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Old 09-15-2019, 06:59 PM   #1
Point38
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Default My EAD clock got messed up after 6 years.

Hi,

My case was administratively closed and I was renewing EADs every year since 2010 until now when I received a denial based on a low clock count of 102 days. Before I had over 1000 days.

I'm not very familiar with the clock system and why there are two types of clock. Maybe right now it is the second clock that required 30 days and I have 102. That means the main on that required 150 days is missing. If this is the case why can't USCIS office see that and reach out to me instead of just denying?

Long story short. I reached out USCIS and they said that they can't do anything because they don't have jurisdiction over my case and I need to contact Court Administrator. I did and she said that I need to contact USCIS to fix my clock. Some monkey made a clerical error and I have to pay for it.

Does any have any idea what can be done next?

Thanks
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Old 09-15-2019, 08:08 PM   #2
AFFA
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Default Re: My EAD clock got messed up after 6 years.

I wish to inform you that the EAD clock starts 6 months after the asylum clock. Problems with asylum clock most often arise in immigration courts rather than asylum offices. Often, judges do not inform applicants that their clock has been stopped, and are not required to put notes in the applicant’s file as to why the clock has been stopped, opening the door to possibility of untraceable clerical error. In some courts, it is not clear who controls the clock, or how to restart the clock when the applicant is no longer responsible for the delay. Different immigration judges sometimes interpret “delay requested or caused by the applicant” differently, making it difficult for applicants to foresee how a specific request may affect their clock. Sometimes immigration courts implement the asylum clock provisions contrary to their own policies, for example permanently stopping the clock in cases where it is not stipulated by the regulations. Finally, the case completion goal for both affirmative and defensive asylum cases is currently 180 days, which may force immigration judges to stop the clock in order to meet the adjudication deadline. You may contact an attorney and seek guidance in this matter.

AFF
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Old 09-16-2019, 12:04 AM   #3
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Default Re: My EAD clock got messed up after 6 years.

Quote:
Originally Posted by AFFA View Post
I wish to inform you that the EAD clock starts 6 months after the asylum clock. Problems with asylum clock most often arise in immigration courts rather than asylum offices. Often, judges do not inform applicants that their clock has been stopped, and are not required to put notes in the applicant’s file as to why the clock has been stopped, opening the door to possibility of untraceable clerical error. In some courts, it is not clear who controls the clock, or how to restart the clock when the applicant is no longer responsible for the delay. Different immigration judges sometimes interpret “delay requested or caused by the applicant” differently, making it difficult for applicants to foresee how a specific request may affect their clock. Sometimes immigration courts implement the asylum clock provisions contrary to their own policies, for example permanently stopping the clock in cases where it is not stipulated by the regulations. Finally, the case completion goal for both affirmative and defensive asylum cases is currently 180 days, which may force immigration judges to stop the clock in order to meet the adjudication deadline. You may contact an attorney and seek guidance in this matter.

AFF

I already read this somewhere but it is not relevant to my situation. Like I said, I had plenty of days and everything was perfect with my status and clock. USCIS messed it up and I'm looking for the way to fix it. Besides what I already mentioned you should have advised contacting the ACIJ. I have one of the best lawyers in town but it seems a very tough issue to deal with.
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