Change in Reentry Permit Biometrics Procedures
Posted Jun 26, 2009
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The Nebraska Service Center (NSC) of the U.S. Citizenship and Immigration Services (USCIS) issued an advisement in June 2009 regarding a change in procedures related to requests for rescheduling biometrics (fingerprinting) appointments for applications for reentry permits. Reentry permits are travel documents used by U.S. permanent residents (green card holders) who need to remain outside of the U.S. in excess of one year. The NSC has advised that all applications for reentry permits will be denied if the fingerprinting is not completed within 120 days of filing. The procedures for requesting expedited fingerprinting have not changed.
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Biometrics in the U.S. Required
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As noted in our January 9, 2009 NewsBrief entitled, Reentry Permit Applicants May Request Expedited Biometrics Appointments, the USCIS has required fingerprinting for applications for reentry permits since March 2008. Applications for reentry permits must be filed from within the United States and the subsequent biometrics appointment must also be completed inside the United States. The biometrics requirement for reentry permits was covered in our March 14, 2008 article, Biometrics Now Required for Reentry Permits and Refugee Travel Documents.
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New Procedure for Rescheduling Biometrics
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The NSC has informed the American Immigration Lawyers Association (AILA) that they will deny applications for reentry permits if biometrics are not completed within the first 120 days after filing. Applicants either have to appear at their scheduled appointments or request to be rescheduled. This request must occur before the appointment date. A request for rescheduling must be accompanied by a reasonable excuse for the inability to appear for the scheduled appointment. Rescheduled appointments are set within a maximum 30-day timeframe. Applicants should plan their travel accordingly, as the announcement is absolute with respect to the 30-day timeframe.
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NSC Reviews Dates and Suggests Pre-Paid Express Envelope
The advisement stated that the NSC reviews all reentry permit applications initially for the departure dates of the applicants and attempts to arrange for fingerprint appointments prior to the scheduled departure from the United States. It suggests providing a pre-paid express mail envelope for faster transmission of one's fingerprint appointment notice.
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Expedite Request Process Unchanged
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In December 2008, the NSC established a procedure for granting requests to expedite the scheduling of biometrics notices for reentry permits. The procedure for requesting biometrics notices in fewer than 30 days is set forth in our January 9, 2009 NewsBrief, cited above. The normal processing time for the scheduling of biometrics for reentry permits remains at 30 days.
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Reentry Permit Denials Likely for Overseas Applicants
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NSC will deny an application for reentry permit when the applicant leaves the United States before completing fingerprinting, and does not either appear for the appointment or make a timely request to reschedule under the revised USCIS policy. Furthermore, applicants who do not follow up with their requests to the Application Support Center (ASC), to ensure that their appointments have really been rescheduled, are likely to have their applications denied. Fingerprinting must be completed within 120 days of the application. Applicants, therefore, can expect their cases will be denied if they make repeated requests to reschedule fingerprinting, resulting in failure to be fingerprinted within 120 days of filing their applications.
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Overseas Travel Must be Carefully Scheduled
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It is clear that the NSC has revised procedure for rescheduling biometrics in order to resolve cases without extended delays. The NSC specifically described a situation in which an applicant files a timely request to reschedule asking for more than 30 days, does not follow up on the rescheduled appointment, and then remains outside of the United States for 120 days. In this situation, the NSC will deny the application for the reentry permit. The ability to request additional review, via a motion to reopen (MTR), is limited and will be decided on a case-by-case basis. It is clear from the tone of the NSC announcement that mere inconvenience or normal travel difficulties are not sufficient for overcoming a denial.
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Clearly, permanent residents planning extended travel should make all efforts to request reentry permits sufficiently in advance of their departure, so that fingerprinting can be scheduled prior to travel. If this is not possible, then the individual needs to plan to return to the United States in time for the appointment. Alternatively, s/he needs to return to the U.S. prior to the outside limit of one year abroad, so that a request for reentry may be made based upon the permanent resident (green) card. It should be noted, however, that there is always risk that the green card may be considered abandoned if one remains outside of the United States for extended periods.
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Conclusion
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We at the Murthy Law Firm appreciate the effort made by the USCIS in advising foreign nationals and immigration law practitioners of the changes to the NSC's process for rescheduling biometrics notices related to applications for reentry permits. U.S. permanent residents should take care to plan their international travel in order to complete their biometrics appointments before leaving, whenever possible. Otherwise, to avoid one's green card being considered automatically abandoned under law, it is important to return within one year, at the latest.
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