“Stopping the Clock”—What It Means in U.S. Immigration Law
“Stopping the clock” shows up in a few high-stakes contexts. It usually means time stops counting toward a statutory requirement (or benefit) because of a triggering event. Here are the two most common—and most confusing—uses:
1) The Asylum EAD Clock
Applies to: People who applied for asylum and want a work permit under category (c)(8).
- How the clock works: After you properly file Form I-589, a clock starts toward 150 days. At 150 days, you may file Form I-765. USCIS can issue the EAD after 180 days (the “asylum EAD clock”).
- Stopping the clock: Certain applicant-caused delays pause accrual. For example, missing biometrics, asking to postpone an interview or hearing, not appearing, failing to submit translations, or filing last-minute motions that push the case off calendar.
- Restarting the clock: Fix the cause, such as completing biometrics, filing the missing evidence, or withdrawing the continuance. Then ask the asylum office/court to recalibrate the clock. Keep proof of filings and attendance; small delays can cost weeks of EAD eligibility.
Pro tip: Use a simple timeline log (I-589 receipt, biometrics, interview/hearing dates, any continuances). This way, you can contest incorrect clock pauses.
2) The Stop-Time Rule (Cancellation of Removal)
Applies to: People in removal proceedings seeking cancellation of removal. A non-LPR needs 10 years continuous physical presence. Certain LPRs need 7 years residence after admission.
- What stops the clock: Service of a Notice to Appear (NTA) with time and place, commission of specific offenses, or certain departures can cut off accrual of presence/residence.
- Why it matters: If the stop-time trigger occurs before you reach 10 (or 7) years, you may become ineligible. This remains true even if those years would have accumulated by your final hearing.
- Strategy: Scrutinize the NTA. Was time/place missing when served? Analyze criminal timelines, and document continuous presence, for example with taxes, leases, and school records. Case law on defective NTAs can be outcome-determinative. Importantly, motions to terminate or recalculate eligibility may restore your path.
Bottom line
“Stopping the clock” can delay work authorization (asylum EAD) or destroy eligibility (stop-time rule). Therefore, track your dates obsessively. Avoid applicant-caused delays, and have counsel audit NTAs and criminal timelines. This will keep your case on schedule—and your eligibility intact.
