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#91
08-29-2012, 09:36 AM
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From Illinois/Florida
Joined in Jul 2009
2,219 posts
buckminsterfullerene
I would like to warn that doing your biometrics early is not without it's risks and there is a reason that immigration lawyers and attorneys would warn you against doing so. It's actually a warning against going through deferred action if you have a feeling you may be denied as well.

The issue is that upon them taking your biometrics a file is created, now if you are ever arrested your information will appear as an immigration case and ICE will automatically place a hold on you on those grounds. Regardless of whether your application is being processed and you will attain some legal status. They will place a hold on you and attempt to deport you.

Of course, that only happens if you deal with the police and they search your background.

This is pretty much the warning from an immigration attorney I talked with. She mentioned a case she was working on, a u-visa petition that was going to be granted, a person that got their biometrics done and then went to the DMV for some reason, had outstanding tickets and as a result of having done the biometrics it appeared as an immigration case and was arrested and an ice hold placed on him. Had he not done the biometrics, he would have just been told to pay the tickets and that was it.

The reason ICE sucks is that even though the person had a u-visa petition going through that was going to pass, ICE still tried their best to deport him and if he did not have lawyers representing him and doing an emergency request to speed up the approval this person would have been deported.

So the biometrics is not without warning. Which is why I have been advising people that if they have ever been arrested or dealt with police for any reason to talk with a BIA accredited lawyer or attorney, because of you do the biometrics and are denied due to the results, the next arrest and the next time you deal with police you will get an ICE hold.
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