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ResourcesVisa & Immigration LawUS Immigration LawK-3, CR-1, and IR-1 Visas from Thailand: Biometrics Rule Rescinded

K-3, CR-1, and IR-1 Visas from Thailand: Biometrics Rule Rescinded

Transcript of the above video:

As the title of this video suggests, we are discussing the recently rescinded rule on biometrics. We are talking about it in the context of Marriage Visas from Thailand presumably where the vast bulk of our current case load is being processed although this can be viewed as kind of a more general video just on this recent change.

A recent announcement from uscis.gov, this is from the Department of Homeland Security, the announcement is: DHS Withdraws Proposed Biometric Rule. Quoting directly: "The Department of Homeland Security has withdrawn a proposed rule that would have expanded Department Authorities and requirements for collecting biometrics by removing age restrictions requiring submission of biometrics for every applicant, petitioner, sponsor, beneficiary or other individual filing for or associated with any Immigration or naturalization benefit or requests unless DHS waives or exempts the biometrics requirements codifying the authority to use DNA test results and authorizing the use of additional types of biometric modalities." 

So what is going on here? The prior Administration was trying to make rules to basically require a lot of different people to have to give things like fingerprints; facial recognition; even retinal scans associated with, again it says associated with, any Immigration or naturalization benefits. So this could be somebody even that was just acting as a joint sponsor and wasn't even the primary petitioner or a petitioner, an American petitioner that is looking to bring their spouse into the United States. They were required all sorts of fingerprints; facial scans; eye scans. It was in my opinion pretty over the top and it really begged the question is this really necessary. Also was it a particularly good use of what limited resources USCIS has? 

Look, Biometrics I do get it. There are certain things with Biometrics we see quite frequently. For example, there is Biometrics associated with getting a re-entry permit to the United States and I kind of get that. When you get a re-entry permit, it is like a little passport. They take biometrics from that person; I see the argument with respect to that but to do so on an affidavit of support associated with a CR-1 Visa seemed to me a bit over the top. Meanwhile the big question was going to be how are you going to deal with all of that out here at the Embassies? I just don't know and I don't know if it was intended to do that or simply intended to be done in the United States. For now at least we seem to have a reprieve from this. We will update you as the situation evolves.