Notice to Appear and EAD Clock

#1
Hi,

After the interview in AO, I got the Referral Notice with the statement that my asylum application has been referred to the IJ. The reason is "Material inconsistencies...". When I picked up my decision in the AO I also got Notice to Appear with the following statement:

"You are ordered to appear before the immigration judge of the United States Department of Justice at [Address] on [Date] at [Time] to show why you should not be removed from the United States based on the charges above." Is this statement about the date and time of the scheduled MCH?

Why when I called to the EOIR Hotline on the tel. 800-898-7180 and entered My A-number the answer is: "The A-number information did not match our system or the case didn't file to the Immigration Court."?

On the USCIS website I can see that my EAD clock is showing the same number of days as a couple of days before. Is my EAD clock stopped or still running? How can I check my current EAD clock's status?

PS The Date of the Referral Notice is May 02. The Date of the Notice to Appear is May 01.

Thank you!
 

Adamd

Active Member
#2
Hi,

After the interview in AO, I got the Referral Notice with the statement that my asylum application has been referred to the IJ. The reason is "Material inconsistencies...". When I picked up my decision in the AO I also got Notice to Appear with the following statement:

"You are ordered to appear before the immigration judge of the United States Department of Justice at [Address] on [Date] at [Time] to show why you should not be removed from the United States based on the charges above." Is this statement about the date and time of the scheduled MCH?

Why when I called to the EOIR Hotline on the tel. 800-898-7180 and entered My A-number the answer is: "The A-number information did not match our system or the case didn't file to the Immigration Court."?

On the USCIS website I can see that my EAD clock is showing the same number of days as a couple of days before. Is my EAD clock stopped or still running? How can I check my current EAD clock's status?

PS The Date of the Referral Notice is May 02. The Date of the Notice to Appear is May 01.

Thank you!
1.Maybe 1800 number still didn’t get your case number yet
2. You can check online scroll down you will see this “USCIS for *** days, not including delays, and the USCIS portion of the EAD Clock is “currently running” or I think it says stopped, depending on your case decision

Good luck
 

7of9

Active Member
#3
Hi,

After the interview in AO, I got the Referral Notice with the statement that my asylum application has been referred to the IJ. The reason is "Material inconsistencies...". When I picked up my decision in the AO I also got Notice to Appear with the following statement:

"You are ordered to appear before the immigration judge of the United States Department of Justice at [Address] on [Date] at [Time] to show why you should not be removed from the United States based on the charges above." Is this statement about the date and time of the scheduled MCH?

Why when I called to the EOIR Hotline on the tel. 800-898-7180 and entered My A-number the answer is: "The A-number information did not match our system or the case didn't file to the Immigration Court."?

On the USCIS website I can see that my EAD clock is showing the same number of days as a couple of days before. Is my EAD clock stopped or still running? How can I check my current EAD clock's status?

PS The Date of the Referral Notice is May 02. The Date of the Notice to Appear is May 01.

Thank you!
Regardless of the confusion in the dates, the material fact is that the AO has referred your case to IJ. EOIR lawyers, even the IJ are also confused by the dates right now, like you.

Practical steps you can take:

1. Go to the clerk of court (where your case will be heard, or should have been heard). The clerk of court has all the information you need! She (she is usually a she, from my experience), has the most up to date information about your case. She is the one who enters that information into the phone system (the one you are calling).

2. Based on the outcome from your discussion with the clerk of court, a) you will get a new court date (yep, clerk of court schedules them), and b) find a pro bono lawyer fast. If the court date (master calendar hearing) is months away, sweet, then you guys (you and your lawyer) have lots of time to prepare your case. However, if there is no time, no problem. Show up for the hearing with your lawyer, and request a continuance (danger: the judge can re-reschedule the case several months in the future if you guys ask for a continuance)....its a 5 minute process to ask for this.

I went through the court system. If you stay on top of their requeriments, it's no big deal. Follow their dates, etc. However, failure to comply with their dates/requests, EOIR lawyers win the case uncontested and the judge can enter a deportation order. My advice is do not call them, go and hang out with the clerk of court to find everything about your case. EOIR lawyers count on you being confused about the system to win ( = get you deported), however, if you show up for all the hearings, and you put some kind of documents together with your lawyer arguing your case, probability of winning is very very high.

PS: EOIR lawyers, like public defenders, are handling large amounts of cases...they usually have no time to fight you if you put together a coherent case.
PSS: IJs have huge backlogs, they hear up to 10 cases a day. Again, as long as you put together a coherent case (supporting letters, supporting evidence, clear concise story about your situation), they will grant it. They have no time to dig into details.

Good luck.
 
