Q: Biometrics for Petitioner prior to NOA-2 ?

[Darnell_Two]

I've been noticing a 'thing' occuring with some folk at an immigration portal -

The USC is being required to go to an ASC, get some ADIT / biometrics done prior to NOA-2.

Happened on I-130 and I-129f, both.
This was for fiance petition and spousal petition, where the petitioner is a US Citizen.

I remember reading last year WHY this was done - ie - if convicted felon or if pedophile - from a combination of Adam Walsh Act and IMBRA -- but ...

can SOMEONE POINT ME TO THE regs or the EXACT sections that make 'this' a requirement, now?

Thanks in advance !

[Darnell_Two]

I've been noticing a 'thing' occuring with some folk at an immigration portal -

The USC is being required to go to an ASC, get some ADIT / biometrics done prior to NOA-2.

Happened on I-130 and I-129f, both.
This was for fiance petition and spousal petition, where the petitioner is a US Citizen.

I remember reading last year WHY this was done - ie - if convicted felon or if pedophile - from a combination of Adam Walsh Act and IMBRA -- but ...

can SOMEONE POINT ME TO THE regs or the EXACT sections that make 'this' a requirement, now?

Thanks in advance !

[federale86]

USCs don't give biometrics. Only aliens do.

[Darnell_Two]

Fed - I'm terribly sorry - but - it's been happening a bit.

So far, from what I've been tracking, it's occuring between NOA-1 and NOA-2 timeticks on I-130 and I-129F petitions.

Near as I can tell, the petitioners (USCs) were called in to provide biometrics because of prior felony convictions OR entry/existence in national pedophile database.

I'm not questioning the occurrence- it's already happening.

I'm asking about WHICH section of WHICH regs cover this?

Thanks for replying, though.

[Brit4064]

I do know that the USC is background checked when they apply for a K1 visa. Never heard about them having to go into an ASC to give fingerprints though.

As I understand it, if the namecheck reveals a prior conviction for a se-x crime or domestic violence (per IMBRA and Adam Walsh laws) then a letter is sent to the fiance in the home country detailing the offense(s). It's up to them if they wish to continue the relationship.

I applied for a K1 visa last year after having gotten my US Citizenship and wasn't asked to redo any fingerprints. Of course they already had mine so they could have re-run them anyway. K1 was successful BTW and she's now here as my wife

[Aroha]

From what I understood, it was only when a marriage broker was used that background checks etc were required, as per IMBRA.

[Darnell_Two]

So - can anyone cite the Regs about 'why' it happens? I know the large source, ya? Somewhere in Adam Walsh and IMBRA, but WHERE, specifically?

Thanks in advance !

[Brit4064]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Aroha:
From what I understood, it was only when a marriage broker was used that background checks etc were required, as per IMBRA. </div></BLOCKQUOTE>

Yes that is correct.

[Darnell_Two]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">So - can anyone cite the Regs about 'why' it happens? I know the large source, ya? Somewhere in Adam Walsh and IMBRA, but WHERE, specifically? </div></BLOCKQUOTE>

Seriously, I'm searching for the 'citation' - ie - which section, which paragraph, which chapter, etc etc... Not asking for a page reference (see p. 895, 11th line down) , but Chapter/Section/paragraph.

Anyone?

As I noted in the first post - I know WHY it happens, I know WHICH 'things' are requiring it, but I'm asking for exactly WHERE in these two 'things' it is cited.

Thanks in advance !

[ProudUSC]

http://frwebgate.access.gpo.go...d=f:h3402enr.txt.pdf

Subtitle D, Sec. 833, 2 (g) and (h).

I believe that's what you're looking for.

[federale86]

So, USCs are being placed in the immigration fingerprint databases? Why aren't they just running criminal background checks by name?

[Darnell_Two]

Fed:

1. yes, if have prior felony conviction, or prior convictions for spousal abuse, or if in the federal pedophile database.

2. they are! if something pops up, then it's another round of fingerprinting at an ASC, between NOA-1 and NOA-2 for a I-129F or I-130 spouse petition.

as I said - I'm looking for the exact wording in VAWA/IMBRA 'stuff'. The prior 'copy of the H.R.' , listed above, doesn't exactly DETAIL what I'm looking for, but it does have small reference to it.

I guess I'll have to do some further research for 'after it passed into law' and see exactly what 'procedural things' were added to it.

[federale86]

Look for the Code of Federal Regulations that mirror the Act.

I am thinking that this will fail constitutionally or legally since there does not appear to be specific Congressional approval for fingerprinting USCs.

Instead we should be fingerprinting passport applicants to catch fraud there.