Immigration Issues/Second FP and I-485


Its been already 15 months since we filed our I-485 and our processing dates and priority dates have become current. I called today and spoke to the customer service of Texas Center and i was told that she will mail another notice for biometrics and then will process the case. How long it takes to process I-485 after second biometrics? Can they send any RFE even after second FP? It is employment based I-485, but can they ask our wedding pics (if any interview) for spouse I-485? Our wedding albums are in India, we do have our wedding Video CD (DVD) so is that enough or should we ask our family to send our wedding album?

Please provide guidance and suggestion by replying to my above questions.


Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Sammy,

Yes, the USCIS can ask for a second round of biometrics.  I've had a client who had to return for fingerprinting/biometrics 3 times for several reasons.  It could just be that the biometrics have "expired" or that the biometrics were not captured properly, or if there is a glitch in the USCIS database, and the officer trying to approve your I-485 cannot view the actual screen showing your biometrics review, it's easier sometimes for them to just request all new biometrics.  (this was the case with my client)

Yes, the USCIS can also send another RFE even after the second fingerprinting.  What is typical is that the you'll get an RFE on the I-485 asking that the terms and offer of employment is still good and valid.

As for the proof of marriage, they just want to know what your spouse is a genuine, true spouse.  I would send anything that is easy for them to see.  I don't normally send in DVDs because those things get lost and also, the CIS officer may not even look at it.  But if you send pictures, etc, it's right there, already in front of them.

I would send pictures, but not the actual album.  

Good luck to you.  You are almost there!  You may have to be persistent with the biometrics, but if you've come this far, you know that sometimes, nothing is automatic nor straightforward when it comes to dealing with the USCIS.

Eileen Chun-Fruto

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Eileen Chun-Fruto


I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).


I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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