Asked 3 months ago - Austin, TX
FlagI am an asylum seeker from africa, entered illegal in US via Mexico Hidalgo port of entry in APRIL 2012. I was detained for 2 months and then released by immigration bond without passing a credible fear interview. In November 2012 i submited the asylum application to the judge in a court hearing and given August 2013 as the date of my final hearing and I have been fingerprinted too in December 2012. When I ask the immigration hot-line, I hear that my clock is stopped and 0 days has elapsed and I know that I could apply for the working permit after 150 days elapsed. Am I able to apply for the work authorization? If no, what have I to do? Sorry for my english.
It appears that you "waived" the clock the day you submitted the asylum application. That is why the clock shows as "0". Unfortunately, you need for 150 days to elapse before filing for work authorization. Unless you an get the clock restarted, you will have to wait until your application for asylum is approved before you will be given work authorization.
I agree with my colleague. Unless there is some way to restart the clock, you will not be eligible for work authorization until you win your asylum case.
Hopefully you have an immigration attorney assisting you in your asylum case?
The asylum clock is explained here: http://hrionline.wordpress.com/2012/04/19/under...
The asylum clock is a very difficult issue because the clock starts and stops in court according to codes which are placed in the record by the Immigration Judge. If the respondent has requested any delay in a case, for example, to ask for a chance to retain legal counsel or if there is a continuance granted which is at all on the part of the respondent then this will stop the clock. In your case you will need to contact a competent and seasoned immigration attorney to make determine whether there is any possibility that your clock was stopped incorrectly. Unfortunately the issue is sometimes difficult to resolve and requires an attorney to contact the court and review the Record of Proceedings. Contact an AILA attorney with a lot of experience.
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