#4
1.Maybe 1800 number still didn’t get your case number yet
2. You can check online scroll down you will see this “USCIS for *** days, not including delays, and the USCIS portion of the EAD Clock is “currently running” or I think it says stopped, depending on your case decision

Good luck
Thank you for your reply, @Adamd !

When I scroll down my Case Status "Decision Was Picked Up" Message on USCIS website it shows:

"Your case has been pending with USCIS for 50 days, not including delays, and the USCIS portion of the EAD Clock is currently running."

The number of days shown does not change for about a week. For me, it is unclear, whether my watch is still running or they have been stopped until the date of the MCH.
 
#5
...If the court date (master calendar hearing) is months away, sweet, then you guys (you and your lawyer) have lots of time to prepare your case. However, if there is no time, no problem. Show up for the hearing with your lawyer, and request a continuance (danger: the judge can re-reschedule the case several months in the future if you guys ask for a continuance)....
Thanks for the detailed advice, @7of9 . I really appreciate it.
If the MCH date will be unchanged (actually according to Notice to Appear it is in 2 weeks from now) and my lawyer will request a continuance will it stop the EAD clock for me? As far as I know, the Individual hearing can be scheduled years after the Master hearing.
 

7of9

Active Member
#6
Thanks for the detailed advice, @7of9 . I really appreciate it.
If the MCH date will be unchanged (actually according to Notice to Appear it is in 2 weeks from now) and my lawyer will request a continuance will it stop the EAD clock for me? As far as I know, the Individual hearing can be scheduled years after the Master hearing.
Yep, a continuance stops the clock...mine stopped at 60 days one the continuance was granted. A continuance is bad as it stops the clock, but is good because it gives you time tp put together a good case. my case was scheduled 16 months in the future...bad, but I won the case.
 
#7
@Adamd @7of9 Finally, my case appeared in EOIR hotline but this is not the end of the story :oops:
From the hotline, I learned that my MCH has been rescheduled to the beginning of August (about 3 months from the old date). What is interesting I still have not received a letter with the new NTA. Should they send it to me in this scenario?
A couple of times a week I called the EOIR hotline to make sure my EAD clock is still going. And my clock was still running. But last week I noticed that the number of days passed no longer changes. I called EOIR hotline number 3 days in a row and now I am sure that my clock has been stopped at 78 days.
What could be a reason for that? How can I find it out for sure?
PS I did not file any motions, change of address, literally nothing at all.
Thank you in advance, guys!
 

BetterWorld

Registered Users (C)
#8
@Adamd @7of9 Finally, my case appeared in EOIR hotline but this is not the end of the story :oops:
From the hotline, I learned that my MCH has been rescheduled to the beginning of August (about 3 months from the old date). What is interesting I still have not received a letter with the new NTA. Should they send it to me in this scenario?
A couple of times a week I called the EOIR hotline to make sure my EAD clock is still going. And my clock was still running. But last week I noticed that the number of days passed no longer changes. I called EOIR hotline number 3 days in a row and now I am sure that my clock has been stopped at 78 days.
What could be a reason for that? How can I find it out for sure?
PS I did not file any motions, change of address, literally nothing at all.
Thank you in advance, guys!
How and where to check clock status?
 

7of9

Active Member
#9
@Adamd @7of9 Finally, my case appeared in EOIR hotline but this is not the end of the story :oops:
From the hotline, I learned that my MCH has been rescheduled to the beginning of August (about 3 months from the old date). What is interesting I still have not received a letter with the new NTA. Should they send it to me in this scenario?
A couple of times a week I called the EOIR hotline to make sure my EAD clock is still going. And my clock was still running. But last week I noticed that the number of days passed no longer changes. I called EOIR hotline number 3 days in a row and now I am sure that my clock has been stopped at 78 days.
What could be a reason for that? How can I find it out for sure?
PS I did not file any motions, change of address, literally nothing at all.
Thank you in advance, guys!
1. Don't worry about the clock...it can only stop if you ask for time from the judge. What you can do right now is prepare to submit your EAD application...if 150 days have passed, or are coming to pass soon. The clock can stop for weeks on the hotline, but then it jumps. Do not worry about the clock: focus on the receipt date on your case. Count the days from then.
2. Like I said last time, all the documents you need, the Clerk of Court has that information. All you need to do is show up and collect them. Once your case is referred to the court, the court system takes over until the case is concluded. USCIS takes a back seat. I used to go to court all the time. I learned a great deal. I heard other people's situations, I saw the whole setup. It gave me confidence...I got to focus on my facts, instead of the intimidation of being in court. I encourage you to go there several times if you can.

