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What Form Do I Need to Complete when Renewing My EAD?

An Employment Authorization Document (EAD) is issued to H4 visa holders who are legal dependent spouses of an H1B visa holder. It makes the holders eligible to work once they come to the United States. The EAD comes with an expiration date, after which you can no longer be eligible to work unless you extend its validity.

When applying for a H4 EAD, you must fill out Form I-765 and submit the relevant documents. When applying for your EAD renewal, you will submit Form I-539 and package the application with the necessary supporting documents. Immigration Law Attorneys in Houston provide an overview of what you need to know for a favorable outcome.

When Should I File My H4 and H4 EAD Renewals?

EADs are usually valid for one to two years, but variations exist depending on specific categories. According to instructions issued on the USCIS website, you can’t file for an EAD renewal more than 6 months before your original EAD expires. Unfortunately, processing times are between eight and a half months to one year.

If you can’t file more than six months in advance but processing time may take more than six months, you may experience an employment authorization gap. Additionally, if you’re concurrently filing an extension of your H4, the processing time can extend to 19 months, as the EAD renewal depends on the H4 approval.

If you’re in a dilemma or experiencing employment authorization challenges, consult skilled Immigration Law Attorneys in Houston. They can help you navigate this challenge. One way is to file Forms I-539, I-765, and I-129 concurrently. Generally, your EAD renewal request should not be denied because you filed more than 6 months in advance.

What Is the 180-Day Extension Rule for EAD Renewal?

In May 2022, the USCIS announced that it would implement a temporary rule to increase the automatic EAD extension period to up to 540 days. The extension would be available for certain EAD renewal applicants. However, the automatic extension reverted to the original 180-day period beginning October 27, 2023. All previous 540-day automatic extensions remained in place.

If you are an EAD renewal applicant who has filed Form I-765 (Application for Employment Authorization), you may be eligible for an automatic 180-day extension of your expiring authorization and EAD while your application is pending. However, you must meet the following conditions to qualify:

• You must properly file Form I-765 for EAD renewal before the expiry of the current one
• You must qualify for a renewal, meaning your renewal application is under a category eligible for automatic extension.
• The category on your current EAD should also match the category requested on Form 1-797C

How Can I Prove Automatic Extension?

Your Form I-797C receipt notice serves as proof of the automatic extension of EAD or its validity. The Notice refers to the 180-day extension and must be accompanied by your qualifying EAD and unexpired Form I-94 if you’re an H4 dependent spouse.

Houston employment authorization attorneys advise that your automatic extension period may terminate before the maximum period. This can happen automatically if the USCIS issues a denial of your Form I-765 renewal application or upon Notice. For guidance on completing Form 1-94 for automatic extensions and EAD processing, Houston immigration attorneys can help.

What Documents Should I Submit with My EAD Renewal Application?

The USCIS is often overwhelmed with the number of applications the officers have to handle on any given day. As much as possible, you want to ensure you’ve gathered all the necessary documents before filing your application. Employment authorization lawyers in Houston highlight the following list of crucial documents:

• Copies of your Form I-94, non-immigrant arrival or departure notice
• Copies of both sides of your existing EAD card
• Two passport-sized photos, which must be recently taken within the last 30 days of your application
• ID document issued by the government
• Proof of valid immigration status, which is a copy of your most recent I-797 Approval
• Receipt for EAD renewal fee
• Form G1145 e-Notification

Ensure you follow the instructions carefully when filing for the renewal of your EAD, as that might go a long way in reducing the time it takes to process it.

What is the Process of Applying for EAD Renewal?

The steps for filing your EAD renewal application are generally as follows:

• Filling out Form I-765
• Paying the filing fee
• Filing fee waiver if you’re eligible, especially due to economic or medical reasons
• Submitting the completed form and the supporting documents
• Waiting for the USCIS to process your application, which could take up to 90 days from the submission date

The 90-day processing period is not guaranteed, and it could be longer or shorter, depending on various factors, such as the USCIS workload. You can check for updates on the progress of your application by visiting the USCIS website and using the number on your Notice of receipt to check the status. Houston Immigration Law Attorneys can help if you encounter any challenges.

