You can withdraw the asylum case, as discussed above. As you know most countries require 90 days in passport before traveling which limits travel/work opportunities especially for individuals working in international development. He has hearing in San Antonio Court next Month.My Questions are: 1. To be an asylee of the US is an wonderful thing and place you under protection of the US government as long as you're outside US and you can apply for a refugee travel document which has allows you to visit plenty of countries a with visa-free option. Take care, Jason. i have been refered to immigration court. Take care, Jason. 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.? 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. Thank you. I think this is very rare and would only apply to people have criminal or terrorism bar issues. Will I get deported and how long it takes, so I can arrive at the airport early. My mom decided to stay here. 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. In most cases, the person would need to leave the US and get a waiver to return, but there may be (rare) exceptions. 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). When would be the best time to submit my withdrawal? I am a LPR based on asylum. Take care, Jason, Omg!!! Hi my friend, I have applied in Jan 2022 Sep 2022 they send my case to Nvc, since than waiting to hear back from Nvc. Hi Jason, To withdraw a pending I-130 application for a family green card, you can write I-130 Petition for Alien Relative. My boss is also someone the government publicly considered as a dissent. Thank you This thread is archived Also, I did a post on February 10, 2022 where I discuss this a bit (near the bottom). 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. #2 Withdrawal Reason The reason for withdrawing the application is optional but it is recommended. Thank you very much, I do not know. You will need the receipt number that we provided you after you filed your application. My mom took us to the Us as an asylum, she gets her greencard and declared us in the Us, after a while she gets her citizenship and I didnt still apply for my greencard yet, is my greencard process cancel because she gets her citizenship or I can still apply to get my greencard because Ive money with me. Whether you will be able to return on a tourist visa will depend on a host of factors not revealed in your question. Good luck, Jason. AOS was approved after very challenging RFE but God is always good . One solution is to get a Re-Entry Permit, form I-131, available at http://www.uscis.gov, which is valid for 1 or 2 years (depending on how long you had a GC before you get the permit) and allows you to remain outside the US and return for as long as the document is valid. It happens I doubt it has anything to do with you specifically and is a problem with DHS completing the check. Thanks again! And what the procedure in the airport? Take care, Jason. The problem is that it may be difficult to find a lawyer who can take a case on relatively short notice, and it will likely be more expensive for a new lawyer to get up to speed on a case prepared by someone else. 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. Meanwhile, I received my green card through my employer. my lawyer told me about a mandamus lawsuit as a last resort, but I am not interested because I am afraid that my application might be denied, just for suing the institution. Do you think if I withdraw my case I can come back and enter the US to continue my studies? However, you should be prepared to explain why you went and how you stayed safe, in the event that you are asked. Official websites use .gov Affirmative asylum applicants may not file an online Form I-589 if they: If you are eligible for asylum you may be permitted to remain in the United States. My all 3 siblings live in different states. Have my asylum case pending and in the same time filed family based AOS , had interview on June 2017 since that haven?t herd anything, had infopass month ago , was told it is still pending, don?t know what else can I do , or may be it is normal to wait this long in situation like mine. I have been on a G-4 visa for about 7 years and I applied for asylum last year based on the fear of persecution due to the regime change in my country. The problem is that the F-1 visa is a non-immigrant visa, meaning you have to promise to leave once you are done. I have a pending asylum application for years. You do not want USCIS to think you are commiting fraud by finding someone to marry you. For more information, please see our I want to travel to a third country to meet and greet family members. Whether it will be possible to get a student visa, I do not know, but school and some lawyers do such visas and so maybe they can help you prepare a strong application. USCIS has announced some goals for 2023, but I did not see anything about making the RTD valid for a longer period. My Question is that: 1. We cannot provide you with a sample of a withdrawal, as each person will have a different situation. I want my husband to get his green card through marriage and not asylum so is it fine to withdraw? If she can get to the US on a