A missed biometrics appointment may appear to be an administrative matter that can be easily corrected, but immigration applicants should not assume that the U.S. Citizenship and Immigration Services (USCIS) will continue rescheduling missed appointments, even when there is a legitimate reason for being unable to attend.
USCIS has denied immigration benefit applications as abandoned for failure to appear for biometrics, including in cases where applicants previously requested that their appointments be rescheduled. A rescheduling request does not guarantee that USCIS will grant it, particularly where an appointment has already been rescheduled.
USCIS May Deny an Application for Failure to Appear
Biometrics are required for many immigration applications and allow USCIS to conduct identity, background, and security checks. Under 8 C.F.R. Section 103.2(b)(13)(ii), when an applicant fails to appear for required biometrics or another required in-person process, USCIS may treat the benefit request as abandoned and deny it unless, by the appointment time, USCIS has received a rescheduling request that it determines warrants excusing the failure to appear.
The regulation does not provide unlimited rights to reschedule. USCIS evaluates timely requests for good cause and retains discretion to determine whether another appointment is warranted. USCIS’s procedures reflect this limitation: the online biometrics rescheduling tool generally cannot be used once an appointment has already been rescheduled two or more times. In those circumstances, the applicant must contact USCIS directly.
The ability to request a new appointment should not be confused with a right to have that request granted.
International Travel and Extended Absences Create Additional Risks
This issue might become particularly problematic when an applicant is outside the United States when USCIS schedules biometrics. An applicant may have notified USCIS of travel plans or requested a different appointment date, but that does not mean USCIS will accommodate the request or wait until the applicant returns.
For applicants residing abroad, USCIS policy provides that the agency may, rather than must, arrange biometrics collection at certain locations outside the United States. In practice, overseas biometrics collection is rarely available as a practical alternative to appearing at a USCIS Application Support Center. Applicants planning extended international travel may wish to account for the possibility of a biometrics appointment before departing and should be prepared to return to the United States promptly if necessary to attend. Travel plans, even legitimate or longstanding ones, do not require USCIS to repeatedly reschedule an appointment.
Monitor USCIS Notices Carefully
The risk increases when applicants do not receive or review an appointment notice promptly. USCIS generally sends biometrics notices to the applicant’s address of record. Applicants may wish to closely monitor their physical mail and USCIS online accounts throughout the pendency of a case, even when represented by counsel. Those traveling for extended periods should arrange for someone to monitor their mail and immediately forward any USCIS correspondence. Applicants should also ensure that USCIS has their current mailing address and that any required change of address has been properly submitted.
For EB-5 investors specifically, applicants may wish to maintain a U.S. address or residence, monitor their mail regularly, and attend scheduled appointments. Two or more rescheduling requests or missed appointments might result in denial of an immigration application, including Form I-485 or Form I-829. Overcoming a denial based on abandonment is difficult where USCIS has mailed the notice to the applicant’s address of record.
Promptly Rescheduling If Necessary
There are legitimate circumstances in which an applicant cannot attend a scheduled appointment, and USCIS permits rescheduling requests based on good cause. If rescheduling is unavoidable, however, the request should be made before the scheduled appointment and in accordance with USCIS procedures.
Applicants should retain documentation confirming the request and the circumstances supporting it and continue monitoring the case until USCIS issues a new appointment notice. This is particularly important for applicants who have previously rescheduled.
Where reasonably possible, attending the appointment USCIS has scheduled may help reduce the risk of an abandonment denial.
An Abandonment Denial May Have Significant Consequences
A denial for abandonment can be particularly consequential because USCIS may deny the application without reaching its substantive merits.
Depending on the benefit involved and the applicant’s circumstances, the consequences may extend beyond filing another application. A denial might affect an applicant’s ability to remain or work in the United States, travel, pursue adjustment of status, or continue an immigration strategy dependent on a pending application. An abandonment denial may potentially be challenged through a motion to reopen in certain circumstances, but doing so would involve additional filing fees, legal fees, delays, and uncertainty, with no guarantee that USCIS will reopen the case.
Practical Takeaways for Immigration Applicants
Immigration applicants with pending USCIS matters should consider a biometrics appointment a significant case requirement, not a routine appointment that can be moved for convenience. Applicants may wish to:
- Monitor physical mail and their USCIS online account regularly;
- Keep their mailing address current with USCIS;
- Arrange for USCIS correspondence to be monitored during international travel or extended absences;
- Attend the originally scheduled biometrics appointment whenever reasonably possible;
- Not assume that repeated rescheduling requests will be granted; and
- Continue monitoring the case until a new appointment is confirmed.
Applicants should not assume that a biometrics appointment can simply be rescheduled. USCIS has authority to deny an application as abandoned for failure to appear and discretion in determining whether a rescheduling request excuses that failure. Careful monitoring of USCIS correspondence and timely attendance at biometrics appointments may help prevent an otherwise viable immigration application from being denied on procedural grounds.