A Skilled Immigration Lawyer Helping You Navigate EAD Application and Renewal

The H4 EAD enables you to work in the United States if you’re a spouse or dependent of an H1B visa holder. You may not be able to work upon its expiration, which can create an employment gap. Houston Immigration Law Attorneys recommend starting the renewal process as early as possible, ideally 180 days before its expiry. That leaves ample time for the processing.

At the Law Office of Shelle-Ann Simon, PLLC, we have dedicated employment authorization lawyers who can help you navigate the changing tides of the immigration system. Whatever type of visa you want to apply for or renew, you don’t have to figure it all alone. Call us at 281-606-0800 to schedule a case evaluation.

For immigration purposes in the United States, a valid marriage is necessary to legalize unlawful presence or status, obtain a family-based visa or work authorization, or seek various waivers. It can also protect you against deportation. One type of marriage of interest to the USCIS is first-cousin marriage.

Marriages between cousins are considered valid when performed in the state where the couple lives or plans to live. A marriage between first cousins that doesn’t meet these conditions will be deemed void by the immigration services.

Consult skilled immigration law attorneys in Houston for further guidance on what to expect if you’re in such a marriage.

What does the USCIS consider in marriages between first cousins?

US immigration services seek to establish if a cousin-to-cousin marriage is or was valid at the location where it took place. If it happened in a country where such marriages are allowed, it would pass the first test of being legal. It would also be valid if it occurred in a state in the US.

However, marriage-based immigration lawyers in Houston explain that the marriage must also be valid where the couple lives or intends to live in the US. The validity of first-cousin marriages depends on state, not federal law. If you’re navigating this process, understanding family preference vs. immediate relative classifications can also clarify your options.

If the marriage is recognized and leads to an approved petition, you may also want to understand the green card through marriage requirements that apply to your specific situation.

What are some state provisions for first cousin marriages?

Under current state law, in states like Texas and Oklahoma, first-cousin marriages are considered criminal and therefore illegal. On the contrary, Alabama, California, and Vermont are some of the states in the United States with no prohibitions against first-cousin marriages. Nonetheless, some states that recognize these marriages may have strict restrictions.

For example, while the states of Arizona, Indiana, Illinois, and Utah have legalized first-cousin marital union, either spouse must be infertile, or both spouses must be over 50 or 65 in some states. In Maine, first-cousin marriage is only legalized between couples who can provide proof of genetic counseling from a genetic counselor. These provisions reflect current state statutes and may be subject to change.

Does Texas recognize cousin marriages from other states?

While some states ban marriage between cousins, they don’t have a problem recognizing such marriages if they happen elsewhere. Texas is not one of those states, as evidenced in an immigration case in 2012.

Two first cousins wanted to relocate to and settle in Texas after getting married in Indiana, but the US immigration officials required them to show that Texas would legally recognize the marriage. No support was forthcoming from the Texas Attorney General. The case highlights the differences between public policy in conservative and less conservative states.

What types of cousin-to-cousin marriages are not valid in the United States?

Marriage-based immigration lawyers explain that applicants of marriage-based immigration visas must establish the validity of their union. The applicant carries the burden of proving that the marriage between them and their US citizen spouse is valid for the required time. In most cases, a marriage certificate is the primary evidence that the marriage was performed legally.

The USCIS doesn’t recognize the following relationships as valid marriages, even if they are legal where they were celebrated:

• Polygamous marriages
• Marriages that violate the firm public policy of the state where the couple resides, such as underage marriages between cousins
• Unions where one party was absent during the marriage ceremony and the marriage has not been consummated yet
• Civil unions or domestic partnerships that are not recognized as legal marriages in the place where they were celebrated
• Relationships entered to evade US immigration laws

Understanding how long the I-130 process takes can help you plan ahead once you’ve confirmed your marriage is recognized under the laws of your state of residence.

Is first-cousin marriage between two persons of the same sex valid?

The Supreme Court ruled that Section 3 of the Defense of Marriage Act was unconstitutional in June 2013. The section had confined the terms marriage and spouse to opposite-sex marriages in relation to all federal laws. The law now recognizes same-sex marriages as valid based on the place-of-celebration rule in the same way it determines the validity of opposite-sex marriages.

