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TJ

Tunkara Jahara

Posted about 1 month ago

User
have a pending asylum application and an EAD with USCIS. I entered the U.S. without inspection (EWI) and have a prior Georgia marijuana DUI conviction (less than 30g involved). My ASC biometrics notice (Form I-797C) lists Case Type: 1862 – Notice to Appear and includes an NTA number, even though I have never been served an NTA and am not in removal proceedings. My attorney says this may be an internal USCIS coding issue. Is this common in asylum/EAD cases? Does it increase the risk of ICE action at a biometrics appointment, and should I take any precautions before attending? Thank you.
3 Responses
d

daniel okello

Answered 30 days ago

User

What your attorney described does happen, and in many asylum-related filings it is often an internal USCIS systems issue rather than an indication that removal proceedings have started. Certain USCIS case types automatically generate internal codes linked to enforcement databases, even when no Notice to Appear has been issued or served. Biometrics notices sometimes pull from these internal fields, which can look alarming but are not determinative. For most applicants, attending biometrics does not trigger ICE action by itself. USCIS biometrics appointments are administrative, not enforcement events. As a precaution, attend as scheduled, bring your attorney’s contact information, copies of all filings, and evidence of your pending asylum and valid EAD. Avoid speculation and answer only what is asked.

a

anna lindstrom

Answered 30 days ago

User

It is not unusual for asylum applicants, especially those with EWI entries to see confusing internal classifications on USCIS notices. The presence of an NTA number on a biometrics notice does not mean you are in removal proceedings unless you have actually been served an NTA or your case appears in EOIR records. USCIS and ICE operate under different functions, and biometrics collection alone does not place someone into enforcement custody. That said, your history makes it reasonable to be cautious. Confirm with your attorney that no NTA has been filed with the immigration court, check your EOIR status independently, and ensure your criminal disposition documents are accurate and complete. Attending biometrics with preparation is generally safer than missing the appointment.

r

rui zhang

Answered 30 days ago

User

Internal USCIS coding inconsistencies are a known issue, particularly in asylum and EAD cases involving EWI or past criminal history. The “Case Type: 1862 – Notice to Appear” label often reflects how the file is categorized internally, not an active removal case. Missing a biometrics appointment can actually create more risk by causing delays or denials, which could later draw attention. Reasonable precautions include notifying your attorney of the appointment date, carrying proof of your pending asylum and valid work authorization, and having a clear understanding of your criminal record documentation. There is no requirement to answer questions beyond identity verification at biometrics. In most cases, attendance proceeds routinely without ICE involvement.

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