration Law , Law Firm , Lawyers , Software Agreements , Technology Law

On March 7, 2024, the U.S. Citizenship and Immigration Services added clarification in the USCIS Policy Manual on existing policy regarding mobile biometrics collection services to benefit requestors who live in remote locations within the United States.

The existing policy states that as part of its processing of immigration benefits, USCIS has the authority to collect biometrics from any individual who has applied for an immigration benefit. Biometrics collection includes, but is not limited to, fingerprints, photographs, and digital signatures. In most scenarios, USCIS schedules biometrics appointments at a local Application Support Center (ASC).

The purpose of collecting biometrics is to allow USCIS to verify a person's identity, produce the correct documents, and facilitate security background checks, as well as ensure that the individual is eligible for the sought benefit.

In certain situations, USCIS may provide requestors with the ability to utilize mobile biometrics collection services to individuals who are unable to attend their scheduled ASC appointments in person. Moreover, USCIS does not collect biometrics from any individual in custody at correctional facilities.

The adjustment of this policy highlights and clarifies that USCIS has the singular discretion to determine when it is applicable to provide mobile biometrics collection services to individuals living in remote locations within the United States. USCIS considers various factors in determining whether to exercise discretion, including difficulty of travel, the distance an individual must travel to an ASC, and efficient use of USCIS resources. If USCIS determines that they can provide mobile biometric services, they will inform the person directly.

This also signifies USCIS’ willingness to be more flexible in how it collects immigrant applicants’ information. We hope this level of flexibility signals USCIS’ willingness to be more flexible in other areas, such as scheduling appointments and waiving certain interview requirements, especially if the immigrant applicant is elderly or disabled.

As this policy is subject to more developments, we encourage readers to check our website regularly for any news and updates on this and other topics regarding immigration law.



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