visa, maybe you can file for her in the US, but you need to be careful about that, since she could get into trouble if she enters the US as a tourist and then marries you it could cause USCIS to think that she lied about the tourist visa (by claiming that she planned to leave the US after her visit). By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Can a person with pending asylum application also apply for TPS (my country is on TPS)? However, they would probably be better getting EADs based on your spouse, assuming the spouse remains in the US. You should not abandon your asylum request at the time of submitting I-130. I see that Asylum Office has stated on the website not to include sensitive information such as SS/n and A Number in the header or body of the email unless encrypted or password protected. Given that life happens during this long wait, applicants sometimes want to withdraw their application for asylum. Look at the Special Instructions on the I-589 web page. Withdrawing the case too soon, before you have your residency, could result in a referral to Immigration Courtand this could easily derail your Green Card application. JDzubow(at)DzubowLaw.com, First, to be clear, the only asylum cases that can be withdrawn are those at the Asylum Office. There are many reasons for this, but the main reason is that until you actually have the Green Card, you cannot be sure whether or when you will get it. thank you for your reply. I am resident with As8 greencard category. !, 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? Hi, I have applied for asylum 2 years ago, and it is in pending status. Im confused. I guess that is possible, but generally, I think they will decide the case on the merits (and grant or deny), and this will not be affected by a lawsuit. Obviously, it would be better for everyone if people did not commit fraud, but I suspect that is human nature and it is not going away. You may apply for a Green Card 1 year after being granted asylum. When he has to go for Hearing? What would you advise me to do Jason in my case. I am planning to travel to my home country for two months and return to the US. Now, my question is this? Ill also follow your suggestion to contact the asylum office again and inquire about withdrawing my case, as it has been an unusually long time. So the photo will be different, I have in the past had employers indicating the two photos are different during everify process. The process is slow and annoying, but a starting point is the form I-589, available at http://www.uscis.gov. Maybe you want to talk to a lawyer about the different options, to see if there are any other ideas that might work. There is some sort of deal in the works related to Dreamers, but weve seen that before. Similarly, for people who leave the United States, I advise them to wait until they are outside the country before seeking to withdraw the asylum application. If you have applied for asylum at the asylum office, you can withdraw, but if you have no other status in the US, they will likely send you to court for removal proceedings. I came to USA with my mother when I was 14 years old in 2000. This page was not helpful because the content: Processes for Cubans, Haitians, Nicaraguans, and Venezuelans, Frequently Asked Questions About the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans, Consideration of Deferred Action for Childhood Arrivals (DACA), DACA Litigation Information and Frequently Asked Questions, Filing Tips for Deferred Action for Childhood Arrivals, DED Covered Country Certain Hong Kong Residents, Frequently Asked Questions About Uniting for Ukraine, Information for Afghan Nationals on Requests to USCIS for Humanitarian Parole, Frequently Asked Questions About Urgent Humanitarian and Significant Public Benefit Parole for Afghans, Filipino World War II Veterans Parole Program, Cuban Medical Professional Parole (CMPP) Program, Refugee Adjudications: Policy and Procedures, Refugee Processing and Security Screening, Affirmative Asylum Frequently Asked Questions, Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determination, Establishing Good Cause or Exceptional Circumstances for Rescheduling Affirmative Asylum Interviews, FACT SHEET: Implementation of the Credible Fear and Asylum Processing Interim Final Rule, Preparing for Your Affirmative Asylum Interview, Victims of Human Trafficking and Other Crimes, Victims of Criminal Activity: U Nonimmigrant Status, Victims of Human Trafficking: T Nonimmigrant Status, Resources for Victims of Human Trafficking and Other Crimes, Female Genital Mutilation or Cutting (FGM/C), Form I-589, Application for Asylum and for Withholding of Removal, Form G-1593, Certification by Attorney or Accredited Representative for Remote Participation in an Affirmative Asylum and/or NACARA 203 Interview, Form I-730, Refugee/Asylee Relative Petition, Form I-485, Application to Register Permanent Residence or to Adjust Status, Notice of Proposed Settlement and Hearing In Class Action Involving Detained Noncitizens Who Are Awaiting a Reasonable Fear Determination, Minor Children Applying for Asylum By Themselves, Immigration through the Nicaraguan Adjustment and Central American Relief Act (NACARA) Section 203, "How Do I" Guides for Refugees and Asylees, Basic Eligibility for Section 204(l) Relief for Surviving Relatives, Asylum Division Quarterly Stakeholder Meeting, I-589, Application for Asylum and for Withholding of Removal, Office of Refugee Resettlement Benefits and Services Available for Asylees. 