Therefore, if you’re in a same-sex cousin-cousin marriage, the USCIS officials will review the jurisdiction where the marriage happened to determine its validity. Unless the marriage falls into the categories not recognized as valid, the legal validity of same-sex marriage between cousins is determined exclusively by the law of the jurisdiction where it took place.

However, if you reside in a jurisdiction different from the one where you celebrated the marriage and the jurisdiction doesn’t recognize cousin-to-cousin same-sex marriage, the agency will overlook the laws and policies of that state on same-sex marriages. They will not affect the USCIS’s decision to recognize your marriage as valid.

First-cousin marriage cases can be complex, particularly when crossing state lines or involving immigration proceedings. If you’re uncertain about whether your marriage qualifies for immigration purposes, speaking with a marriage-based immigration attorney can help you assess your specific circumstances and what documentation you’ll need to move forward.

Frequently asked questions about first cousin marriage and US immigration

Is it against the law to marry your first cousin in the United States?

It depends on the state. About half of US states prohibit first-cousin marriage, and some (like Texas and Oklahoma) classify it as a criminal offense. Others, such as Alabama, California, and Vermont, have no restrictions. For immigration purposes, USCIS evaluates the laws of both the state where the marriage took place and the state where the couple intends to live.

Can my first cousin sponsor me for immigration in the USA?

No. Under US immigration law, a first cousin cannot sponsor you for a visa or green card as a family member. Only certain close relatives qualify as petitioners, including spouses, parents, children, and siblings of US citizens or lawful permanent residents. First cousins fall outside these eligible categories.

Where are first cousin marriages legally prohibited in the US?

Under current law, states that prohibit first-cousin marriage include Texas, Oklahoma, Michigan, and several others. Some states allow it only under specific conditions, such as when one spouse is infertile or both are above a certain age. Since state laws can change, it is advisable to verify the current rules in your state of residence before proceeding.

What happens if my cousin marriage is legal in my home country but not in my US state?

USCIS applies the place-of-celebration rule when assessing marriage validity, but also requires that the marriage be recognized in the state where the couple plans to live. If your state of residence does not recognize the marriage, USCIS may consider it invalid for immigration purposes, even if it was legally performed abroad. This is why the couple’s intended state of residence matters significantly in these cases.

When a USCIS approval notice is not received, it can leave you without proof of your immigration status, block license renewals, and prevent you from crossing borders.

We’ve seen this happen to applicants who had no issues with previous mailings. Under current practice, USCIS delivers approval notices through USPS, and mail does get lost — a situation commonly called USCIS missing mail. Below we outline every option available to you.

What a USCIS approval notice not received means for your case

An Approval Notice (Form I-797) is the official document USCIS mails to confirm that a petition or application has been approved. Without it, you may face real consequences, including:

• No proof of your current immigration status
• Inability to renew a driver’s license or state ID
• Problems at ports of entry or border crossings
• Delays in employment authorization or dependent filings

As of today, USCIS does not send email confirmations of approval notices — the physical document is the record. Acting quickly when mail goes missing is essential.

Step 1: Track your mail through USPS

Start by tracking your document through the USPS tracking system. USCIS typically sends approval notices with tracking, so check your receipt number confirmation email for a USPS tracking number. If tracking shows the package was delivered but you never received it, file a missing mail request through the USPS Find Missing Mail tool.

Start this process as soon as you believe the mail is missing. Delays reduce the chance of recovery, and USCIS expects petitioners to take reasonable steps before requesting a reissue.

Step 2: Contact USCIS directly

If tracking doesn’t resolve the issue, contact USCIS by phone or through their virtual assistant, Emma, at the agency’s official website. USCIS officers will only speak with you or your authorized representative. To request a new copy of the Approval Notice, have the following ready:

• Your full name and date of birth
• Your current mailing address (file Form AR-11 first if your address has changed)
• Your receipt number (begins with SRC, WAC, EAC, or similar)
• The date you filed the case
• Your email address
• The specific item not received: Approval Notice

Under current USCIS policy, if their records show the notice was mailed and not returned, they may decline to send another copy by phone request alone. In that case, the next step is the USCIS e-Request tool.

