i want to withdraw my asylum application
it will not affect also when i want to apply my citizenship?? Thank you very much! My sense is that you would probably be able to return to the US without much trouble assuming the H1b is approved and that the asylum case whether it is pending or withdrawn will not be a big obstacle. I want to leave US for forever to live in a different country. Should I withdraw the asylum application now while I-485 is pending or wait until I have my I-485 approved and receive my GC? During your interview, the officer will have your a file and the asylum decision (if any). Is there a USCIS page that says the 540 receipt people may have a photo displayed in everify that is different from their expired EAD ? Maybe a better approach is to file for Advance Parole (which unfortunately takes a long time, but you can try to expedite) and use that to travel and re-enter, or at least have AP as a back-up plan if you cannot re-enter on the F-1 visa. Thank you so much, is that possible you take over my case? If you filed before the old EAD expired, you received an automatic 540-day extension. Thank you. I would like to have an EAD in case I want to get a job outside of the organization that provides my G-4 visa. Probably the two most common scenarios that I see where people want to withdraw is when they obtain a Green Card based on marriage to a U.S. citizen, or when they leave the United States. How should I convince the visa officer because my family is still in the USA, but my business is in the third country where I intend to work Thank you so much, do you think is that ok i change my attorney if i am nit happy with him and judge will accept it?! AP would allow you to travel outside the US and return. I have a question. In terms of the RTD, if you have a passport, you can use that instead, since the RTDs validity period is so limited, but you have to be careful using your passport as an asylee I wrote about that on May 25, 2022. I do not do such cases, and I do not have anyone to recommend, but you might start with http://www.AILA.org, which has a referral service for immigration lawyers. It is not easy to reach a person, but if it gets routed the wrong way, you might never receive a receipt or it could be denied. I do think it is better if you can withdraw the case, and so maybe at least get started on that process sometimes, it only takes a few days or weeks; other times, it takes months. Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to: You may only file this application if you are physically present in the United States, and you are not a U.S. citizen. If you think you may be eligible for Cancellation, talk to a lawyer as soon as possible. Thank you for the answer! Tell me when did you apply your I 730 for your spouse and how long did you wait to get the message from USCIS. I keep getting TNCs and keep losing jobs because of this one issue, Good Morning Jason. I applied to Asylum in 2017 based on religious conversion and fear from my government and my brothers. Im in an exactly similar situation, I did my interview beginning of 2018 and did not receive any kind of decision yet. I have a pending asylum application for years. The declaration will include the following: Who you are (your full legal name or as noted on the application) My parents and all my 4 siblings all are US citizen except me.I am now 36 years old.my immediate elder sister is an Asylee who is a citizen now. At this time if you leave the US, you will be barred from returning to the US for 5 years. I have been renewing RTD every year thats like $220 and have missed work opportunities due to that. anyway, I feel you, like you, I work hard and pay taxes every year and haven`t used any help from the government, I miss my family every single day, I feel trapped and it is frustrating, I just want to say you are not alone in this, keep your faith and hope 1 Corinthians 13:13Three things will last foreverfaith, hope, and loveand the greatest of these is loveplease update me if you hear anything about your travel parole application or if you pursue mandamus lawsuit, I will consider it, if it is working for you. However, I do not know your case and I think it is crucial to talk to a lawyer before you try this. If you are in Immigration Court, you may be eligible for Cancellation of Removal (talk to a lawyer about that). I am sending the email for a withdrawal request. Then he advises me to withdraw my asylum application so that it will make things easy for him to approve our I-485, Then I told him that I read on on website online that withdrawing my asylum application before my I-485 is approved can jeopardize my adjustment of status. If you are in removal proceedings, you may apply with an immigration judge from the Executive Office for Immigration Review (EOIR). Maybe you want to talk to a lawyer about the different options, to see if there are any other ideas that might work. I know Republicans are evil for asylum seekers but M*Yorkas is no better too. Thank you, I am not sure what you mean by withdrew the case, but if the asylum case ended, then your child would not be able to be your dependent any more, since the child is over 21 years old. Reddit and its partners use cookies and similar technologies to provide you with a better experience. This process can take a year or more, depending on your country. Presumably, they match the email to the case that way. Archived post. You might try calling USCIS to see whether you can talk to a person about correcting the error: 800-375-5283. However, it seems that my government has never found out my activities(there are some evidence for that), and I want to go home and see my family because they are sick. My asylum case is pending for 5/6 years. May I ask who reviews the photo during everify process ? Is there any way I can a legal status as a Caregiver of my old sick US citizen parents ? I would talk to a lawyer to analyze the specifics of the case and have the lawyer map out in writing how you will get from where you are now to having a GC, including whether you have to leave the US and how that will work. Can I Apply for Asylum While On An F1 Student Visa? But this photo in the government record will be different from the one photo that in your expired EAD. Hi Jason, I have received msg from uscis that my I730 case transfer to Nvc on oct 1st 2022, I have emailed Nvc and they said your case is not in our system yet, do you share your recent experience how long it takes them to create your case? Could you please advise me on any issues that may arise from my travel outside of the United States while my asylum withdrawal application is pending? For more information, please see our The fact that asylum applicants are stuck for years in limbo, causing some to withdraw their cases, demonstrates how poorly our system is working. Otherwise, he probably would need to attend the interview. Certainly, you are justified to file a mandamus case. If you are granted a g.c based on your spouse then your asylum case has no meaning or you withdrawing it. I apologize for the confusion. I wrote more about AP on September 11, 2017. You can show that you did not abandon your residency with evidence of your connection to the US (address, job, assets, family members), but it is a risk, and that risk increases the longer you stay out (if you are out for 1 year or more, the presumption is that you have abandoned your status and so you will have to convince the US government that you did not do that). Look at the Special Instructions on the I-589 web page. However, I have not received a decision, and I feel the condition has changed --- according to some signs I see, persecution against me will be more unlikely than likely. Even if you withdraw your asylum application, you will still be barred. The above-listed Applicant has obtained a Green Card through marriage to a U.S. Citizen. Are there any risks if I withdraw my asylum application as Im looking to visit my family in my home country once my I-485 is approved? You should be prepared to explain why you returned and how you stayed safe. do I have to start coming back to the United States after how long to not lose my greencard even if I want to reapply or if I also decide to get a citizenship??? Thanks again! I have been maintaining a valid F1 status for years. 