Skip to main content

Do you need to get biometrics at EOIR before a cancellation of removal hearing OR at any regular agency?

Palatine, IL |

My cousin was just released from jail and given a notice of removal hearing date in 2 weeks. He's filing for cancellation of removal and it asks for biometrics. How do I get the biometrics done if he has so little time to get an appointment from EOIR? Is it better to get biometrics done at another private agency before the hearing?

Attorney Answers 4

Posted

Form EOIR-42B has to be filed with the court, but also with USCIS, and biometrics are taken by USCIS. When your cousin mails in a copy of his Form EOIR-42B with the $185 fees to the Texas Service Center, he will receive a biometrics appointment notice in the mail ($85 of the $185 is for biometrics). He must then go to that appointment. As far as the timing of this, it really depends on a number of details that are missing from your question, but if he just got out of jail, I suspect that his upcoming hearing is a "master hearing" and not an "individual hearing" - meaning that it's for scheduling the case and not for deciding the application (it should say on the hearing notice whether it's a master hearing or an individual hearing). He will need to submit biometrics before his final hearing when the application will be decided, but if it's only a "master hearing" then he does not have to have them done yet. As I mentioned, what happens next depends on a number of details (for example, whether he got out of local or immigration custody, and whether he has already had any immigration hearings), and I suggest you contact an attorney directly for more specific information. Good luck to him!

The information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.

Mark as helpful

2 lawyers agree

Posted

Your cousin needs to consult with an immigration attorney fast.

Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.

Mark as helpful

1 lawyer agrees

Posted

He should definitely retain an attorney to help him with this. You did not say whether your cousin is a green card holder or not, or why is was in jail and if there was a conviction.

Mark as helpful

2 lawyers agree

Posted

The most legally appropriate way is to schedule an immediate infopass online and request the biometrics appointment at the USCIS facility upon presenting the Notice to Appear in removal proceedings with the court date.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

Mark as helpful

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics