#5. Take care, Jason. Its been 3 years and still pending. The bottom line is that you cannot freely leave the US without serious consequences. Is it easy to email the asylum office by myself to withdraw it or need to go thru my attorney for sensitive info explanation ? Im confused. In terms of the EAD, you can apply for that 150 days after the asylum case was received, assuming you have not caused any delay by missing an appointment (and of course, assuming that you did not withdraw the asylum case). You should not abandon your asylum request at the time of submitting I-130. Do you happen to be a healthcare worker ? Thank you so much for the advice! Secure .gov websites use HTTPS Hi Jason,I applied for an ead based on Asylee status but I used category c05 instead of A05 which is the correct one,I still havent received a receipt in almost two months so I can correct it,do you think this mistake can cause me problems in future applications? Can I cancel my application and go to my home country using my home passport? Take care, Jason. Reference your case number. I can confirm that closing your asylum case does not help with I-485 (in fact, only adds scrutiny). Take care, Jason. However, I got a green card through marriage. My J1 student visa is still valid. My boss is also someone the government publicly considered as a dissent. However, I have not received a decision on my application yet. 2. I really want to visit home as soon as receive my GC as one of my family members is sick. Yes , it's already withdrawn after I left USA. Hopefully you will hear good news on your EAD renewal soon. What is the possibility of having a green card, if married and filed 1 year b4 the court date? Thank you for your guidance. Thanks! Since asylum cases are measured in geologic time, it may be wise to look for alternatives. thank you for your reply. Therefore, I feel I should withdraw my asylum application in the US as that protection is not 100 percent justified anymore. If you withdraw the case before you leave, you could be referred to Immigration Court anddepending how the court case endsthis could make it much more difficult to return to the U.S. in the future. without wasting time andany more money i plan to do go ahead. Also, the regime that my mother had fled the country to change and there is another new president and a very nice new administration in place. ALERT: If you are applying for your initial (first) employment authorization based on having a pending asylum application, you may be a member of the class action case, Rosario v. USCIS, Case No. We got our GC through work and now we have to withdraw the asylum case. Reddit and its partners use cookies and similar technologies to provide you with a better experience. My Question is that: 1. hello friends i am in a fix as i believe my asylum application "does not hold water". Will it be automatically withdrawn if I leave the US? I do not think it will cause problems in future applications, but it may cause a problem in this application. It appears you are in removal proceeding. I have applied last week of October, 2022 and got my card before the end of November, 2022 (It literally took less than 4 weeks). File Online Take care, Jason. Can I Apply for Asylum While On An F1 Student Visa? Thank you. For more information, please see our Do you foresee a problem with the entry port when I travel back to the US? Thank you. Thank you for the article! Have you seen people with withdrawn asylum cases face problems in naturalization if they travel back to their home country? Thank you for your kind help. I already have my green card through EB-2 NIW and also submitted an application to withdraw my asylum application three years ago. This process can take a year or more, depending on your country. I have a pending asylum application for years. For a case at the Asylum Office, there are really only a few situations where you would want to withdraw the asylum claim: (1) Where you have left the United States; (2) Where you have received a Green Card; or (3) Where you have some valid non-immigrant status, such as an H1b visa that allows you to remain lawfully in the United States. I have a question. Please find attached the following: Please let me know if you have questions or need any additional information. 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. Make sure to use your name exactly as it appears on your asylum receipt. The process is slow and annoying, but a starting point is the form I-589, available at http://www.uscis.gov. 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? 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. I have not traveled to my home country since then, however, my mother is sick and close to her end days and I want to go and meet her. Take care, Jason. While waiting to withdraw it, can i go back home for visit and back avian without problem or should just wait to drop it first ? Without that, I am not sure whether they can match your email to the case. Jason Im asylum based green card. Take care, Jason. Hi Jason, You can follow the link under Resources called DHS Office of the Chief Counsel and you will find the contact info. Wash. July 26, 2018). Nonetheless the government in my home country changed and it is notthe same as whenI applied for asylum! Thank you, You need to have to have 10 years before the US government issues the Notice to Appear (the document initiating removal proceedings). Can I mention my A number as A#******123 and my receipt number as ZCH*******123 or do you suggest writing them fully in the email? and any roughly idea how long typically the whole process takes to bring my spouse here in USA? I want to leave US for forever to live in a different country. In most cases, the person would need to leave the US and get a waiver to return, but there may be (rare) exceptions. I do think this is more risky, as they could accuse you of fraud and also, if you end up doing the asylum case, you will most likely be denied asylum. 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. Our I-130 case hasnt been decided yet which is pending. Assuming you get a green card, you can withdraw your asylum case. Thank you so much for your super helpful response to my question! Yes, you may withdraw your application for asylum, by writing a letter to the asylum office adjudicating your case (it should be in your receipts from the petition). 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. It sounds like you have an explanation. For Address change he has to go San Antonio Court or Dallas Court? Hi Jason. , just less than 3 month i will have another part of my individual hearing? Hi Jason, i have a pending asylum case and Ive just received my GC based on marriage Once you apply for i485, you don't need to do anything. 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. 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. Meanwhile, I received my green card through my employer. Of course, we do not know, so that is only a guess. 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? 3. I already have a ticket for my home country for January because I will be having a wedding with my fiance there. 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 ? If I dont withdraw asylum application, am I eligible for EAD? Take care, Jason. Take care, Jason. As you know most countries require 90 days in passport before traveling which limits travel/work opportunities especially for individuals working in international development. If you are scheduled for an asylum or NACARA 203 interview at an asylum office and you have an attorney or an accredited representative, they may participate in your interview remotely by telephone. If there is no response within a month or two, you can follow up with another email. !, 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? Is there any way I can a legal status as a Caregiver of my old sick US citizen parents ? 1. I doubt you will have a problem, but there is no guarantee and it depends on the specifics of your case. I am asylum seeker with my mom. 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. Amitab, Asylum processing and I-130 are 2 seperate processes. We will see what happens with Title 42, but if it goes away, as expected, the numbers at the border will only increase. 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. M mhwxl New Member Already submitted a Form I-589, which is still pending with USCIS. Eventually, the Asylum Office will make a decision. Is the statement because the backlog is too long to wait and I got H1-b and I-140 filed or approved through my employer enough? Take care, Jason. If you can explain why you traveled and how you stayed safe, you should be ok, but there is no guarantee. When he has to go for Hearing? The bigger problem from my perspective is their utter disregard for due process of law as they strive to reduce their backlogs. Take care, Jason. I would like to ask do you have some prediction regarding any new trend or changes in the immigration/asylum policies ? I have had clients travel home and no one has had any major problems, been blocked from entering, or blocked from citizenship. Take care, Jason, Im thinking of filing mandamus lawsuit, Im so tired and depressed my interview was in 2017 also another interview early 2022 and I still dont have any decision. I wrote about that on May 11, 2022. 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. Now i want to withdraw my asylum case, so 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. There is no official USCIS withdrawal form. Details UK Visas and Immigration guidance for staff. The officer should return the file to the . You may apply for a Green Card 1 year after being granted asylum. For a marriage case (or other Green Card case), I always recommend that my clients get the Green Card, The easiest way to withdraw a case is to email your local Asylum Office and ask that the case be withdrawn. 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. That said, if you wanted to contact me, it is best to email: jdzubow@dzubowlaw.com. If you are granted asylum you may petition to bring your spouse and children to the United States by filing aForm I-730, Refugee/Asylee Relative Petition. I keep getting TNCs and keep losing jobs because of this one issue, Good Morning Jason. Paid my taxes and dont have any criminal records. There is some sort of deal in the works related to Dreamers, but weve seen that before. Take care, Jason, Hi Jason, Thank you for the good work you do. If the case is postponed, I may be able to assist. Please take care as well! Understanding The Different Types Of Asylum Decisions in The United States In 2023, What Is Religious Asylum : Your Guide For 2023, Who you are (your full legal name or as noted on the application), If you used an interpreter, if so the name of that interpreter, The reason you would like to withdraw your asylum application, A copy of the I-589 receipt notice and the fingerprint notices, Prior to the interview (by mail or in person), Before a final decision has been made (or before your approval of status). It is already very late to prepare a Cancellation case for February, so you should talk to a lawyer about this as soon as possible. Instead, you need to apply for asylum nunc pro tunc, which allows you to get asylum in your own right (as opposed to now, where you are a dependent on your mother). They are still in jail, and the District Attorney Office has been calling and updating me as a victim of crime. Take care, Jason. How to File You must: Read the instructions for Form I-589, Application for Asylum and Withholding of Removal; Complete and sign your Form I-589; and Provide all required evidence and supporting documentation. Should that be considered a satisfactory answer? Official websites use .gov I think I read something along the lines of leaving the country first before applying for the withdrawal makes things easier then being present in the US and going through the withdrawal process? Im going for 3 weeks and back. The above-listed Applicant has obtained a Green Card through marriage to a U.S. Citizen. I do not know of a way to do that. Thats why I repeated the question. 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. I have pending application for advance parole based on asylum, should I apply for advance parole based on pending TPS 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. If you are not in lawful immigration status (or do not have parole), and an asylum officer refers your asylum application to an immigration judge for further consideration, your EAD remains valid through the date of expiration, unless you renew it. 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. So the photo will be different, I have in the past had employers indicating the two photos are different during everify process. I wrote more about this on January 6, 2016 (this is for asylees who return home, but the issues are similar). The government I feared is no longer in power and conditions have improved. I have a SSN and work permit, so I stay here legally. I was thinking to apply for travel parole but I heard about the delay and the high possibility of being denied, so I did not pursue it. Hi SULU , Thanks for your response, Jason. 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. 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). WellI agree with the EAD renewal point but still think LIFO should be in place. I guess you can try sending your name and the last 3 digits of your A number. What are the consequences now?? 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. I want to meet my family members in a thrid country. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Also, I did a post on February 10, 2022 where I discuss this a bit (near the bottom). but there are a lot of knowledgeable people in this forum and i wanted a second opinion. 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. Otherwise, you will be collecting . I do not intend to travel to my country but use my home country passport to travel. I was doing research and then I find this: https://www.nytimes.com/2014/02/23/nyregion/asylum-fraud-in-chinatown-industry-of-lies.html. A typical request to withdraw might look like this (this request was written by me, so I indicated that I am the attorney): Subject: Withdraw Asylum Case Bobbi FLEKMAN, A 314-159-265. Ante todo reciba un cordial saludo. Take care, Jason. 133 reviews Licensed for 20 years Avvo Rating: 9.9 Immigration Attorney in New York, NY Website (844) 293-7582 Message Posted on Nov 25, 2013 Yes, you can withdraw your asylum claim. Can a person with pending asylum application also apply for TPS (my country is on TPS)? I would rely on the online system. Can he file his Political Asylum Case on form i589 direct to USCIS by Mail before going to Immigration Court? Whether you will be able to return on a tourist visa will depend on a host of factors not revealed in your question. 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. 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. 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. I appreciate your feedback. 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. In this situation, the photo is supposed to be differentright ? The declaration will include the following: Who you are (your full legal name or as noted on the application) Take care, Jason. Failing to receive and acknowledge an asylum decision in person (if required). 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. However, they would probably be better getting EADs based on your spouse, assuming the spouse remains in the US. I have been renewing RTD every year thats like $220 and have missed work opportunities due to that. 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 want to return this year to do the politics in my country since also the regime has to change, how can I do not to lose my greencard? 2. Take care, Jason. If you have a case in Immigration Court, you can withdraw your asylum application, but this will likely result in an order of removal (deportation) unless you have some alternate form of relief (or if you receive prosecutorial discretion). 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. If you withdraw asylum and try to get a B visa, I think you will have a very difficult time. Presumably, they match the email to the case that way. I have asked the USCIS Customer service to expedite my RTD application and sent the supporting documents. Take care, Jason, Hola! 3 See # 2. I wrote more about this on January 6, 2016. Seriously!! The problem is that the F-1 visa is a non-immigrant visa, meaning you have to promise to leave once you are done. it will not affect also when i want to apply my citizenship?? Do we have to withdraw before we make any travel plans? I think you will have a response from USCIS for a maximum of 10 days. Review our. If you withdraw the case and you run into trouble, you can argue that you no longer have a fear of return and that you should be allowed into the US since you no longer have an immigration intent, but whether this argument will succeed, I do not know, and honestly, I have my doubts. Note that if he was a dependent on your case and now wants to file his own case, he should probably file at the Asylum Vetting Center in Atlanta, GA check the Special Instructions on the I-589 web page at http://www.uscis.gov. Can I Withdraw My Asylum Application in 2023? Certainly, you are justified to file a mandamus case. Take care, Jason. My fear of persecution was based on the old regime. #2 Withdrawal Reason The reason for withdrawing the application is optional but it is recommended. Thank you. If you have a case in Immigration Court, you can withdraw your asylum application, but this will likely result in an order of removal (deportation) unless you have some alternate form of relief (or if you receive prosecutorial discretion). Some explanation is in order. 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. 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. Unless he currently has some status (for example student visa or work visa), they will typically not allow a person to withdraw a case and if he does withdraw, they will likely send him to Immigration Court, which will create more difficulties. 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??? s. sherry isaac. Hello UIFANG, Take care, Jason. You should be prepared to explain why you returned and how you stayed safe. I am planning to withdraw it soon but I have heard it takes months to be withdrawn and I have to travel in a week. Take care, Jason. Since asylum cases are measured in geologic time, it may be wise to look for alternatives. finally my journey has ended positively and green card is in hand! During your interview, the officer will have your a file and the asylum decision (if any). AP would allow you to travel outside the US and return. Is it the govt or someone from the employer side? Im in an exactly similar situation, I did my interview beginning of 2018 and did not receive any kind of decision yet. You should contact an attorney directly regarding your own situation. However, I do not know your case and I think it is crucial to talk to a lawyer before you try this. I think this is very rare and would only apply to people have criminal or terrorism bar issues. It looks like USCIS took some kind of LIFO policy for the EAD renewal application as well. 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. If you think you may be eligible for Cancellation, talk to a lawyer as soon as possible. Could you please help me and be my Lowyer to proceed my case so that it can do everything a little bit faster?

Leupold 10x42 Binoculars, Will Brian Cassidy Return To Svu, Articles I