Why I-751 Biometrics are Not Necessary: Insights from USCIS Guidelines
If you are a conditional permanent resident of the United States, one of the requirements for removing the conditions on your residency is filing an I-751 petition. This petition is meant to prove that your marriage was bona fide and not solely for the purpose of obtaining a green card.
Historically, USCIS has required biometrics as part of the I-751 process. However, recent USCIS guidelines state that for some cases, biometrics may not be necessary. This change in policy has left many people wondering whether they still need to provide biometrics.
In this article, we’ll examine the new guidelines and explain why biometrics may not be necessary in certain cases.
What are Biometrics?
Biometrics are essentially identification data collected to confirm one’s identity. They include fingerprints, photographs, and signatures, and are used by USCIS to determine if an individual has a criminal background or other issues that may affect their immigration status.
For I-751 petitions, biometrics are usually required in order to ensure that the person filing the petition is the same person who entered the United States on a visa or was otherwise authorized to be in the country. Biometrics are also used to identify anyone who may have a criminal record or other issues that could affect their immigration status.
When are Biometrics Not Necessary?
According to the new USCIS guidelines, biometrics may not be required for individuals who meet specific criteria. These criteria include:
– Individuals who have previously submitted biometrics to USCIS and those biometrics are still valid
– Individuals with a pending naturalization application
– Children who filed jointly with their parents and under 14 years of age
In addition, USCIS may waive biometrics for other reasons, such as lack of resources or a determination that biometrics are unnecessary for a specific case.
Why are Biometrics Not Necessary in Some Cases?
There are a few reasons why biometrics may not be necessary in some cases. For example, if someone has already submitted biometrics to USCIS as part of another immigration application, it may not be necessary to collect biometrics again.
In addition, if someone is already in the process of becoming a U.S. citizen, biometrics may not be necessary since they will be required to submit biometrics as part of the naturalization process.
Finally, for young children who are filing jointly with their parents, it may be unnecessary to collect biometrics since they do not have a criminal background or other issues that would affect their immigration status.
Conclusion
In summary, USCIS guidelines now state that biometrics may not be necessary in certain cases for I-751 petitions. These cases include those who have previously submitted biometrics, those with pending naturalization applications, and children filing jointly with their parents who are under 14 years of age. USCIS may also waive biometrics for other reasons as well. If you are unsure whether you need to provide biometrics for your I-751 petition, it’s best to consult with an immigration attorney or consult the USCIS website for the latest guidance.