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 You can email them to ask about postponing the interview maybe if you had more time, the GC case would get approved you can find their email if you follow the link under Resources called Asylum Office Locator. Amitab, Asylum processing and I-130 are 2 seperate processes. I dont think I will be able to take any new cases with court dates scheduled in the next few months. In the mean while I have I-140 approved and have recently applied for change of status I-485. I know there is a USCIS page saying some people can get 540 day receipt. Here is my phone number please [redacted], I took out your phone number as I do not think it is a good idea to make that public. I have my Individual hearing in February 2023. i came to this country on a work visa, then i applied for Asylum. To learn more, visit the Rosario Class Action page. Nonetheless the government in my home country changed and it is notthe same as whenI applied for asylum! If my passport is renewed, can there be any problems with renewing my G-4 visa given that I filed for asylum? If you were placed in expedited removal proceedings, you received a positive credible fear determination, and USCIS retained your asylum application for further consideration in an Asylum Merits Interview, please visit our Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determination page. Now when we checked online status of his Case on immigration court online status, it was updated today and showing that his case is scheduled in May 2024 in San Antonio Immigration court. Take care, Jason. I really do not understand the question, sorry. Another question I want to ask is that if I need to get the H1-b visa stamp at an overseas U.S. embassy that is not in my home country, Will the visa officer also question about why I withdraw my asylum and about using my passport to make sure my asylum case is not fraudulent? Since asylum cases are measured in geologic time, it may be wise to look for alternatives. 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 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. I know that the Biden Administration is trying to improve the situation, and hopefully, their efforts will reduce wait times and bring relief to long-suffering asylum applicants. Can he file his Political Asylum Case on form i589 direct to USCIS by Mail before going to Immigration Court? To withdraw your application, you will need to submit a Declaration of Intent to Withdraw Asylum Application stating that you would like to withdraw your asylum application immediately. Thanks! The fact that you withdrew your asylum case does not erase the fact that you filed for asylum, and so returning to the home country could raise issues about whether your asylum case was fraudulent, and you should be prepared to answer those. Thank you for sharing your experience. 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. I have been renewing RTD every year thats like $220 and have missed work opportunities due to that. Im traveling to Ethiopia. It looks like USCIS took some kind of LIFO policy for the EAD renewal application as well. Ive received a receipt of confirmation. I have a SSN and work permit, so I stay here legally. It is easiest if the person is a US citizen. The fact that asylum applicants are stuck for years in limbo, causing some to withdraw their cases, demonstrates how poorly our system is working. Take care, Jason. So I am not gonna judge which one is right which one is wrong, but with respect to 2023, is there any sign that this situation might change ? I wanted to inquire about traveling outside of the United States while my asylum application is pending. 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 am asylum seeker with my mom. I am concerned that the CBP at the airport will make it hard for me to go through the customs or question my withdrawn asylum. Reddit and its partners use cookies and similar technologies to provide you with a better experience. 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. 1. Also, the lawyer should help decide whether you need Advance Parole before you leave the country, so you will have that if anything goes wrong with the H1b application. Assuming you get a green card, you can withdraw your asylum case. 3. I think it is unlikely that you will have problems, and while it seems to me that in many ways, country conditions are worse now than before, that will not be known to most USCIS officers. 1 If his case is in court, he needs to file with the court and DHS (the prosecutor). I wrote about returning to the home country after a grant of asylum on January 6, 2016 maybe that would help. Even if you withdraw your asylum application, you will still be barred. However, I do not know your case and I think it is crucial to talk to a lawyer before you try this. Usually you can see this information in your Receipt Notice (I-797) issued to you when USCIS receives your petition. Take care, Jason. A normal application takes over a year. 