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ResourcesVisa & Immigration LawUS Immigration LawNew Biometric Rules for US Immigration?

New Biometric Rules for US Immigration?

Transcript of the above video: 

As the title of this video suggests, we are discussing Biometrics. It appears that the USCIS under the auspices of the Department of Homeland Security is attempting to change the rules and thereby broaden them to require Biometrics be done, it looks like in virtually anything associated with US Immigration, so any kind of visa application, and this is for all parties. I'm curious to see if they are going to do anything with regard to Attorneys. When I passed the Bar at least and went through all of that process, they did a bunch of Biometrics, took my fingerprints and things as part and parcel of being part of the State and Federal Bar so I don't know if they need anything else from me on that or they think they do. I have a real problem with this on a fundamental level, I just, I'm sorry. My lawyer's hat, I get it that especially when you are talking about people outside of the United States that want to come in, we want to know your information. That said, we are really at a level of intrusiveness here, that's Orwellian frankly. 

That said, credit where credit's due. I actually came upon the issue from being on YouTube myself and I saw Jim Hacking over on his channel did something on this. But that said, quoting directly from the Federal Register, that's federalregister.gov, under the title: Collection and use of Biometrics by US Citizenship and Immigration Services. SUMMARY: "The US Department of Homeland Security proposes to amend its regulations governing Biometrics use and collection. DHS proposes to require submission of Biometrics by any individual regardless of age, filing or associated with an immigration benefit request, other request, or collection of information, unless exempted." So they are saying anybody associated with a case, unless we exempt you. Now I don't know how that's going to work. Are Attorneys going to be automatically exempted? I would bet, just because of that, as I said, they have already got all our information; we are already tied through the Court System. But this stuff is pretty creepy though. Quoting further: "Expand Biometrics collection authority upon alien arrest; define "biometrics," codify reuse requirements, codify and expand DNA testing," - they want to do DNA testing associated with any kind of US Immigration benefit. I get into that in another video I'm making contemporaneously with this one, but yeah DNA is a biometric. - Quoting further: "Use and storage, establish an "extraordinary circumstances" standard to excuse a failure to appear at a biometric services appointment."

I immediately thought of this because we recently filed an I-129F for a K-1 Visa on behalf of a client, and they shot out one of these letters. I think it must be being automated even though this rule has not been passed; this has not become the law, I shouldn't say law, but this has not become an Administrative Rule associated with filing cases, so I don't know why they're doing it. But again I immediately sent back a message that said, "hey we just got this; this person isn't in the United States etc." and we had to deal with a number of things associated with it. But now it's got to be "extraordinary circumstances" to not go to a Biometrics appointment, where you the American citizen might be the petitioner. Why do they need Biometrics from an American citizen? Is that a constitutional requirement to just request a Visa for your, for example a fiancé or spouse to the United States? It seems onerous to say the least to me. I don't like any of this. That said, quoting further: "Modify how VAWA self-petitioners and T nonimmigrant status applicants demonstrate good moral character, and clarify biometrics collection purposes." How about just not collect these biometrics? 

You already get passports; you already get copies of people's birth certificates. You have every document you could possibly ever need. Now you need their fingerprints? Now you need their facial scans? Now you need their DNA? I mean really, this is just WOW. I mean it's so over the top I barely have enough words to really articulate it, but yeah this is Orwellian to say the least.

That being said, as I mentioned previously, I get into this in a more detailed analysis in another video I'm making contemporaneously with this one where I'm talking about it purely from the context of both Fiancé(e) and Marriage Visas. Those who are looking at trying to get Immigration benefits to the United States - especially if you are coming from Thailand, you're trying to bring a loved one from Thailand - it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.