Step 3: Submit a USCIS e-Request

The USCIS e-Request platform is designed specifically for cases involving notices outside standard processing time, or documents that were not received by mail. Once on the platform, select the “did not receive notice by mail” option and follow the prompts. You or your authorized representative can submit this request.

Keep in mind that submitting an e-Request does not guarantee USCIS will mail another copy. If their system shows the original notice was sent and not returned, the agency may still deny the request. In that situation, Form I-824 becomes your most reliable path forward.

Step 4: File Form I-824 as a last resort

Form I-824 (Application for Action on an Approved Application or Petition) is available on the USCIS website. As of today, it carries a filing fee of $465 and comes with extended processing times. We recommend it only after the options above have been exhausted.

USCIS prohibits filing Form I-824 in the following situations:

• You have already obtained lawful permanent residence
• The petition or application was denied, withdrawn, terminated, or revoked
• You need a correction of an error on a previously approved petition
• You need a copy of approved Form I-485 or Form N-400
• You need a duplicate approval for an immigrant visa petition naming dependents
• You need information about an employment-based or non-immigrant petition

If any of the above applies to your case, a FOIA request (below) may be the more appropriate route.

Alternative: Request your file through FOIA

If Form I-824 is not available to you, you can file a Freedom of Information Act (FOIA) request with USCIS. This allows you to obtain the documents in your file — including copies of submitted forms like the I-129 — stamped with approval details. The stamped documents can serve as evidence of your immigration status while you pursue a formal copy.

We strongly recommend working with our an immigration lawyer when preparing a FOIA request, as the way you frame the request affects what USCIS releases and how quickly they respond.

Once you receive any official notice or document back from USCIS, you can also check your USCIS case status online to confirm the current standing of your case and any next steps.

What to do while you wait

While any of the above requests are pending, document every step you take. Keep records of USPS tracking attempts, USCIS call logs, e-Request confirmation numbers, and any correspondence. These records become important if your case is questioned or if a benefit hinges on proving timely approval.

If you need to cross a border, renew a license, or apply for a benefit while the notice is missing, contact our immigration attorneys before taking any action. There may be interim options available depending on your specific case and current immigration status.

If your USCIS approval notice is missing and you are unsure which step to take next, our immigration attorneys can review your case and guide you through the process — from tracking the mail to filing Form I-824 if necessary.

Frequently asked questions about missing USCIS approval notices

How long should I wait when my USCIS approval notice is not received?

Under current USCIS guidance, you should wait at least 30 days from the date USCIS says they mailed the notice before filing a formal inquiry. However, if your USPS tracking shows the package was marked delivered and you never received it, you can act sooner by starting a missing mail search with USPS and contacting USCIS directly.

We’ve seen cases where notices were delayed well beyond the standard window due to address mismatches or USPS processing delays. Acting within the first two to four weeks after the expected delivery date puts you in the best position to recover the document quickly.

Can I still work or travel while my USCIS approval notice is missing?

It depends on the type of approval and what benefit it grants. In general, USCIS does not consider an approval notice to be the sole record of your immigration status — other documents in your file may support your eligibility. That said, crossing borders or renewing employment authorization without the physical notice can create complications at ports of entry or with employers.

We strongly recommend consulting our immigration attorneys before making any travel or employment decisions while your approval notice is missing. The safest path forward varies significantly based on the type of petition involved and your current immigration status.

Does a USCIS approval notice not received mean my case was not approved?

Not necessarily. A notice going missing in the mail is a logistical problem, not a legal one. USCIS keeps records of every approval decision, and you can verify the status of your case by checking your receipt number through the official USCIS Case Status Online tool or by calling the USCIS Contact Center at 1-800-375-5283.

If your case status shows “approved” in the system but you never received the physical notice, follow the steps in this guide to request a reissue. We’ve helped many clients recover missing notices without any negative impact on their underlying immigration case or status.

What is the difference between calling USCIS and filing an e-Request for a missing notice?

Calling USCIS connects you with a live officer who can note your inquiry and, in some situations, flag the case for reissuance. However, phone calls do not create a formal paper trail on your USCIS record. An e-Request, on the other hand, is logged in USCIS’s system and creates a documented record that the agency received and processed your inquiry.

