Is Biometrics an issue in approval?

[seekerofpeace]

Dear Attorneys,
I wanted to clarify a doubt I am having regarding my case and my wife's. In a nutshell, I recently got the approval mail for my I-485 but the content was quite cryptic:

The above application as been approved. Prior to receiving your permanent resident card you may be required to report for biometrics processing (photo/fingerprint/signature). Please do not take any action at this time. If you are required to report for this processing you will receive another notice advising you of the date, time and location to appear.

If you have not received your permanent resident card or the above mentioned notice to appear for biometrics processing within 90 days, please call this office at the number listed below.

while my wife's case is still pending. We took an infopass to check about my wife's case who is a derivative on my application and the only thing I was told was that her case is with an IO at Texas.

My lawyer through AILA forum talked to officer at TSC and was told that she needs new biometrics done and they are issuing a request for biometrics appointment for her in 2 weeks.

We had our biometrics together and that was in Nov 2007. If biometrics validity is a concern, how come my application got approved and hers not. In the forums we have repeatedly seen applicants telling that their applications were approved without new biometrics and that biometrics do not hold an I-485 approval. Biometrics can be scheduled after approval like my notice says.

Now I am concerned, that having a new biometrics may invite another round of FBI namecheck and security clearance that will delay her approval indefinitely. LAst year our local congressman's office told us that our applications are preadjudicated and are ready to be adjudicated awaiting visa availability.

What are our options? How long should we wait from her FP appointment to get anything out of USCIS? We have seen in the forums where people are waiting for months after their 2nd FP to get approval, while many got physical green cards with just one FP. We do not want to miss the bus this time too.

Ours was a transfer case TSC-CSC-TSC...could that be an issue? Could it be a simple uploading issue in their system that can be done without another round of FPs?

Thanks in advance,

SoP

[seekerofpeace]

Still awaiting response...please respond.

Many Thanks,

SoP

[seekerofpeace]

Can anyone please suggest the needful.

Thanks,

SoP

[GCNOMAD]

Hi,

We got the same approval letter as yours. We (me and my wife) did the biometrics by Nov 2007. We got approved on Sep 3rd 2009. But the online status did not change for all 3 of us (Me, my wife and son). The approval letter said that biometrics may be needed. We called the CIS and they raised an SR to have the biometrics uploaded into their system. Later on 9/13, we got the CPO email for me and my wife. For my son its still the same status. Later when we called on 9/13, they said for my son(6 years old) biometrics not required for 14 years and below, but have to have the photographs taken. Yesterday we walked into the nearest ASC, explained the situation to the manager by showing the approval notice. He was very helpful and approved us to get the photos taken without the appointment letter. Today we called CIS again and updated on the latest. They opened an SR to have the photographs uploaded. We are hoping to see the CPO email for my son soon.

So thats a little background on my case. Since yours is very similar to mine, you can try and see if the above works for you.

One of the CR that we spoke to, mentioned that biometrics are valid only for 15 months in the system. Obivously the approvals take longer than that in most cases. So when the case is approved, some times it becomes necessary to open a SR to have the biometrics re-uploaded. Well, cant ask why !!!

All the best.

[seekerofpeace]

Thanks for your reply. But I already talked to the TSC CSR and he is telling that my Biometrics have expired and he ordered new ones to be taken...same for my wife...I mentioned that many of my friends didn't have to go thru another round of FP and they got physical cards...why not us...he said he can't talk about my friends.

Neither could they answer if Biometrics uploading does not stop approval how come I am approved and my wife is not.

Bottomline is it is a Russian Roulette....it is simply frustrating to wait.....don't know how long...

But I was looking for a legal advice what more I can do before the visas get exhausted and I am finally told to wait for visa availability and I am sure that day is coming soon.

Regards,

SoP