Update on Biometrics Abroad & USCIS Filing Tips

CAST attended USCIS’s July 27, 2022 T/U/VAWA webinar where representatives from the USCIS Office of Policy & Strategy (OP&S) and the Public Engagement Division discussed issues relating to T visas and other humanitarian remedies.[1] Key take-aways for T visa practitioners are below. Note that CAST’s notes on USCIS’s March 2022 engagements, which covered more topics, are available here.  

Biometrics for derivatives abroad

• USCIS is sensitive to the difficulties that overseas applicants are currently encountering when trying to have biometrics taken. As a result, overseas applicants in some countries, where the Department of State has been unable to fulfill biometrics requests, are being allotted an extended period of time within which they may have their biometrics taken. This extended period, which is not standard for all biometrics requests, is noted on the biometrics notice.
  • CAST advises that practitioners always timely respond to biometrics requests to avoid I-914A denial for abandonment. If the derivative applicant has been unable to have their prints taken, include a brief explanation as to why and/or evidence of efforts to comply with the biometrics request such as scheduling emails with the consulate or public information regarding closure to the public. In the response to USCIS, the applicant may ask for an alternate method of complying with the background check requirement (i.e. a local clearance letter) or a new biometrics notice allowing an additional period of time to comply with the request.

Filing tips from USCIS

• Applicants should complete all questions on the I-914 and related forms to the best of their ability. If the applicant is unable to answer a particular question or it does not apply, it is helpful to write “N/A” in that space. This may reduce the need to issue an RFE.
• Recommended order of documents:
  1. G-28
  2. Cover letter
  3. Form I-914
  4. Supplement B (if applicable)
  5. Supporting documentation
• If responding to a Request for Evidence (RFE), the RFE notice should be on top, followed by the cover letter. If the RFE notice is not included with the RFE response, there is a chance that the filing will be misrouted.
• If inadmissibility grounds apply to the applicant, an I-192 should be filed with the I-914.
• Though not required, USCIS recommends including an index of evidence.

[1] USCIS's PowerPoint (here) and Q&A responses (here) are available in the Electronic Reading Room.