News & Insights

1. Understanding the Biometrics Requirement for Asylum Cases in Immigration Court

Biometrics are essential for conducting background and security checks as part of the asylum process. Even if you completed biometrics during detention or for an Employment Authorization Document (EAD), a separate biometrics appointment may be required for your asylum case. Failing to complete this step can result in delays to your final hearing, as the judge relies on the biometrics results to proceed with your case.

2. Steps to Resolve Biometrics Delays

Verify That USCIS Received Your Request:

• Ensure you mailed the required documents to the correct USCIS lockbox or service center, as indicated in your instructions.
• Include the first three pages of your Form I-589, a cover letter explaining your request, and your Alien Registration Number (A-number).

Follow Up with USCIS:

• Use the USCIS e-Request tool to submit an inquiry about the delay: USCIS e-Request Tool.
• Call the USCIS Contact Center at 1-800-375-5283 to speak with an agent and inquire about your biometrics appointment status.

Contact DHS’s Office of the Chief Counsel:

• Reach out to the DHS attorney handling your case.
• Provide your A-number, details about your biometrics request, and the judge’s instructions regarding biometrics.
• Request that they intervene or escalate the matter to ensure compliance with court requirements.

Request Assistance from the USCIS Ombudsman:

• The USCIS Ombudsman’s Office can assist with cases involving delays.
• Submit a case assistance request online: USCIS Ombudsman Assistance.

Schedule an InfoPass Appointment:

• Visit your local USCIS field office to speak with an officer in person.
• Schedule an InfoPass appointment via the USCIS website: USCIS InfoPass Appointment.

File a Motion with the Immigration Court:

• If all other efforts fail, work with your attorney to file a motion to compel biometrics processing or a request for the court to intervene.
• This shows the judge that you have made every effort to comply with their instructions.

3. Prepare for Your Next Court Appearance

Document Your Efforts:

• Keep a record of all communication with USCIS, DHS, and the court.
• Include:
  • Copies of letters or emails sent.
  • USPS tracking information for mailed requests.
  • Notes from phone calls, including dates, times, and the names of USCIS representatives spoken to.

Present Evidence in Court:

• Bring all documentation to your next hearing to show the judge your proactive efforts to resolve the biometrics issue.

Consult an Attorney:

• An immigration attorney can assist in escalating your case or filing motions with the court to address the delay.

4. Why Are Biometrics Important?

Biometrics enable USCIS to conduct:

• Background checks for security and criminal records.
• Verification of identity and immigration history.

Failure to complete biometrics can result in case delays or complications, as the results are necessary for adjudicating asylum applications.

5. Key Takeaways on Immigration Law and Biometrics Delays

Mandatory Requirement:

• Completing biometrics is a legal requirement for asylum applicants.
• Previous biometrics from detention or EAD applications cannot always substitute for the court-mandated process.

Timely Follow-Up is Critical:

• Regular communication with USCIS and DHS is essential to prevent delays from impacting your case.

Judicial Discretion:

• Judges have the authority to reschedule hearings due to biometrics delays.
• Repeated postponements can affect your case timeline and overall outcome.