In our experience, e-Requests tend to produce more consistent outcomes for missing notice situations because there is an official record of your request. We recommend trying the phone call first for speed, then following up with an e-Request if the issue is not resolved within two to three business days.

When trying to become a United States citizen, there are many possible outcomes during the process. The most favorable outcome is a smooth application process that results in you gaining United States citizenship, while on the opposite end is an outright denial of your application.

However, other outcomes between these two extremes may occur. The agency processing your application may submit a request for additional evidence (RFE). They may also deliver a notice of intent to deny (NOID).

It is important to remember that neither an RFE nor a NOID are official denials. They both offer you one last chance to cooperate with the United States Citizenship and Immigration Services (USCIS) to have your citizenship application approved.

What is an RFE?

While not the topic of this post, it is essential to learn the differences between an RFE and a NOID.

Generally, an RFE, or request for additional evidence, is less severe than a NOID. It simply means that the agency needs more information regarding your particular case. Some of the reasons a person may receive an RFE may include:

• Missing evidence, such as a marriage license or birth certificate.
• Not enough financial income from a supporting or sponsoring spouse.
• No proof of legal entry.

If you receive an RFE, you have within 90 days to respond and supply the needed evidence.

What is a NOID?

A notice of intent to deny, or NOID, is seen as more severe than an RFE. While an RFE assumes the agency will accept your application to become a citizen with the help of added evidence, a NOID assumes the agency will deny your application.

If the USCIS does not have enough evidence to approve your application but is also lacking enough evidence to deny it, you may receive a NOID. While a NOID is not an official denial, and you still have the opportunity to fight it, it is the USCIS informing you that your application will likely be denied, even with further action by you.

A few reasons someone receives a notice of intent to deny may include the following:

• You have insufficient proof of a valid marriage.
• The USCIS believes that the documents you provided are suspicious or even fake.
• The USCIS can not find evidence of your sponsor.

A NOID has a far more strict timeline. You only have 30 days to fight a notice of intent to deny. Even if you already suspected that your application may be denied,the 30-day timeline will require organization and experience to ensure your citizenship.

What Should I do if I Receive a NOID?

It is important not to panic if you have received a notice of intent to deny. You will want to start working immediately to get the most out of your 30-day period, and it may be hard for a panicked mind to concentrate on the activity at hand.

It is vital for you to read and fully understand the NOID. Read and re-read the NOID to determine what the USCIS needs from you or why they intend to deny your application. Make sure all of your information on the NOID is accurate.

It is important to remind yourself that a NOID is not an outright denial. You still have time to defend yourself and fight for your United States citizenship, so do not give up hope.

It is important to figure out why the USCIS has given you a notice of intent to deny. Check your initial application and make sure the information is correct. Compare the information supplied by the NOID with your application to see why the USCIS may be ready to deny your application. Check for mistakes by you or any potential errors USCIS has made.

You will want to immediately start collecting the missing documents or information outlined in the notice of intent to deny. Some court documents, such as birth and death certificates or marriage license, can take an extended time to acquire. Thirty (30) days will fly by, and you do not want to miss your window of opportunity.

It is important to respond to USCIS before your deadline. Even if you do not have all of the necessary documents or information prepared, responding with what you do have before the deadline is up is better than not responding at all. If you fail to send your additional information and documents to USCIS within your 30-day time frame, your evidence will be ignored, and your application will be denied.

Proving Marriage for a NOID

NOIDs are most common for marriage visa applications. If the USCIS does not believe that your marriage is genuine or that marriage is being used to circumnavigate immigration laws, you could receive a NOID.

Documents you can use to help confirm your marriage in the face of a NOID may include but are not limited to:

• Evidence of joint ownership of property between you and your spouse.
• Birth certificates for children of your spouse.
• A lease showing that you and your spouse share a residence.

Do I Need a Lawyer?

If you have received a NOID, you may be wondering if you need an attorney or if an attorney would even be beneficial. It is a good idea to contact an attorney as soon as you receive a NOID. An experienced immigration lawyer, such as Shelle-Ann Simon at the Law Office of Shelle-Ann Simon, PLLC, can help you organize and maximize your 30-day response period. They can help you find the necessary evidence to help increase your odds of avoiding a denial.