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? I think that is possible, but I dont know if it is sufficient. 4 I do not know your case, but for true marriages where there are no criminal or immigration issues, most everyone gets a GC. Even at your I-130 interview, you should stick to your story about your asylum and your persecution. Chapter 6 - Termination of Status and Notice to Appear Considerations. I think that answer is very satisfactory and I think it is unlikely that you would have any problem with the US government under those circumstances. Tengo una solicitud de asilo junto con mi hijo, yo necesito regresar con urgencia a mi pas de origen pero mi hijo se queda, que debo hacer para que mi partida no afecte a mi hijo, Sorry, my Spanish is not enough to answer in Spanish, but your child could file his own own case for asylum. Im going for 3 weeks and back. therefore it seems wise to withdraw my application. i have completed 10 years. I would talk to a lawyer before trying this, as you need to be informed about the different possibilities, but you should be prepared to answer questions at the embassy about why you used your passport. Do you have any experience how long EAD renewal for pending Asylum applicants take these days? But if you are not in court, I know of no way to get permanent status because you are a caregiver. And then I now find outall these people are whats calledfiction writersits such a slap on my faceThey were able to invent stories, deceive asylum officers and IJs and be granted asylum and have such high success rate. My guess is that if already have a valid visa in the passport, you will probably be able to return to the US, but if you need a new visa, that may be more difficult to get. How do you do it? You are not eligible to receive an Employment Authorization Document (EAD) until your asylum application has been pending for a total of 180 days. However, this does not erase the fact that you filed for asylum, and if the return trip causes the US government to suspect that the asylum case was fake, it could create problems for you. Of course, we do not know, so that is only a guess. Also, I do think there is some risk even if you have the visa in your passport. Lets say that you have decided to withdraw your application for asylum. Is it the govt or someone from the employer side? When I will get the final decision of withdrawal my case? I used to really think that this group suffered great harm and they worked hard on their asylum applications, they rightfully deserve asylum, and I dont think my experience is one tenth of whats mentioned in their stories. Hi Jason, Take care, Jason. Hi SULU , The concern is that the return trip could cause the US government to believe that the asylum case was fake, and this could have immigration consequences. I wrote more about AP on September 11, 2017. You are not eligible to receive an EAD until your asylum application has been pending for at least another 30 days, for a total of 180 days, commonly referred to as the 180-Day Asylum EAD Clock. Even if I face a problem back home I would rather go and meet my mother and deal with the threat than regret it all my life. If you withdraw a pending case while you are in the US and have no status, you will be placed in removal proceedings and eventually ordered deported, which makes it hard to return. Should that be considered a satisfactory answer? Do you foresee a problem with the entry port when I travel back to the US? If they ask, can I say that using the RTD becamevery challenging because of short validity time and long processing time and that I am not afraid of the current government in my home country? Is it easy to email the asylum office by myself to withdraw it or need to go thru my attorney for sensitive info explanation ? In the email itself, we include the reason why the person seeks to withdraw the case (for example, the person left the U.S. or the person received a Green Card) and we attach proof about that (visa and passport stamps showing that the person left the country, or a copy of the Green Card, front and back). Our countrys asylum system represents a commitment to protect people facing human rights abuses. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to email a link to a friend (Opens in new window), Click to share on Reddit (Opens in new window), Man Connected to Terror Plot Was Failed Asylee, Attention Asylum Seekers! How will it be?? You can go to the home country even with the asylum case pending. I would rely on the online system. Once you have that, you can apply for the GC. We came because she declared us and shes now a US citizen. You can follow the link under Resources called DHS Office of the Chief Counsel and you will find the contact info. If they have not done so, one of your parents can file an I-130 petition for you. and our I am not feeling a real threat back home since I will just have a short visit, keep a low profile, and not practice my religion there. I applied for asylum last year due to fear of potential political persecution in my home country. Whether you have asylum or withdraw the case should not matter and you should be allowed to re-enter at long as you have a valid H1b visa (the H1b is a dual intent visa, meaning that even though it is a non-immigrant visa, it does not matter if you also have an intent to immigrate here permanently, through asylum or some other path). Thank you. If you withdraw asylum and try to get a B visa, I think you will have a very difficult time. !, please guide me, Thank you. I have asked the USCIS Customer service to expedite my RTD application and sent the supporting documents. Take care, Jason. My friend who crossed Mexico Border last month and was detained, He released today. 