I-191 Instructions Table of Changes

I191-006-INS-TOC-BiometricsRule-NPRM-05132020.docx

Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA)

I-191 Instructions Table of Changes

OMB: 1615-0016

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TABLE OF CHANGES – INSTRUCTIONS

Instructions for I-191, Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA)

OMB Number: 1615-0016

05/13/2020


Reason for Revision: Biometrics Rule

Project Phase: NPRM


Legend for Proposed Text:

  • Black font = Current text

  • Red font = Changes

Expires 02/28/2021

Edition Date 02/13/19



Current Page Number and Section

Current Text

Proposed Text

Pages 3-4,

General Instructions

[page 4]



Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the Specific Instructions section of these Instructions.


Biometric Services Appointment. USCIS may require that you appear for an interview or provide fingerprints, photograph, and/or signature at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application, petition, or request. After USCIS receives your application and ensures it is complete, we will inform you in writing, if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location of your local or designated USCIS Application Support Center (ASC) and the date and time of your appointment or, if you are currently overseas, instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office outside the United States to set up an appointment.







If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that:


1) You provided or authorized all information in the application;


2) You reviewed and understood all of the information contained in, and submitted with, your application; and


3) All of this information was complete, true, and correct at the time of filing.


If you fail to attend your biometric services appointment, USCIS (or an immigration judge if you are in deportation, exclusion, or removal proceedings) may deny your application.


Copies. You should submit legible photocopies of documents requested, unless the Instructions specifically state that you must submit an original document. USCIS may request an original document at the time of filing or at any time during processing of an application, petition, or request. If USCIS requests an original document from you, it will be returned to you after USCIS determines it no longer needs your original.



[page 4]



Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the Specific Instructions section of these Instructions.


Biometric Services Appointment. Every individual who is an applicant, petitioner, derivative, beneficiary, or sponsor of an immigration benefit request or other request submitted to USCIS is required to submit biometrics unless USCIS waives or exempts the requirement.  You will be notified of the time and place of your appointment if you must appear and you will be provided requirements for rescheduling if necessary. If you fail to submit any biometrics as required, USCIS may deny your application, petition, or request.


DHS may store the biometrics submitted by an individual and use or reuse biometrics to conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), verify identity, produce documents, determine eligibility for immigration and naturalization benefits, or to perform any other functions necessary for administering and enforcing immigration and naturalization laws, and any other law within DHS authority.  


If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that:


1) You provided or authorized all information in the application;


2) You reviewed and understood all of the information contained in, and submitted with, your application; and


3) All of this information was complete, true, and correct at the time of filing.


[deleted]






Copies. You should submit legible photocopies of documents requested, unless the Instructions specifically state that you must submit an original document. USCIS may request an original document at the time of filing or at any time during processing of an application, petition, or request. If USCIS requests an original document from you, it will be returned to you after USCIS determines it no longer needs your original.



Page 9,

What Is the Filing Fee?

[page 9]


What Is the Filing Fee?


The filing fee for Form I-191 is $930.




NOTE: The filing fee is not refundable, regardless of any action USCIS (or an immigration judge if you are in deportation, exclusion, or removal proceedings) takes on this application. DO NOT MAIL CASH. You must submit all fees in the exact amount.



[page 9]


What Is the Filing Fee?


The filing fee for Form I-191 is $930. A biometric services fee of $85 is also required.


NOTE: The filing fee is not refundable, regardless of any action USCIS (or an immigration judge if you are in deportation, exclusion, or removal proceedings) takes on this application. DO NOT MAIL CASH. You must submit all fees in the exact amount.



Page 10,

Processing Information

[page 10]



Requests for Interview. USCIS may request that you appear at a USCIS office for an interview based on your application. At the time of any interview or other appearance at a USCIS office, we may require that you provide your fingerprints, photograph, and/or signature to verify your identity and/or update background and security checks.



[page 10]



Requests for Interview. USCIS may request that you appear at a USCIS office for an interview based on your application. At the time of any interview or other appearance at a USCIS office, we may require that you provide your biometrics to verify your identity and/or update background and security checks.




Page 11,

DHS Privacy Notice

[Page 11]


DHS Privacy Notice


AUTHORITIES: The information requested on this application, and the associated evidence, is collected under the Immigration and Nationality Act (INA) section 101.


PURPOSE: The primary purpose for providing the requested information on this application is to apply for relief under the former INA section 212(c). DHS and DOJ will use the information you provide to grant or deny the immigration benefit you are seeking.


DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and any requested evidence, may delay a final decision or result in denial of your application.



ROUTINE USES: DHS may, where allowable under relevant confidentiality provisions, share the information you provide on this application and any additional requested evidence with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved routine uses described in the associated published system of records notices [DHS/USCIS/ICE/CBP-001 - Alien File, Index, and National File Tracking System and DHS/ USCIS-007 - Benefits Information System] and the published privacy impact assessments [DHS/USCIS/PIA-016a Computer Linked Application Information Management System (CLAIMS 3) and Associated Systems] which you can find at www.dhs.gov/privacy. DHS may also share the information, as appropriate, for law enforcement purposes or in the interest of national security.

[Page 11]


DHS Privacy Notice


AUTHORITIES: The information requested on this application, and the associated evidence, is collected under the Immigration and Nationality Act (INA) section 101.


PURPOSE: The primary purpose for providing the requested information on this application is to apply for relief under the former INA section 212(c). DHS and DOJ will use the information you provide to grant or deny the immigration benefit you are seeking.


DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, including your Social Security number (if applicable), and any requested evidence, may delay a final decision or result in denial of your application.


ROUTINE USES: DHS may, where allowable under relevant confidentiality provisions, share the information you provide on this application and any additional requested evidence with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved routine uses described in the associated published system of records notices [DHS/USCIS/ICE/CBP-001 - Alien File, Index, and National File Tracking System of Records, DHS/USCIS-007 - Benefits Information System, DHS/USCIS-018 Immigration Biometric and Background Check] and the published privacy impact assessments [DHS/USCIS/PIA-016(a) Computer Linked Application Information Management System and Associated Systems] which you can find at www.dhs.gov/privacy. DHS may also share this information, as appropriate, for law enforcement purposes or in the interest of national security.


Page 11,

Paperwork Reduction Act

[page 11]


Paperwork Reduction Act


An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of information, unless it displays a currently valid Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 90 minutes per response, including the time for reviewing instructions, gathering the required documentation and information, completing the application, attaching necessary documentation, and submitting the application. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Regulatory Coordination Division, Office of Policy and Strategy, 20 Massachusetts Avenue, NW, Washington, DC 20529-2140. OMB No. 1615-0016. Do not mail your completed Form I-191 to this address.


[page 11]


Paperwork Reduction Act


An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of information, unless it displays a currently valid Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 90 minutes per response, including the time for reviewing instructions, gathering the required documentation and information, completing the application, attaching necessary documentation, and submitting the application. The collection of biometrics is estimated to require 3 hours and 40 minutes. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Regulatory Coordination Division, Office of Policy and Strategy, 20 Massachusetts Avenue, NW, Washington, DC 20529-2140. OMB No. 1615-0016. Do not mail your completed Form I-191 to this address.



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