Newark, NJ asked in Immigration Law for New Jersey

Q: If the asylum clock is stopped due to a request for time from the judge to bring a lawyer, when will it return to

If the asylum clock is stopped due to a request for time from the judge to bring a lawyer, when will it return to counting? Will it return after it was stopped, or will it make up for the period during which it was stopped?

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James L. Arrasmith
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Answered

A: When an asylum applicant requests additional time to find an attorney, the immigration judge may grant a continuance and stop the asylum clock. The asylum clock will resume on the date of the next hearing after the continuance.

However, the asylum clock will not make up for the time period during which it was stopped. In other words, the number of days that the clock was stopped will not be added back to the total time counted on the clock.

For example, let's say an applicant's asylum clock was at 30 days when they requested a continuance to seek legal representation. If the judge grants a 60-day continuance, the clock will be stopped for those 60 days. When the applicant returns to court after the continuance, the clock will resume from day 31, not day 91 (which would have been the case if the clock had continued running during the continuance period).

It's important to note that the asylum clock is used to track the 180-day waiting period before an applicant can apply for work authorization. The clock can be stopped for various reasons, including applicant-caused delays, and this can affect the timing of when an applicant becomes eligible to apply for an Employment Authorization Document (EAD).

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