Can get AP same day if 120+ days delayed

Nora&Simon

Registered Users (C)
Just got through a bad experience waiting for an AP and wanted everyone to know that if your AP is more than 120 days delayed, you have the right to go into your local office and get an AP that day.

My story: Filed my I-131 last October with the CSC (where my I-485 is pending) and it had a receipt date of 10/3/05. Had to wait several months before I was able to file an official inquiry with USCIS by phone in February - because my I-131 case was finally more than 30 days past the current processing dates listed for the CSC for processing APs.

The result of the inquiry was that the CSC sent me a letter stating that "preliminary processing" of my case was complete, but they would have to transfer my case back to the NY district office for approval - and that I would have to wait several months to be contacted by NYC for them to schedule an appointment.

Contacted my congressman's office about this, and they eventually got back to me stating that because my AP was more than 120 days overdue, I was eligible to go into the NY office myself to get an AP on the spot - that day.

I had never heard this, but sure enough - when I went through the various lines at Federal Plaza - they passed me along to the different offices and all seemed to be familiar with the fact that anyone with AP case that was more than 120 days delayed could see an immigration officer. (They can be real sticklers in New York about the rules).

After waiting for 6 hours in an office in Federal Plaza, I got my AP.

Just wanted everyone else out there who might be in a similar situation to know that they have this right.

Simon
 
Thank you for info I am in the same situation, but would like to know is 120 days is hard limit, My RD is Jan 23rd, I am planning to visit India during last week of April, just wanted to know if I can go there after 90 days day limit same as EAD.
 
I had applied on 30-DEC-05 Still waiting for AP.

I called customer service, they just took my info and said they will make an inquiry. Mine will be 90 days in four more days. Can I take an info pass and get the AP.

Thanks,
 
Sorry for the delay in getting back to you both.

I think 120 days seems to be the "hard number" for walking in and getting an AP.

You can certainly always try to go in and get one same day before that time by scheduling something on INFOPASS - but our experience was that they checked our papers before letting us go up to the correct office to submit paperwork for a same-day AP.
 
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