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Confused in New York City

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  • Confused in New York City

    I am actually on removal proceeding. I have a lawyer, unfortunately i think he has a lot of cases going on so he doesn't really have time to take care of mine. The IJ gave me a date for my master hearing which is August 13,2004. In the meantime my clock is stopped at 124 days. it was stopped because i didn't show up at the first appointement with the IJ because i received the notice to appear a day after. So it wasn't my fault if i didn't appear therefore my clock was wrongfully stopped and i received a notice for removal proceeding. I took a lawyer who filed a motion to reopen. I had another appointement on Dec 2nd, 03. That's when the IJ gave me August 13 as a master hearing date. I ask the lawyer to ask the IJ about my clock and she said that wasn't on her power but the clerk ,who was assisting the IJ in the room, told my lawyer to get back to him in a month and he'll see what he can do. It's been more than a month, i called my lawyer and he said there is nothing he can do and that i have to wait. The problem is I can't wait till August 13 to apply for the working permit. Im confused and in disbelief. I don't know who can do what and don't know myself what to do.

  • #2
    I am actually on removal proceeding. I have a lawyer, unfortunately i think he has a lot of cases going on so he doesn't really have time to take care of mine. The IJ gave me a date for my master hearing which is August 13,2004. In the meantime my clock is stopped at 124 days. it was stopped because i didn't show up at the first appointement with the IJ because i received the notice to appear a day after. So it wasn't my fault if i didn't appear therefore my clock was wrongfully stopped and i received a notice for removal proceeding. I took a lawyer who filed a motion to reopen. I had another appointement on Dec 2nd, 03. That's when the IJ gave me August 13 as a master hearing date. I ask the lawyer to ask the IJ about my clock and she said that wasn't on her power but the clerk ,who was assisting the IJ in the room, told my lawyer to get back to him in a month and he'll see what he can do. It's been more than a month, i called my lawyer and he said there is nothing he can do and that i have to wait. The problem is I can't wait till August 13 to apply for the working permit. Im confused and in disbelief. I don't know who can do what and don't know myself what to do.

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    • #3
      the law says that the time stops at the moment alein becomes eligable for removable or the visa runs out. at 123 days it wouldn't really matter b/c for most chancelation of removal cases if you're legal resident you must have 7 or if ilegal 10 yrs. accrued time. While in removal you don't have a right to work authorization usually they'll give it to you if your case is sympathetic or they don't want you to be a burden on US spouse or children... can't think of any other scenairios

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      • #4
        Thanks Pandora for answering.
        Actually i spoke today with the immigration clerk. He explained to me that my clock was stopped by mistake. I didn't have a chance to defend my case because i didn't show up at the hearing for the simple reason that i didn't get the notice on time. So the IJ put me on removal proceeding. After i filed a motion to reopen i was given a new date August 13 to have the master hearing. Therefore my clock shouldn't be stopped. He told me that it's a computer problem with the system which can only be fixed in Washington! He let them know about the situation and that's all he can do and he doesn't know how long it's gonna take b4 it's clear. I asked him if i was the only one in this situation and he said that it's been happenning many times lately. I asked him if there is somebody i can call in Washington, he advised me to wait a week and call him back. So we'll see.

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