About the Author

  

Nisha V. Fontaine

Attorney-at-Law

Serotte Reich Wilson, LLP

300 Delaware Avenue

Buffalo, New York 14202

Ph: 716-854-7525

Email: Nfontaine@srwlawyers.com

 

 

 

 

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Thursday
May052016

USCIS May Allow Re-Entry Biometrics Appt. Abroad at USCIS Intl. Office for "Rare and Compelling" Circumstances

Recently, USCIS confirmed that while re-entry permit application biometrics appointments are to be completed in the U.S., they may be completed at a local USCIS International Office in 'rare and compelling' circumstances. There is no concrete rule about what may qualify as 'rare and compelling' circumstances and determinations will be made on a case-by-case basis.

To request the biometrics appt. abroad at a USCIS International Office, the applicant must establish that there were extenuating circumstances that required them to depart the U.S. before completing their biometrics appt. in the U.S.  They must also demonstrate that they requested to either expedite or reschedule the biometrics appointment in the U.S. before their departure or provide an explanation for their failure to do so.   Notably, wanting to avoid the expense of traveling back to the U.S. would not be considered 'extenuating' circumstances.  

How would an applicant request the biometrics appt?  The applicant can email the relevant USCIS International Office to request the biometrics appointment and explain why their circumstances are rare and extenuating.  Ideally, an applicant would include a copy of the Re-Entry Permit Receipt Notice, a letter with the explanation as to why they had to quickly depart/are unable to go back to the U.S. in a timely manner to complete the biometrics, etc.   I would also include evidence about the applicant's legal ability to reside in the country in which they are seeking the biometrics appointment.  

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