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USCIS Updates Policy Guidance on the Biometrics Requirement for Naturalization

Effective July 26, 2017, USCIS will require every naturalization applicant to provide biometrics regardless of age, unless the applicant qualifies for a fingerprint waiver due to certain medical conditions.

IJ MUST give asylum applicants notice of Biometric appointment

In a precedent decision, the Board of Immigration Appeals (BIA) found that Immigration Judges (IJs) must notify asylum applicants of the biometrics requirements, the deadline for complying with the requirements, and the consequences of noncompliance. The BIA also held that neither IJs nor the BIA has jurisdiction to consider whether asylum-only proceedings were improvidently instituted pursuant to a referral under the Visa Waiver Program.

BIA Issues good case

Matter of D-M-C-P, 26 I&N Dec. 644 (BIA 2015)

(1) Neither an Immigration Judge nor the Board of Immigration Appeals has jurisdiction to consider whether asylum-only proceedings were improvidently instituted pursuant to a referral under the Visa Waiver Program.

(2) It is improper to deem an application for relief abandoned based on the applicant’s failure to comply with the biometrics filing requirement where the record does not reflect that the applicant received notification advisories concerning that requirement, was given a deadline for submitting the biometrics, and was advised of the consequences of his or her failure to comply.

CBP Announces Pilot Project Using Biometrics to Process Arriving Pedestrian Traffic in El Paso

CBP press release announcing a pilot project to launch in November, 2011, at the Paso Del Norte international crossing in El Paso, which will use biometrics to expedite the pedestrian entry process.

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