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. There is no fee to file this petition. If you are in removal proceedings, you may apply with an immigration judge from the Executive Office for Immigration Review (EOIR). Thanks. The government I feared is no longer in power and conditions have improved. If you are in the U.S. and have no legal status here, withdrawing the application will result in a referral to Immigration Court (assuming that the Asylum Office even allows you to withdraw the application under these circumstances). Also, I never renewed my passport as it was issued before I applied for asylum andis still valid! finally my journey has ended positively and green card is in hand! Can I Withdraw My Asylum Application in 2023? His case refereed to Immigration Court San Antonio. Thank you. Secure .gov websites use HTTPS I do not under stand DHS ( prosecutor) where is he? Thanks for your kind guidance. For additional information about establishing good cause, please review Establishing Good Cause or Exceptional Circumstances . If you are still in lawful G-4 status, you can withdraw the case at any time make sure to provide evidence to the asylum office that you are still in valid status. But my question is what could be considered a satisfactoryanswer to USCIS/CBP in case one is asked? My green card is not based on Asylum; however, my withdrawn application might appear. Take care, Jason. 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. An approved I-140 allows you to file an adjustment of status (I-485) or go through consular processing to become a permanent resident (get a green card), an approved I-140 does not mean that your green card is approved. Take care, Jason. I guess you can try sending your name and the last 3 digits of your A number. I have a question. Since asylum cases are measured in geologic time, it may be wise to look for alternatives. Our cases got united. (Some asylees choose to obtain EADs for convenience or identification purposes, but an EAD is not necessary to work if you are an asylee.). Therefore, I feel I should withdraw my asylum application in the US as that protection is not 100 percent justified anymore. You can try, and if it does not work, I guess you can send more information. You may file a Form I-765 based on your pending asylum application 150 days after you file your asylum application. There are currently about 543,000 pending cases, and some applicants have been waiting for an interview for six, seven, eight years or longer. Otherwise, you will be collecting . However, you still need to explain why you used your home country passport and if you go to your country, you should be prepared to explain that if the US government concludes that your old asylum case was fake, they could try to take away your GC. If yes can i apply for it now or do it at my individual hearing. You can ask to cancel (withdraw) an application for a visa, visa extension or citizenship. Who are the best lawyers for these cases, if anyone could please share experience/ feedback I would really appreciate it. Note that an attorney-client relationship will only be established after weve established that there is no conflict of interest. But if you have a good reason for returning (which it seems you do) and you can explain how you stayed safe, you could still potentially win the asylum case and avoid any accusation of fraud. ? If you filed before the old EAD expired, you received an automatic 540-day extension. My asylum case is pending for 5/6 years. Take care, Jason. Take care, Jason. If your case is in court and you leave, you will be considered deported, and that normally comes with a 10 year bar to returning (there could be other bars as well). 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. Do you think this is a trend indicating that B*den administration is changing atitudes to wards immigration issues ? 3. if i want back home After withdrawal the case still going to be issue when i come back to us again? 1. I already have a ticket for my home country for January because I will be having a wedding with my fiance there. Paid my taxes and dont have any criminal records. I would get the process started, but if you have a valid GC and are not returning to your home country, I doubt this would be an issue for you. I really appreciate all the effort you put into creating this amazing platform, and for taking the time to share such relevant content with us.
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