HELP ME PLZ!
I applied to asylum in August 2010. I have been referred to court. In Feb., I applied for EAD that was exactly after 162 days. I received a letter yesterday says my request is denied because I applied before 180 days. I assume the clock has stopped. I have no idea what should I do.
180-Day Clock
Section 208(d)(2) of the INA provides that, unless the applicant is otherwise eligible for
employment authorization, employment authorization cannot be granted on the basis of a
pending asylum application prior to 180 days after the date the asylum application was
properly filed. The 180-day clock remains running unless the applicant’s actions cause an
interruption or delay in the processing of the application.
The Clock Query (KLOK) screen in RAPS indicates how long the clock has been running,
any stoppage (tolling) of the clock that has occurred at any time in the process, and the
earliest possible date the applicant is eligible to apply for an EAD. Although the applicant
cannot be granted an EAD before 180 days have passed, the applicant may apply after 150
days have passed, to give USCIS time to process the EAD application. If the asylum
application is denied between the 150th and 180th days, the EAD application must be denied.
Actions by the applicant that would toll the clock include, but are not limited to, requests to
reschedule, failure to appear for the interview or pick-up appointment, and failure to provide
a competent interpreter, which may result in a rescheduling of the asylum interview.
If the Asylum Office denies the asylum application, the clock stops. The clock remains
stopped, even if the applicant is subsequently placed into removal proceedings. This would
occur, for example, if the Asylum Office Director used his or her discretion to issue an NTA
to an applicant who was no longer in status, and who filed a Motion to Reopen and
Reconsider which was dismissed. See Section III.M.3 below.
For a complete list of RAPS commands, which affect the 180-day clock, please refer to
Impact of RAPS Actions on the “KLOK” (Appendix 20).
I just copy and paste it from ( AffrmAsyManFNL[1])