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I 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.

Attorney Answers 6

  1. 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.

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

  2. Don't appologize, your English is quite good. The major questin has not been asked on what grounds are you seeking Asylum. What are the supporting facts of proof,

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

  3. 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:

    Colorado 303.442.8554/New Mexico 505.819.3303/ Ms DeSeguin’s statement is general in nature, is not intended as legal advice, and should not be relied on as Ms DeSeguin does not have knowledge of all the relevant and necessary facts. The statement above does not create an attorney/client relationship.

  4. In order to assess the timing of your days’ clock for the Employment Authorization Documents (EAD), we would need to review your immigration court documents. Please contact us directly at (512)852-4116 to set up a consultation.

  5. 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.

  6. you need an attorney, unfortunately, i do not take asylum cases but edna yang of american gateways does. call them.

    The advice that I give in each answer or legal is not intended to take the place of an in person consultation. A complete answer takes an in depth interview. After all, it is a life that is at stake. If you are in another city that I do not service ask me and I might be able to recommend you an attorney there. In general, in Houston, I recommend Adan Vega or Bruce Coane, Specialists. In Dallas I recommend Richard Fernandez, Elizabeth Cedillo or Yong Wood as highly skilled and experienced. In South Texas I recommend Jodi Goodwin from Harlengin or Leonel Perez of Edinburg. In San Antonio I recommend Bob or Nancy Shivers or drive to Austin to see me or my talented associate Jacqueline Watson.

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