Call the Law Office of Shelle-Ann Simon, PLLC, at 281-606-0800 as soon as possible to schedule a free case evaluation. You can also fill out the contact form here.

Did you know there are different kinds of visas and different kinds of green cards?

These terms tend to be thrown around as blanket terms to describe forms of United States residency for immigrants. If you are planning to visit the United States, you may be wondering if you need a visa or a green card. If you’re planning to live in the United States, you may be wondering if your visa is all you need or if a green card is necessary.

So, what exactly is the difference between a visa and a green card? Which one do you need for your particular case? And if all visas and green cards are not the same, which one do you need? Well, we are here to help!

What is a Visa?

There are two broad categories of visas.

• Nonimmigrant visas are for temporary visits by foreign nationals to the United States.
• Immigrant visas are for foreign nationals who intend to live permanently within the United States.

A citizen of a foreign country must first obtain a visa before they can enter the United States. Visas are placed in a traveler’s passport, which is issued by their country of citizenship.

Different Types of Nonimmigrant Visas

There are many different kinds of nonimmigrant visas, each with its own purpose for temporary travel in the United States.

Some of the more common visas include, but are not limited to:

• Business and tourist visas- A foreign national who intends to enter the United States for business, tourism, or a mix of both would need a Business/ Tourism visa.
• Temporary work visa- A foreign national who intends to enter the United States to work will need a temporary work visa. A temporary work visa differs from a business visa because the foreign national intends to work for a United States business. For a work visa, your prospective employer may be required to obtain a labor certification or other approval from the Department of Labor on your behalf. Work visas range from agriculture labor and medical workers to religious workers. Carefully consider your trade if you need to apply for a work visa.
• Student visa- Student visas are for foreign nationals who seek temporary residency in the United States in order to pursue an education. Student visas are not limited to just college attendees and exist for elementary schools, high schools, and seminaries. Students can not travel on a visa waiver program or with a visitor visa.

Different Types of Immigrant Visas

Immigrant visas can start the process of becoming a permanent resident, otherwise known as a green card holder. It is important to remember that an immigrant visa is not a green card and you will still need to go through the green card process, even if you have been granted an immigrant visa.

Some of the more common immigrant visas may include but are not limited to:

• Spouse of a U.S. citizen- This is the visa you would pursue if your spouse is a United States citizen. In this process, your spouse becomes your sponsor, accepting responsibility for you. This process is lengthy and can come with many expenses related to the process. There are many requirements your U.S. sponsor must meet.
• Employment-based- Every year, about 140,000 employment-based visas are made available to qualified applicants. There are several categories of employment-based visas. Perhaps you possess extraordinary skills and abilities, or you have an advanced degree. These visas, like a work visa, may need an employment-based sponsor. Also, keep in mind your spouse and your minor, unmarried children may also apply for an immigrant visa with you.
• Intercountry adoption- This is a visa that probably more American citizens worry about, rather than foreign nationals. This visa is necessary when adopting a child from a country other than your own and bringing them back to live in the United States permanently with you and your family.

Do I Always Need a Visa?

For the most part, any foreign national who intends to visit the United States will need a visa. Some exceptions include the Visa Waiver Program (VWP), which permits citizens of 41 countries to travel to the US for business or tourism for stays of up to 90 days without a visa.

Also, citizens of Canada and Bermuda do not need a visa to visit the United States for up to 180 days.

What is a Green Card?

A green card, also known as a permanent resident card, means you are and intend to remain a permanent resident of the United States. A green card is often the first step in becoming a United States citizen.

While there is not as much variance in green cards as there is in visas, there are still a few different categories. Some include:

• Family-based green card- This would be the green card you would be eligible for if you are the spouse of a U.S. citizen, the unmarried minor child of a U.S. citizen, or the parent of a U.S. citizen who is at least 21 years old.
• Refugee or asylee green card- If you were granted asylum status or refugee status at least one year ago, you can apply for a refugee or asylee green card.

Which One Do I Need?

