Q: How can I restart my asylum clock while I’m in process of removal proceeding.
My asylum application has referred to an immigration judge due to failure to appear interview. However, my previous attorney didn’t notify me about this interview and he changed the address as his address. Thus, I didn’t receive any notifications from USCIS, which caused my case has been transferred to immigration court and my asylum clock stopped by 116 days. I’m wondering if I can request to restart my clock ?
A:
There are a number of applicants whose attorneys never received notice for the asylum hearing. This is not necessarily the attorney’s fault.
The law requires that USCIS send notice. The USCIS claims that it is not responsible if notice is ever received. A lawsuit may have to be filed to order USCIS to restart the clock. Only USCIS can do so, where it had control and made the decision. The USCIS controls whether people can receive employment authorization.
As a result, I strongly recommend an appointment with a competent and experienced immigration attorney willing to file a writ of mandamus, where you are capable of supporting the litigation. There are likely multiple applicants who can make such a claim, so some attorneys may be in a better position to represent more than one client.
The above is general information, not legal advice, and does not create an attorney client relationship.
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