Asylum Clock Reset in El Cajon: Understanding EAD Eligibility for Asylum Seekers
Know your rights when the asylum clock stops and how to restore your work permit eligibility
Quick Answer
For asylum seekers in El Cajon, understanding the asylum clock is essential to obtaining work authorization. The asylum clock tracks how long your case has been pending and determines when you become eligible for an Employment Authorization Document (EAD). When the clock stops or resets, it can delay your ability to work legally in the United States.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
For asylum seekers in El Cajon, understanding the asylum clock is essential to obtaining work authorization. The asylum clock tracks how long your case has been pending and determines when you become eligible for an Employment Authorization Document (EAD). When the clock stops or resets, it can delay your ability to work legally in the United States.
What Is the Asylum Clock?
The clock serves one primary purpose: determining when you become eligible to apply for an Employment Authorization Document (EAD). Under current regulations, asylum applicants must wait 180 days from the filing of a complete asylum application before they can apply for a work permit.
For asylum seekers in El Cajon, many of whom are supporting families, understanding how this clock works is critical for financial planning and stability.
How Asylum Clock Resets Work
There are two types of clock events:
- •Clock stoppage: The clock pauses and stops counting days, but previously accumulated days are preserved
- •Clock reset: The clock returns to zero or a reduced count, requiring you to accumulate days again
- •Applicant-caused delays: Requesting continuances or failing to appear can stop the clock
- •USCIS-caused delays: Delays caused by USCIS do not stop the clock
- •Court-caused delays: Scheduling changes initiated by the court do not stop the clock
The 180-Day EAD Rule for Asylum Seekers
• You file Form I-589 (asylum application) with USCIS or immigration court
• The asylum clock begins counting days from the filing date
• After 180 days have elapsed on the clock, you become eligible to file Form I-765 for an EAD
• USCIS processes the EAD application, which can take 30 to 90 additional days
• The EAD is valid for one year and must be renewed while your asylum case remains pending
It is important to understand that the 180 days must be days the clock is actually running. If the clock is stopped for any reason, those stopped days do not count toward the 180-day requirement.
Common Causes of Clock Stoppages
- •Requesting a continuance or postponement of your hearing
- •Failing to appear at a scheduled hearing or interview without good cause
- •Filing a frivolous or bad-faith application
- •Failing to provide requested documents or evidence within the deadline
- •Requesting a change of venue to a different immigration court
- •Not bringing a required interpreter to your hearing
- •Any action by the applicant that delays proceedings
How to Check Your Asylum Clock Status
- 1Contact the USCIS Contact Center
Call 1-800-375-5283 and request your asylum clock status. Have your receipt number or A-number ready.
- 2Check Through Your Immigration Court
If your case is in immigration court, contact the court clerk to ask about your clock status.
- 3Review Your Case Records
Examine any notices or hearing records for indications of clock stoppages or continuances.
- 4Submit a Written Inquiry
File a written request with USCIS or EOIR asking for a formal accounting of your asylum clock days.
- 5Consult With a Professional
Work with an immigration services provider who can help you interpret clock data and identify errors.
Filing for EAD After 180 Days
- 1Verify Your Clock Has Reached 180 Days
Confirm with USCIS or your court that 180 days have elapsed on your asylum clock without stoppages.
- 2Complete Form I-765
Fill out the Application for Employment Authorization, selecting category (c)(8) for pending asylum applicants.
- 3Gather Supporting Documents
Include a copy of your I-589 receipt, photo identification, passport-style photos, and any previous EAD cards.
- 4Submit to USCIS
Mail the completed application to the correct USCIS service center. There is no filing fee for asylum-based EAD applications.
- 5Track Your Application
Monitor your case online or through the USCIS Contact Center. Attend any scheduled biometrics appointments.
Dealing with Asylum Clock Disputes
Strategies for resolving clock disputes:
- •Document every hearing, continuance, and case event with dates and who requested them
- •Keep copies of all court notices and USCIS correspondence
- •File a written objection if you believe the clock was stopped incorrectly
- •Request that the immigration judge note on the record that delays were not applicant-caused
- •Submit a formal complaint through the USCIS Ombudsman if USCIS does not correct errors
- •Gather evidence showing that continuances were requested by the government, not by you
- •Consider filing a mandamus action in federal court if USCIS refuses to correct a clear clock error
Why Choose SoCal Immigration Services in El Cajon
- •Arabic-speaking staff who understand the unique challenges facing Middle Eastern asylum seekers
- •Experience tracking and disputing asylum clock stoppages
- •Assistance with Form I-765 EAD applications and renewals
- •Document preparation and organization for asylum cases
- •Guidance on avoiding actions that could stop your asylum clock
- •Connections to immigration attorneys for complex clock disputes or litigation
FAQFrequently Asked Questions
Q:What happens if my asylum clock is stopped?
A: When the asylum clock stops, the days stop accumulating toward the 180-day EAD eligibility threshold. If you have not yet reached 180 days, you must wait until the clock resumes and additional days accumulate before applying for a work permit.
Q:Can I restart my asylum clock after it has been stopped?
A: Yes, the clock can restart when the cause of the stoppage is resolved. For example, if the clock stopped because you requested a continuance, it resumes when the hearing takes place. If USCIS stopped the clock in error, you can dispute it and request a correction.
Q:Does a continuance requested by the judge stop my asylum clock?
A: No. Continuances initiated by the immigration judge or the government do not stop your asylum clock. Only delays caused by the applicant stop the clock. Make sure the record clearly reflects who requested any continuance.
Q:How long does it take to get an EAD after the 180 days?
A: After reaching 180 days on the asylum clock and filing Form I-765, EAD processing typically takes 30 to 90 days. Processing times vary based on USCIS workload and your service center location.
Q:Is there a fee to file for an asylum-based EAD?
A: No. There is no filing fee for initial or renewal EAD applications based on a pending asylum case. The fee waiver applies automatically when you select category (c)(8) on Form I-765.
Q:What if USCIS denies my EAD application because of a clock dispute?
A: If your EAD is denied due to a clock dispute, you can request a review, file a written objection with supporting evidence, or contact the USCIS Ombudsman. For persistent issues, consulting an immigration attorney about a mandamus action may be necessary.
Need Help with Your Asylum Clock or EAD in El Cajon?
Our Arabic-speaking team helps asylum seekers in El Cajon understand their clock status, resolve disputes, and file for work authorization. Do not let a clock error delay your ability to support your family.
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