The Asylum Clock

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    Deadlines are extremely important whenever you’re going through the U.S. immigration process. But they’re even more crucial when you’re applying for asylum in any form. One missed deadline may result in deportation and being banned from returning to the country. To alleviate the stress involved with keeping up with deadlines and getting authorization to work as soon as possible, access the services of an experienced asylum immigration attorney at Kats Immigration Law. They ensure that you’re aware of all pertinent deadlines and that all your documentation is accurate. Call for a virtual consultation before you even apply for asylum to strengthen your case.

    What Is the Asylum Clock in U.S. Immigration?

    The asylum clock is a method the U.S. Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) use to monitor the days your asylum application is pending. The main purpose of the asylum clock is to find out when you become eligible for an Employment Authorization Document (EAD). You must wait for 150 days after filing your asylum application before applying for work authorization. The asylum clock starts running when USCIS receives your complete asylum application.

    Once retained, your immigration attorney from Kats Immigration Law monitors the time clock and ensures that your asylum application is complete and submitted on time. Alina Kats, an experienced immigration asylum attorney has helped hundreds of asylum applicants get their work authorization once their asylum request is approved.

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    What Causes the Asylum Clock to Stop or Pause?

    The asylum clock can stop or pause your asylum process under some situations. if there are delays from your side, for example, if you request to reschedule your asylum interview or if you don’t provide the required documents on time, the asylum clock may stop. The clock stays paused until a new date is set for the interview or hearing. Other causes that can stop the asylum clock may include:

    • Not providing evidence on time
    • Requesting continuances or extensions
    • Failing to appear for biometric appointments
    • Motions to change venue

    If any issue comes up by the government, the asylum clock won’t stop. If, for example, USCIS or EOIR reschedules your interview or hearing due to their own administrative reasons, the clock continues to run. You must regularly check the status of your asylum clock by tracking all the communications and notices from USCIS or EOIR. Make sure you attend all scheduled hearings, interviews and biometric appointments and submit all required documents as quickly as possible.

    How Long Does It Take to Get Work Authorization?

    You must wait for the asylum clock to reach 150 days from the date your asylum application was received. After passing the 150-day period, you become eligible to apply for work authorization and may file Form I-765. After 180 days since the filing of your asylum application without any issues from your end, USCIS can grant you work authorization that permits you to legally work in the United States. Required documents for work authorization may include:

    • Pending asylum application, which is a copy of the receipt notice Form I-797C that you received when you filed your Form I-589
    • Proof of identity, such as a copy of the biographic page of your passport that shows your photo, name and other identifying information
    • Current immigration status, which includes a copy of your Form I-94 and arrival and departure record that shows your most recent entry into the U.S.
    • Previous EAD, so if you’re applying to renew your EAD, include a copy of your previous work authorization document

    If you’re requesting a fee waiver, you need to submit Form I-912, Request for Fee Waiver with evidence of your financial situation, such as tax returns, pay stubs or proof of public assistance. You can also include a cover letter that summarizes your application and lists the documents, which organizes your work authorization application and clarifies your request to USCIS.

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    How Can an Immigration Attorney Help with Asylum Clock Issues?

    Your asylum immigration attorney assesses whether you meet the criteria for an asylum application and advises you based on your unique situation. They make sure that all required documents are prepared and submitted correctly within the timeframe. The asylum process can be lengthy, and you may face delays in your application. An immigration attorney monitors the progress of your asylum application and ensures compliance with asylum regulations. Other services an attorney may offer include:

    • Resolving delays and errors. If there are delays or errors in the processing of your asylum application that affect the asylum clock, an attorney helps you fix these issues.
    • Asylum clock issues. If the clock has stopped or paused incorrectly, your NYC lawyer advocates on your behalf and makes sure you receive full benefit of the time you have spent in the U.S.
    • Appealing decisions. If your asylum application is rejected, an attorney helps you file appeals and represents you in immigration court proceedings.
    • Protection from removal. When your asylum application is pending, you’re protected from deportation or removal; your attorney makes sure your rights to stay in the country are protected during the application process.

    The asylum clock is used to calculate many time limits and deadlines in the asylum process. If there are errors in the calculation of your asylum clock like wrong start dates and pauses in the clock, they can also find these small errors and request corrections on your behalf. An immigration attorney also guides you through the process of applying for work authorization at the right time based on the asylum clock, ensuring you don’t miss any opportunities.

    If you’re applying for political asylum, or fear that you may get deported from the U.S., don’t hesitate to discuss your concerns with Kats Immigration Law. Their certified attorneys have the necessary experience to help you in any type of immigration matter. Contact Kats Immigration Law in Brooklyn and Manhattan or book a virtual consultation today if you’re away from New York City.

    Kats Immigration Law

    2365 Nostrand Avenue,
    Suites 106, 107,
    Brooklyn, NY 11210
    (973) 626-1177

    Updated on Oct 11, 2024 by Alina Kats (Immigratioon Lawyer) of Kats Immigration Law