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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?

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Attorney answers 4


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.


Your cousin needs to consult with an immigration attorney fast.

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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.


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.

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