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- News
AILA Liaison/NSC Liaison Teleconference Q&As
[12/04/2009]

Neil Jacobson, (NSC Chief of Staff, and Acting Director) provided the following introduction and update regarding NSC operations.
 NSC recently received approximately 100,000 backlogged I-130 petitions and have adjudicating the petitions. The Service Center anticipates completing this backlog over the next several months. Most of the backlogged petitions are FB-4 (brothers and sisters of US citizens).
 Then NSC is continuing to work on backlogs on all of the forms processed at NSC, which is currently 19 different forms. NSC anticipates that they will be within processing goal times within the next couple of weeks. Most forms are already with the processing goal times mandated by headquarters. Some applications and petitions fall out of time for security issues, but most are current.
 
 1. Reentry Permits for children under 14 years of age: We understand that USCIS has been issuing biometrics appointment notices for children under the age of 14 who are applying for Reentry Permits. The form instructions note that biometrics are required for applicants 14 to 79 years of age. This suggests that applicants under 14, or 80 and over do not require biometrics. We note also that the USCIS issued a press release on March 5, 2008 (AILA Doc. # 08030575) announcing the requirement for biometrics. This Press Release also noted that the requirement applied to applicants between the age of 14 and 79. Are children under 14 required to attend a biometrics appointment for the digital photograph, digital signature and digital right index fingerprint (also referred to as "Code 2")? If there will be a digital photograph taken at a biometrics appointment, is it necessary to provide photographs?
 A: The instructions to the form are in error and will hopefully be changed soon. Everyone has to do biometrics, because the photograph is needed. Between the ages of 14 and 79, the fingerprints are taken. If a biometrics notice is issued, the person must show up, regardless of their age.
 Thus, it is not necessary to submit a photograph with the application. However, if it is submitted, it becomes part of the file and becomes secondary evidence. See question 4. So, although not required for Reentry Permits (they are required for Advance Paroles), NSC suggests sending a photograph anyway to ensure avoidance of any issues.
 
 2. I-90s for children turning 14: The form instructions do not specifically address the issue with regard to whether an individual who has turned 14 is required to attach the original Permanent Resident Card to the I-90 filing. The instructions only state that if an individual is "filing only to register at age 14 years, and your existing card will not expire before your16th birthday" the filing fee of $290 is not required. SOPs for the I-90 state that if Box "g" is checked (alien turning 14), "The application fee is not required if the applicant has filed within thirty days after his/her birthday and is attaching the old card (see 264.5e(ii)). Otherwise, the fee or an acceptable fee waiver is required. However, a fingerprint fee is required, regardless." Is the 14-year old not required to pay the $290 fee only if he/she is attaching the original Permanent Resident Card? If the applicant is filing more than 30 days after his/her 14th birthday, is the fee and the original card required to be attached to the filing? If yes, will the I-90 be rejected or will an RFE be issued to collect the original card? What should the individual do if the card is going to be required in the interim period for employment or travel (We assume that a 14 year old may have a paper route, or other part time or summer employment).
 A: No, the child does not need to submit the fee if just turning 14. Per the regulations, the child must file within 30 days of turning 14. If the card will expire prior to the 16th birthday, all fees are required, both renewal fee and biometrics. If the card will expire after 16th birthday, then only biometric fee should be submitted. The card does not need to be submitted with the I-90 if it will expire after the 16th birthday, a copy is sufficient, but the service center will issue an RFE, and the old card must then be submitted to get the new card.
 Note that I-90 forms are submitted through the Phoenix lock box.
 
 3. Re-Entry Permit (Biometrics): Can the biometrics on file from a recently approved adjustment application be used to issue a Re-Entry Permit? One member noted, as this question was raised, that a client was recently granted permanent resident status, and had to move suddenly overseas based upon a work assignment. She applied for the Re-Entry Permit, requested an expedited biometrics (which was granted) but she nevertheless missed the appointment, and is now looking at an expensive trip back to the States only for the biometrics. Since the identity of the individual was confirmed with the adjustment application and the Re-Entry Permit is issued to the same person, it seems reasonable to use the recently captured and existing biometrics for the Re-Entry Permit. Can you explain why you do not do this for the applicants?
 A: No, the biometrics are stored by receipt number. When the NSC creates the booklet, it uses the receipt number and the biometrics associated with that receipt number. ASC can input up to 3 receipt numbers when the biometrics are captured, but this can not be done at the Service Center. Hopefully, will be possible in the future, but not now.

EDIT: Immigration Express
Source: AILA
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