If you are having trouble making sense of all this information, the best thing to do is consult an immigration attorney. Call the Law Office of Shelle-Ann Simon, PLLC, at 281-606-0800. A good immigration lawyer will help you navigate the complicated applications and prerequisites you need to get your visa or green card.

This may be alarming, but there is nothing to be worried about. In this blog, we will go over what a biometric screening entails and what you should expect during your screening.

What is Biometric Screening?

You may have already jumped through numerous hoops in your journey to become a United States Citizen. Do not be alarmed if the United States Citizenship and Immigration Services schedules you for a biometric screening.

A biometric screening, or biometric collection, is the process of collecting biometric data from you. You may be asking yourself what biometric data is. According to Homeland Security, biometric data consist of unique physical characteristics. This can include fingerprints, hand shape, voice recordings, and photos of the face, eyes, and face shape.

Biological biometrics can also be collected, such as saliva, blood, and urine, which all contain DNA.

What is the Purpose of Biometric Data?

USCIS uses biometric data for a number of reasons. Biometric data can be used to confirm your identity as well as to create a secure way to access documents. Biometrics are also used to ensure you have not had your biometric data collected before, such as from the scene of a crime or after an arrest.

Biometric data is essential for ensuring the security of the United States and the people within, including you.

Where Do I Go For a Biometric Screening?

Biometric screenings are held at USCIS-authorized Application Support Centers, also known as ACS. It is important to remember that an ACS is not the same as the USCIS official office. The ACS staff will not be able to answer any questions regarding your application process. The professionals working at these support centers cannot access your case files.

What Should I Bring to my Screening?

You should bring your photo identification, such as a driver’s license or passport, with you to your biometric screening, as well as a copy of your USCIS biometric screening appointment notice. You won’t be able to bring things like your phone or other photographic or video devices with you to your screening, nor will you be able to bring food or drink.

Be sure to read your biometric screening notice. Your notice will go into detail on what exactly you need to bring with you, as well as what you can expect during your appointment.

While you do not need an immigration attorney for the biometric screening process, it is a good idea to have an experienced immigration lawyer while navigating the citizenship application process.

What Should I Expect From My Biometric Screening?

A biometric screening only takes roughly twenty minutes, not including wait time. When you arrive at your appointment, you may be given a number to represent your place in line. Listen for the announcer to call your number. You may be asked to fill out a form while you wait. An ASC employee will be able to help you if you require any assistance.

During the screening, a technician will collect your biometric data. This is most often your fingerprints, a picture of your face, and your signature, which will be saved as a digital capture.

What Will Happen After My Screening?

When you complete your biometrics appointment, you will be given a stamp on your appointment notice. This is confirmation that you attended your appointment. It is vital that you file this document away for safekeeping. A circumstance may arise where USCIS cannot find a record of your attending your screening.

Your fingerprints will be sent to the Federal Bureau of Investigation (FBI) for review. The FBI checks your fingerprints against a database that has access to police records, as well as USCIS.

The FBI will confirm your identity with USCIS. The FBI will also report any crimes or immigration violations to USCIS after the screening.

Beware, if the FBI or USCIS finds violations on your record, it may make you inadmissible or even deportable.

What if I Have a Criminal Record?

Not all crimes will result in you becoming ineligible for immigration. If the FBI or USCIS discovers your criminal record, it can seriously hinder your application process or result in an outright denial.

Do I Need an Attorney?

While an attorney is not necessary for biometric screening, nor will they be able to alter the outcome of the screening, it is still a good idea to have an experienced immigration attorney to represent you throughout the citizenship application process. Having a compassionate immigration lawyer, like the lawyers found at the Law Office of Shelle-Ann Simon, PLLC, can help you throughout the process.

Although an attorney will not be able to sway the outcome of your biometric screening, they will be able to help you find out if your record is clean. They can have you fingerprinted and have your prints analyzed. This way, you can rest easy knowing nothing will come back negative on your record, or, if you do have a criminal record, you won’t be walking into your USCIS interview blind.

Call the Law Office of Shelle-Ann Simon, PLLC, at 281-606-0800 to schedule your no-obligation case evaluation. You can also use our online contact form to schedule your case evaluation.