In a recent letter to the INS, the American Immigration Lawyers Association (AILA) cited lack of adequate time between publication and implementation of the new fingerprint rules as well as lack of preparedness on the part of INS as reasons for temporarily revoking the new rules.

AILA contends that the new fingerprint rule that transferred fingerprinting responsibilities from Designated Fingerprinting Services to the INS itself was implemented too quickly after it was announced. They found that INS was only given seven days to implement the rule for naturalization purposes and twelve days for non-naturalization purposes. This has left applicants needing to be re-fingerprinted scrambling to make appointments at the new Application Support Centers (ASCs) or to use registered law enforcement agencies (LEAs).

In addition, AILA is concerned that the ASCs are not properly equipped to deal with the changes. The computer systems are not able to process the $25 fingerprinting fee. Furthermore, the ASC staff is not able to efficiently coordinate the scheduling of appointments because the computer systems are not up to speed.

AILA suggests that the rules be temporarily revoked for those seeking non-naturalization benefits until the INS can fully implement the rule. In addition, AILA urges the INS to not permanently bar applicants from obtaining the benefits they seek because of its inability to properly administer the new fingerprint rule.

In related news, INS plans to open 67 new fingerprinting shops across the country. INS is hoping that these new shops will ease the backlog on citizenship applications as well as smooth the wrinkles in the new fingerprint rule.

 

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

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