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The Clock has stopped.

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  • The Clock has stopped.

    My friend have a Work Permit since March 2009 and will be expired until March 2010, he went to Immigration Court Monday and his case has postponed until March 2010 for individual hearing. Today he checked his case info over the phoneline and found that his clock has stopped. But even yesterday, his clock was still running for over 300days. The background is like this.

    He does not want a lawyer anymore and wants to represent himself because he could not afford a lawyer anymore and did not pay for his lawyer for the Monday hearing. In court Monday, his lawyer show in court and told the judge that his client just told him his wish to postpone the hearing over a month ago and no more any contacts. The judge asked my friend why you did not contact your attorney and it is your responsibility to contact your attorney. My friend did not say his real reason why he did not contact his attorney, he just saying he changed his phone number. Please advise.

    1. The clock stopped since today, which means he can not renew his Work Permit before the current one expired next March?
    2. The clock stopped since today, which means his current Work Permit is expired from today even the Work Permit card shows expiration date is next March.
    3. My friend said he never has signed any retainer agreement with his attorney, he paid to his third party who can speak his language every time he went to court. Which means he paid for each court date.What will the lawyer do to collect money for his Monday showing up?
    4. He will go to court next March without a lawyer, he is just afraid the attorney will show up again and say something not in favor to his case, what does he should do to avoid this?
    5. What potential problems he will have with the attorney and his case or Work Permit?

    Thank you so much for your help.

  • #2
    Same thing happened to me. my individual hearing was postphone for more than one year and then when that time came they renewed for another year. In the meantime, he can renew his work permit with no problem. aslong as yu have a pending case with the IJ, yu can renew your workpermit. his status is ASYLE WITH PENDING ASYLUM CASE. just send a copy of the letter with the date of the individual hearing together with application form for work permit and this time he has to pay the application fee. I have a collection of work permits coz my case took about 5yrs.
    Application for Asylum: June, 2004
    I485 application: May 27th 2009
    Asylum based GC approval: August 31st 2009

    N-400 application sent - 06/06/13
    Text msg to confirm receipt - 06/11/13
    NOA received & dated - 06/10/13
    Fingerprint appointment - 07/08/13
    Walk in fingerprints done - 06/25/13
    Interview letter received - 08/05/2013
    Interview Dated - 09/09/2013 -- Passed!!!!
    Oath Date - 09/20/13 - Finally a Citizen

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    • #3
      At your request

      Once the case has been postponed at the request of the prospective asylee, the clock stops. The only way that it will continue running is after the hearing. There is nothing that the prospective asylee can do about it.

      The only time that the clock would continue running is if the judge postpones the hearing.

      I know that this not will help your anxiety but that is the way the system works.

      Regarding having an attorney or not, most of the people will strongly suggest having one for the hearing. Depending where you live you might find an attorney that might assist you without charging a fee.

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