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Obtaining Employment Authorization And Advance Parole Documents Under The New INFOPASS System

by Christina B. LaBrie

Processing times for initial and renewal employment authorization documents (EADs) and advance parole documents (APs) can be lengthy at USCIS District Offices and Service Centers. As a result, we now ask clients to contact us 5-6 months in advance of the expiration date of their current documents if they want our firm to file for renewal.

If the EAD is not granted within 90 days of the receipt date, there is a procedure for obtaining same-day issuance of an EAD at the District Office. However, the USCIS has recently begun to require applicants to obtain an appointment through the USCIS InfoPass system in order to obtain the same-day EAD.

InfoPass appointments can be made on the USCIS website at www.uscis.gov. If you are seeking issuance of an EAD you must schedule an EAD InfoPass appointment. This means you must check the box next to the sentence (written in red) It has been more than 90 days since you filed an I-765 and you did not receive an Employment Authorization Card.

Frequently, no appointments are available on InfoPass for the New York and Newark offices. Therefore, you must try regularly in order to obtain an appointment. In addition, the available appointments will often be approximately two weeks from your scheduling date. If you urgently need an EAD and would like to get one when your application has been pending for 91 days, then we advise that you try to make an InfoPass appointment at least two weeks in advance of the 91st day. The introduction of the InfoPass system means that you will not be assured of the exact date on which you will be able to obtain an appointment. Therefore, we suggest that you apply well in advance of your expiration date to allow time for these procedural obstacles.

As illustration, below is a sample time line for EAD renewal:

Current EAD Expiration Date: June 1, 2005
Apply for Renewal of EAD:January 1, 2005
If EAD has not been granted, latest recommended date
to seek InfoPass appointment: May 1, 2005

The District Office practices with regard to Advance Parole issuance varies and many will not issue a same-day AP until the application has been pending for 120 days.

This article originally appeared on http://www.cyrusmehta.com.


About The Author

Christina LaBrie is an associate attorney at Cyrus D. Mehta & Associates, PLLC. She received her J.D. from the New York University School of Law in 2000. Prior to joining the firm, she practiced immigration law, representing primarily asylum applicants before Immigration Courts, the Board of Immigration Appeals and federal courts. She is Secretary of the Committee on Immigration and Nationality Law at the Association of the Bar of the City of New York. The views expressed in this article do not necessarily represent the views of ABCNY.


The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.