Hope you have found a pro bono lawyer to help put together your case. Some of the files my team put together:

1. If you say torture, doctor should submit exam evidence
2. If you say trauma, psychiatrist exam to be submitted
3. If you have zero criminal issues, submit your file from the FBI...mine was hundreds of pages, but clean.
4. If you say killings back home, submit State Department Human Rights report(s), focus on events affecting your case
5. If you say credible fear, submit evidence
6. Are you a good member of the community? Submit letters of support from community members
7. You are a Journalist? LGBT? Submit evidence

Some of the things to think about as you guys put together your case. Good luck!
 

BetterWorld

Registered Users (C)
#10
1. Don't worry about the clock...it can only stop if you ask for time from the judge. What you can do right now is prepare to submit your EAD application...if 150 days have passed, or are coming to pass soon. The clock can stop for weeks on the hotline, but then it jumps. Do not worry about the clock: focus on the receipt date on your case. Count the days from then.
2. Like I said last time, all the documents you need, the Clerk of Court has that information. All you need to do is show up and collect them. Once your case is referred to the court, the court system takes over until the case is concluded. USCIS takes a back seat. I used to go to court all the time. I learned a great deal. I heard other people's situations, I saw the whole setup. It gave me confidence...I got to focus on my facts, instead of the intimidation of being in court. I encourage you to go there several times if you can.

Hope you have found a pro bono lawyer to help put together your case. Some of the files my team put together:

1. If you say torture, doctor should submit exam evidence
2. If you say trauma, psychiatrist exam to be submitted
3. If you have zero criminal issues, submit your file from the FBI...mine was hundreds of pages, but clean.
4. If you say killings back home, submit State Department Human Rights report(s), focus on events affecting your case
5. If you say credible fear, submit evidence
6. Are you a good member of the community? Submit letters of support from community members
7. You are a Journalist? LGBT? Submit evidence

Some of the things to think about as you guys put together your case. Good luck!
Great Tips !

1. If it was many years ago, How can one get evidence from Doctor?
5. What kind of evidences can be submitted
 
#13
Please share your time line
03/15/2019 – Case Received by USCIS
03/22/2019 – Biometrics scheduled
03/29/2019 – Interview scheduled
04/09/2019 – Biometrics completed
04/18/2019 – Interview Completed
05/02/2019 – Decision Picked Up. Referred to the Immigration Court. NTA picked Up. MCH scheduled to 05/24/2019
05/12/2019 – MCH rescheduled to 08/09/2019
 
#14
1. Don't worry about the clock...it can only stop if you ask for time from the judge. What you can do right now is prepare to submit your EAD application...if 150 days have passed, or are coming to pass soon. The clock can stop for weeks on the hotline, but then it jumps. Do not worry about the clock: focus on the receipt date on your case. Count the days from then.
Thank you, @7of9
My lawyer visited the court, and ask the clerk to check why my clock stopped. The clerk said it was a "glitch" and did something. Next day my clock jumped just like you said. And now the clock is showing the proper amount of days elapsed.
 
#16
03/15/2019 – Case Received by USCIS
03/22/2019 – Biometrics scheduled
03/29/2019 – Interview scheduled
04/09/2019 – Biometrics completed
04/18/2019 – Interview Completed
05/02/2019 – Decision Picked Up. Referred to the Immigration Court. NTA picked Up. MCH scheduled to 05/24/2019
05/12/2019 – MCH rescheduled to 08/09/2019
Is 08/09/2019 your second master hearing or individual hearing?
 
#17
Hello Guys,
I have a quick question.
My case is referred to immigration court but now I have change my address and I want my case to be transferred from one immigration court to another court in same State.
Is it possible?
If yes will it stop my EAD clock?
And how can I do this?
Please
 

BetterWorld

Registered Users (C)
#18
Hello Guys,
I have a quick question.
My case is referred to immigration court but now I have change my address and I want my case to be transferred from one immigration court to another court in same State.
Is it possible?
If yes will it stop my EAD clock?
And how can I do this?
Please
Any reason for this change? Remember this will stop the clock
 

BetterWorld

Registered Users (C)
#19
03/15/2019 – Case Received by USCIS
03/22/2019 – Biometrics scheduled
03/29/2019 – Interview scheduled
04/09/2019 – Biometrics completed
04/18/2019 – Interview Completed
05/02/2019 – Decision Picked Up. Referred to the Immigration Court. NTA picked Up. MCH scheduled to 05/24/2019
05/12/2019 – MCH rescheduled to 08/09/2019
MCH reschedule by you or court?
 
#20
@BetterWorld By the court. I picked up the NTA in the asylum office together with the decision. And It looks like the asylum office was too optimistic with the MCH date provided in the NTA. In my opinion, they are doing their best to push you to the Individual hearing before the 150 days of EAD clock are gone. But apparently, the backlog in court is too big to make it happen that fast.
 
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