EAD at Federal Plaza (New York)

I was advised that since 90 days passed since applying for my EAD in New York, that I can apply for an interim EAD. Unfortunately, my appointment is in December, and I want to get my documents in order sooner.

Has anyone ever applied for interim EAD without an appointment at Federal Plaza? How long did it take you to get EAD when going without an appointment? Any problems?

All help is appreciated, and God bless
KM

I was advised that since 90 days passed since applying for my EAD in New York, that I can apply for an interim EAD. Unfortunately, my appointment is in December, and I want to get my documents in order sooner.

Has anyone ever applied for interim EAD without an appointment at Federal Plaza? How long did it take you to get EAD when going without an appointment? Any problems?

All help is appreciated, and God bless
KM

Hi I just wanted to know when you filed for your EAD at the NY local office? because I filed on Spetember !0 2002 and I am already getting stressed and the fact that your EAD application took more than 90 days is making me really nervous.

I applied for my EAD by mail with the INS at Federal Plaza, and they received it on 7/19/02 (according to money order receipt). I got the letter confirming my appointment for 12/13/02(the letter was dated 9/9/02).

According to the EAD documents and the INS website, if it takes more than 90 days to process an EAD you have the right to request an interim EAD at the local office.

So for me the 90 days have passed, and I am going to go next week to try to get an interim EAD (please pray for me). I hope I am successful, but I hope someone here has gone through the same thing with this office and let me know what happened.

Let me know what happens to your case and God bless,
KM

Hi KM,
I'll be praying for you, I didn't know about the provision in the case the EAD processing goes beyond 90 days. I'll also check that and let you know God bless and good luck. Keep me posted on your efforts.
Regards.

Thanks Zamorano,

I just hope someone here will have tried to do what I am about to do next week so I know what to expect.

Ill keep you informed.

KM

Zamorano,

I decided to go next Friday, so I will let you know how it goes. I am so nervous knowing so many people who have had negative experiences with the INS.

PS Anyone still know the answer to my original question?

There is another way I think, it called emergency travel(it's not the same document as advance parole) but if your papers for adjustment of status are still pending, the best thing in this case is to wait for advance parole.

Due to recent changes to U.S. immigration law, travel outside of the United States may have severe consequences for aliens who are in the process of adjusting their status, extending their nonimmigrant stay, or changing their nonimmigrant status. Upon return, these aliens may be found inadmissible, their applications may be denied, or both. It is important that the alien obtain the proper documentation before leaving the U.S.

Admission into the U.S. is not guaranteed. In all cases, the alien is still subject to INS inspection at the port of entry to determine whether the alien is admissible into the country.

Unlawful Presence
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods may be barred from admission, even if they have obtained Advance Parole. Those aliens unlawfully present in the United States for more than 180 days but less than one year and depart voluntarily before the start of removal proceedings are inadmissible for three years; those who are unlawfully present for one year or more are inadmissible for ten years.
Aliens who have concerns about admissibility should contact an immigration attorney or an immigrant assistance organization accredited by the Board of Immigration Appeals before making foreign travel plans.


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Re-Entry Permit
Lawful Permanent Residents(green card holders) use re-entry permits to re-enter the U.S. after travel of one year or more. For LPR's returning to the U.S., re-entry permits are generally valid for two years from the date of issuance of the re-entry permit. The LPR should apply for this benefit before leaving the U.S.
Conditional residents use re-entry permits to re-enter the U.S. after travel of one year or more. For conditional residents returning to the U.S., re-entry permits are generally valid for two years from the date of issuance of the re-entry permit or until the date the conditional resident must apply for the removal of conditions, whichever comes first. The conditional resident should apply for this benefit before leaving the U.S.


Please note that a re-entry permit does not guarantee admission into the U.S. Aliens with re-entry permits are still subject to the INS inspection process at the port of entry. It is also important to note that travel outside of the U.S for more than one year will under most circumstances break the continuous residence requirement for later naturalization purposes. See Section 316 (b) of the Immigration and Nationality Act.


Advance Parole
Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1 (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.
Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:

Filed an application for adjustment of status but have not received a decision from the INS;
Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; and/or
An emergent personal or bona fide reason to travel temporarily abroad. Applicants who are the beneficiary of a Private bill and Applicants who are under deportation proceedings must file at INS, Office of International Affairs, Parole and Humanitarian Assistance Branch, 425 I Street, NW, ATTN: International Affairs, Washington, DC 20536
Aliens in the United States are not eligible for Advance Parole if they are:

In the United States illegally;
An exchange alien subject to the foreign residence requirement;
Please note that Advance Parole does not guarantee admission into the U.S. Aliens with Advance Parole are still subject to the INS inspection process at the port of entry.

Dupius,

Thanks for the info on not traveling. Would you happen to know anything about EAD's that have taken more than 90 days?!?!?

KM

I GOT MY EAD! It wasnt easy, but I got it.

So Zamorano, or anyone who is looking to get EAD at local office after waiting more than 90 days (as is the norm in the NY city INS office).

Take all the required documents (passport, proof of marriage, and most importantly money order or check receipts for your i485, i130, and i767 - or any other form you have). Also bring any appointment you may have.

Go to the 3rd floor (the earlier the better) and go to the information/question desk. Tell the officer that EAD took longer than 90 days and theyll send you to 9th floor EAD office.

There you have to make another line and present all documents to the immigration officer.

Time line: Got there 9AM. 20 minutes to get inside of building (920). 1 hour to see first officer (1030). Waiting to see EAD officer (1220). Waiting to get EAD processed 3 1/2 hours (4PM)

Dont forget to take snacks, a newspaper, video games, and a cell phone with you because it will be a long day.

Hope this helps someone else going through the same situation. God bless.

KM

PS Most of the workers were nice. Only 1 was nasty, and I didnt have to deal with her!

Pleasehelpme,
Can you give me the exact address of where you wnet to get that EAD in NYC...my time will be up soon and nothing in the mail yet but I have my yellow receipts for all the documents......
Once more Thanks for sharing!

The address is:
26 Federal Plaza
New York, NY

Its on Broadway, 2 blocks north of Chambers St. (best to go by train).

Good luck,

KM