Asylum Clock Issues in Fullerton: EAD Eligibility and Work Permit Delays for Arab Applicants

What is the Asylum Clock and Why Does It Matter?

How the 180-Day Asylum Clock Works

1. 1
   Day 1: Filing a Complete Application

   The clock starts when USCIS or the immigration court receives your complete I-589 application. Incomplete applications do not start the clock. All required fields must be filled out, the application must be signed, and supporting documents should be included.

2. 2
   Days 1-150: Waiting Period Begins

   During this period, your application is assigned to an asylum officer or immigration judge. You should use this time to gather additional evidence, obtain country condition reports, and prepare for your interview or hearing.

3. 3
   Day 150: Earliest EAD Filing Date

   You can file Form I-765 (Category (c)(8)) as early as 150 days after filing your asylum application, though USCIS will not approve it until the full 180 days have passed.

4. 4
   Day 180: EAD Eligibility

   Once 180 days have passed without applicant-caused delays, USCIS can approve your EAD application. The $0 filing fee for asylum-based EADs applies (category (c)(8)).

5. 5
   Day 180+: EAD Processing

   After the 180-day mark, USCIS processes your EAD application. Current processing times average 30 to 90 days from the date USCIS receives your I-765, though delays of 5 to 7 months have been reported.

What Stops the Asylum Clock

• •Requesting a continuance or postponement of your asylum interview or court hearing without good cause
• •Failing to appear at a scheduled asylum interview or immigration court hearing
• •Failing to provide requested evidence, documents, or translations by the deadline set by USCIS or the court
• •Filing a frivolous motion or request that delays proceedings
• •Requesting a change of venue to a different immigration court
• •Withdrawing your asylum application and later refiling
• •Any action by the applicant that directly causes a delay in the adjudication of the asylum case

What Does NOT Stop the Asylum Clock

Common Asylum Clock Problems in Fullerton

• •Incorrectly stopped clock: USCIS or the court erroneously stops the clock due to administrative errors, misrecording hearing dates, or incorrectly attributing delays to the applicant rather than the government
• •Clock not started: USCIS fails to start the clock on the date the complete I-589 was received, sometimes due to mailing delays, data entry errors, or filing at the wrong service center
• •Clock reset after referral: When an asylum office refers a case to immigration court after a denial, the clock may be improperly reset to zero instead of continuing from the accumulated days
• •Disputed continuance responsibility: The court records a continuance as applicant-requested when it was actually requested by the government attorney or caused by the court's own scheduling
• •Missing or inaccurate records: The asylum clock tracker in the USCIS system shows incorrect dates or missing entries that reduce the applicant's accumulated days
• •Language access delays: Arab applicants who need Arabic interpreters may face hearing postponements that are incorrectly attributed to them rather than to the court's failure to secure an interpreter

How to Fix a Stopped or Incorrect Asylum Clock

1. 1
   Request Your Clock Status

   Contact the USCIS asylum office or your immigration court to obtain the current status of your asylum clock. You can also check through InfoPass or by calling the USCIS Contact Center at 1-800-375-5283.

2. 2
   Gather Evidence of Correct Timeline

   Compile all hearing notices, interview appointments, filing receipts, and correspondence that show the accurate timeline of your case. Keep certified mail receipts for every document you submit.

3. 3
   File a Written Request to Restart the Clock

   Submit a formal written request to the asylum office or immigration court explaining why the clock was incorrectly stopped, with supporting documentation proving the delay was not your fault.

4. 4
   Contact the Ombudsman's Office

   If USCIS does not correct the clock after your written request, file a case inquiry with the USCIS Ombudsman's office (DHS Office of the Citizenship and Immigration Services Ombudsman) for an independent review.

5. 5
   File an Expedite Request for Your EAD

   If the clock error is causing extreme financial hardship, you may file an expedite request for your EAD application citing urgent humanitarian reasons, severe financial loss, or emergency situations.

Asylum-Based EAD Application Process

Frequently Asked Questions About Asylum Clock Issues

• •Q: Does my asylum clock start when I enter the U.S. or when I file my I-589? A: The clock starts when USCIS or the immigration court receives your complete I-589 application, not when you enter the country. Filing promptly after arrival is important.
• •Q: Can I work while waiting for my asylum EAD? A: No. You cannot legally work in the United States until you receive an approved EAD. Working without authorization can negatively affect your asylum case and future immigration applications.
• •Q: What happens to my asylum clock if my case is referred from the asylum office to immigration court? A: The clock should continue counting from where it left off. If USCIS resets it to zero, this is an error that should be corrected. Document your accumulated days carefully.
• •Q: Is there a fee for an asylum-based EAD? A: No. The initial EAD application for asylum seekers under category (c)(8) has no filing fee. Renewal EADs also have no fee as long as your asylum case remains pending.
• •Q: Can I apply for an EAD before 180 days? A: You can file Form I-765 as early as 150 days after filing your asylum application, but USCIS will not approve it until the full 180 days have elapsed.
• •Q: My asylum interview was rescheduled by USCIS. Does this stop my clock? A: No. Delays caused by USCIS or the immigration court do not stop the asylum clock. Only applicant-caused delays stop the clock.
• •Q: What if I need an Arabic interpreter and the court postpones my hearing because one is not available? A: Court-caused delays due to interpreter unavailability should not stop your clock. Document that the delay was caused by the court, not by you, and request a written record.

Why Choose SoCal Immigration Services for Asylum Clock Issues in Fullerton

• •Arabic-speaking staff who communicate directly with you about your asylum clock status and EAD timeline
• •Deep experience tracking and resolving asylum clock errors for Arab applicants from Syria, Iraq, Yemen, Egypt, Lebanon, and other countries
• •Proactive case monitoring to ensure your clock is running and identify stoppages before they cause extended delays
• •Assistance filing expedite requests when asylum clock errors create financial emergencies
• •Convenient location serving Fullerton, Anaheim, Buena Park, Placentia, Brea, Yorba Linda, and all of northern Orange County
• •Free initial consultation to assess your asylum clock status and EAD eligibility
• •Culturally sensitive approach that respects the privacy and dignity of families fleeing persecution

Contact SoCal Immigration Services