Obtaining a Fingerprint Appointment for your Asylum Client Frequently Asked Questions

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1 Obtaining a Fingerprint Appointment for your Asylum Client Frequently Asked Questions Q1. I just filed an affirmative asylum application for my client with U.S. Citizenship and Immigration Service ( USCIS ). Does my client need to be fingerprinted? A. An affirmative asylum applicant does need to be fingerprinted, but you do not need to take any action to obtain the fingerprint appointment. Shortly after receiving the receipt notice for the asylum application, you and/or your client will receive a fingerprint appointment notice in the mail. Your client must attend the fingerprint appointment and keep the stamped fingerprint notice. Bring this stamped notice to the asylum interview. Q2. My client is seeking asylum in proceedings before the immigration court. How do I get my client fingerprinted? Will the Department of Homeland Security ( DHS ) send my client a fingerprint appointment notice? A. When your client is in proceedings before the immigration court, you are responsible for requesting a fingerprint appointment for your client unless your client is detained 1. DHS will not send your client a fingerprint appointment notice unless you submit a request to the Nebraska Service Center. To request a fingerprint appointment, follow the instructions in Appendix D of the NIJC Asylum Manual. Once you file the fingerprint appointment request, you and/or your client should receive a receipt in the mail, and shortly thereafter, a fingerprint appointment notice. If you do not receive a fingerprint appointment notice 60 days before the merits hearing, follow the instructions in the answer to question 13. Q3. I just attended my client s Master Calendar hearing. At the end of the hearing, the immigration judge ( IJ ) gave me a form titled Instructions for Submitting Certain Applications in Immigration Court. What is this form? A. The Instructions for Submitting Certain Applications in Immigration Court form provides the instructions for obtaining a fingerprint appointment for your client. You should follow the instructions on the form to obtain a fingerprint appointment if your client filed her asylum application after April 1, Q4. For how long are my client s fingerprints valid? A. Fingerprints are valid for 15 months. 1 DHS will print detained asylum seekers without an attorney s request or assistance. Heartland Alliance for Human Needs & Human Rights National Immigrant Justice Center 208 S. LaSalle Street, Suite 1818, Chicago, Illinois ph: fax:

2 Q5. My client had her fingerprints taken right after her Master Calendar hearing. Does she need to get them taken again? A. Your client will need to get her fingerprints taken again if her fingerprints will be more than 15 months old on the date of the merits hearing. Q6. What happens if my client s fingerprints are not valid when she has her merits hearing? A. If your client s fingerprints are not valid on the date of the merits hearing, the IJ cannot issue a decision in your client s case. Often, when an applicant s fingerprints are not valid, the IJ will not even take any testimony and will continue the case to another date when the fingerprints are valid. If the IJ indicates that she wants to continue the case because fingerprints are not valid, but you are prepared to present your case that day, you should strongly assert your wish to go forward with the case despite the lack of fingerprints. PLEASE NOTE: the IJ could deny your client s case for abandonment if his fingerprints are not valid. Q7. Do my client s fingerprints need to be valid at all times? A. No. Your client s fingerprints only need to be valid on the date of the merits hearing. Q8. To make sure that my client s fingerprints are valid for the merits hearing, when should I file a request for a fingerprint appointment? A. You should file the fingerprint appointment request approximately six months before the date of your client s merits hearing. If you have not obtained a fingerprint appointment 60 days before the merits hearing, follow the instructions in the answer to question 13. Q9. I filed a fingerprint appointment request for my client with the Nebraska Service Center about two months ago and I have not received a receipt notice or any other correspondence from USCIS regarding the request. What should I do? A. If you have not received a fingerprint appointment from USCIS, you can try to call the USCIS customer services line at USCIS may tell you that they cannot help you or incorrectly instruct you to contact DHS or the asylum office (see below). However, USCIS may also provide you with a reference number for the call. If you have the reference number, you can the Nebraska Service Center (ncscfollowup.nsc@dhs.gov) directly to follow-up on your fingerprint request. Be sure to note the reference number in the subject line of your . If you do not receive a response to your within three weeks and your client s merits hearing is approaching, you should make contact the local USCIS office through an infopass appointment (see question 13 below). Be sure to document all of your attempts to obtain a fingerprint appointment for your client. 2

3 Q10. I filed a fingerprint appointment request for my client several months ago and I have not received an appointment yet. I called the USCIS Customer Service Center and they told me that DHS will issue a fingerprint appointment for my client if they need my client s fingerprints. Is this correct? A. This information is not correct. Often when attorneys call the USCIS Customer Service Center with a question about obtaining a fingerprint appointment for an asylum applicant, the Customer Service Center gives them incorrect information. Many of the USCIS employees at the Customer Service Center do not understand the fingerprinting procedure for asylum applicants who are in proceedings before the immigration court. DHS will not automatically issue a fingerprint appointment for your client if she is in immigration proceedings. DHS will only issue a fingerprint notice after you file a fingerprint appointment request. Q11. I filed a fingerprint appointment request for my client several months ago and I have not received an appointment yet. I called the USCIS Customer Service Center and they told me that I have to call the Asylum Office or the Immigration Court to get an appointment. Is this correct? A. This information is not correct. See the answer to question 10 above. Q12. My client is in immigration proceedings and I do not know when she last had her fingerprints taken. What should I do? A. The DHS Trial Attorney ( TA ) should be able to tell you when your client s fingerprints were taken. However, if in doubt, you should assume that your client s fingerprints have expired and request a fingerprint appointment by following the instructions listed above. Q13. My client s merits hearing is in one month and I forgot to file the fingerprint appointment request for him. What do I do? A. First, immediately file a fingerprint appointment request with the Nebraska Service Center. At the same time, request a fingerprint appointment from the local USCIS office at 101 W. Congress Parkway by (1) making an infopass appointment through USCIS s website, When you make the infopass appointment online, choose the need service on a case that has already been filed option and then case processing appointment. Then enter your client s information in response to every question except for the zip code. Enter your own zip code to ensure you receive an appointment at the local Chicago USCIS office. (2) When you go to the appointment, bring all of the documents that you filed with the Nebraska Service Center. When you speak with a USCIS office, inform the officer that the immigration judge instructed your client to obtain a fingerprint appointment. You may need to request to speak with a supervisor. USCIS should then issue a fingerprint appointment that you can provide to your client. If your client does not receive an 3

4 appointment before the merits hearing, you should make sure to bring a copy of the fingerprint request filing with you to the hearing. In addition, you should inform your client that the IJ will not be able to issue decision that day and that the IJ might continue the case without taking any testimony. You should also warn your client that the IJ could deny his case. Q14. How can I find out if my client s fingerprints have cleared prior to the merits hearing? A. You can find out if your client s fingerprints have cleared by calling the TA. Even if you think that your client s fingerprints should have cleared, NIJC recommends that you ask the TA anyways when you contact him or her to discuss the case a few days in advance of the merits hearing. If you have any additional questions, please contact Michelle Bezner at or mbezner@heartlandalliance.org. Heartland Alliance's National Immigrant Justice Center is a Chicago-based nongovernmental organization dedicated to ensuring human rights protections and access to justice for all immigrants, refugees and asylum seekers through a unique combination of direct services, policy 4

5 reform, impact litigation and public education. For more information visitwww.immigrantjustice.org. 5