2 That is also a possible path to get a GC. (202) 328-1353 Ive 5 years in the Us, If you were a dependent on your mothers and if she is now a citizen, but you still only have asylum status, you are no longer eligible to get your Green Card. I really want to visit home as soon as receive my GC as one of my family members is sick. This could happen the same day ormore likelytake weeks or months. I have had clients travel home and no one has had any major problems, been blocked from entering, or blocked from citizenship. However, I have not received a decision on my application yet. For more information, see the Form I-765 webpage. Thank you once again for your guidance and support. !, why background check takes that much and DHS said it will take 3 months so they did not know we had hearing yesterday to order it early and the other thing have you ever had this kind of individual hearing experience that takes more than one day? Will i qualify for cancelation of removal. Cookie Notice Our I-130 case hasnt been decided yet which is pending. 3 I do not think so. Alsoand this is importantif you have dependents (spouse, children) on your asylum application, the case will be withdrawn for them as well. DISCLAIMER: All Case Results published here depend on specific facts and legal issues unique to the case. Therefore, I feel I should withdraw my asylum application in the US as that protection is not 100 percent justified anymore. Should that be considered a satisfactory answer? You may include your spouse and children who are physically present in the United States as dependents on your affirmative or defensive asylum application at the time you file or at any time until a final decision is made on your application. Thank you. Extremely grateful for the green card, is there a way not to be renwing RTD yearly considering that were also in recession. Keep in mind that withdrawing the case does not erase the fact that you filed for asylum in the first place, and so if you plan to return to your home country or engage in any other behavior that might be inconsistent with your asylum case, you should be prepared to explain yourself. Asylum Alert: Effective Nov. 15, 2022, affirmative asylum applicants may now file an online Form I-589, Application for Asylum and for Withholding of Removal. If we approve your application for employment authorization based on your pending asylum application, your EAD will be valid for up to 2 years. DISCLAIMER: Everything displayed on this site shall be regarded as general information and in no way should it be interpreted as legal advice. Failing to receive and acknowledge an asylum decision in person (if required). What would you advise me to do Jason in my case. I really do not understand the question, sorry. Jason, Thank you so much for your prompt reply and valuable insights regarding my asylum case. You may file for asylum if you are physically present in the United States and you are not a U.S. citizen. Is it easy to email the asylum office by myself to withdraw it or need to go thru my attorney for sensitive info explanation ? My question now is: should I withdraw my asylum application now while my I-485 is pending or wait on the withdrawal until I have green card.? Maybe those would help, but maybe also talk to a lawyer about the specifics to see what is the safest approach or to at least have a better idea about the risks. Talk to a lawyer about that, but it is very important that the I-589 asylum form be filed before the one-year anniversary of your friends arrival in the US (plus, the sooner you file, the sooner you can become eligible for a work permit, though this issue can also be complicated and you should discuss it with a lawyer as well). At this time, the option to file an online Form I-589 is only available for certain affirmative asylum applicants. When I will get the final decision of withdrawal my case? Is it possible for someone who crossed the border and is in the country waiting for immigration court hearing to get married to a US citizen and get a GC this way? Thanks! If you are reading this blog (which presumably, you are), you already know about the massive delays at our nations Asylum Offices. What did he do for asylum seekers? Reference your case number. Using the passport can be an issue, and so you should be prepared to explain why you did that. But there is some important information you should make sure to include: Make sure to address the withdrawal letter to the right USCIS office that is currently processing your application. 279(g) and are in removal proceedings; Are among the categories of applicants who must currently file by mail with the Asylum Vetting Center as outlined in the Special Instructions section of our. I do not think it takes longer to get a GC if you also have an asylum case, but I am not certain about that. However, you should be prepared to explain why you went and how you stayed safe, in the event that you are asked. 1. I have read you saying here multiple times that it is okay for an LPR based on asylum to travel using their national passport to a third neutral country as long as he/she can explain why and how they did so in case it is asked. There are often long delays after the interview, and so if he gets the GC during this wait, he can then request to withdraw the asylum before his decision. 2. If an immigration judge denies your asylum application, your employment authorization will terminate on the expiration date printed on your EAD, unless you appeal the immigration judges decision to the Board of Immigration Appeals (BIA) or, after BIA review, you appeal the BIAs decision to a federal circuit court. and any roughly idea how long typically the whole process takes to bring my spouse here in USA? i have completed 10 years. Hi Jason, I am planning to travel to my home country for two months and return to the US. 1 If his case is in court, he needs to file with the court and DHS (the prosecutor). I wrote about that on August 6, 2018 and (for marrying a GC person) on August 28, 2018. I havent seen my family in almost 8 years!!! Take care, Jason, I cant say I disagree but in the case of the asylum office, at least they have the excuse that Congress has forced them to deal with Afghan cases. The problem is that the F-1 visa is a non-immigrant visa, meaning you have to promise to leave once you are done.