Yes , it's already withdrawn after I left USA. However, if the consent from the ICE is not received, or if the Motion to Terminate is denied, then will have to file I-485 AOS with the Immigration Court & prepare the case & represent the client in front of the immigration judge AND withdraw asylum at the same time. 2 He can do that at the hearing, assuming it is in-person, but if it is by Webex, he will have to file the form by mail, at the court window or by ECAS (electronic filing, which is only available for some cases). Withdrawing asylum claims PDF, 308 KB, 21 pages This file may not be suitable for users of assistive technology. 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. I worked for a group considered political dissent in my home country, so I filed for asylum. LIFO still the rule of the land, EAD renewal taking forever, everything seems stopped! Take care, Jason. 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. Take care, Jason. 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. Take care, Jason. If they have not done so, one of your parents can file an I-130 petition for you. It takes over a year for most people. 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? I wrote more about AP on September 11, 2017. Will the filing of a U Visa affect the chances of getting a green EARLY if my spouse files for me? Ive 5 years in the United States, Hey Jason!!! The immigration courts are much worse, and they have no excuse at all. How Do I Withdraw My Asylum Application? it will not affect also when i want to apply my citizenship?? 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). If you fail to file Form I-589 within one year of your arrival in the United States, you may not be eligible to apply for asylum under section 208 (a) (2) (B) of the Immigration and Nationality Act (INA). 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. You can follow the link under Resources called DHS Office of the Chief Counsel and you will find the contact info. For Address change he has to go San Antonio Court or Dallas Court? Amitab, Asylum processing and I-130 are 2 seperate processes. You'll get a refund of the immigration health surcharge if you cancel before a decision has been made. Take care, Jason. However, I have not received a decision on my application yet. Take care, Jason. Take care, Jason. Thank you. You can find their email address if you follow this. Hi Jason, 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. Hi Jason, and any roughly idea how long typically the whole process takes to bring my spouse here in USA? My political friend released from detention near San antonio and now he is at me in Dallas TX. 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. Alert: Effective Nov. 15, 2022, affirmative asylum applicants may now file an online Form I-589, Application for Asylum and for Withholding of Removal. 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. Tell me when did you apply your I 730 for your spouse and how long did you wait to get the message from USCIS. Otherwise, you will be collecting . Take care, Jason, Hola! If the Asylum Office needs the Withdrawal Form, they can let you know. File Online thank you for your reply. I came to USA with my mother when I was 14 years old in 2000. Maybe you want to talk to a lawyer about the different options, to see if there are any other ideas that might work. Cookie Notice I think if you plan to spend significant time outside the US, you should consult a lawyer first, so you know what you can and cannot do, and so you can avoid losing your status here. I have a question that I hope can get answered from you. What about if the countrys condition has changed significantly? To learn more, visit the Rosario Class Action page. If we approve your application for employment authorization based on your pending asylum application, your EAD will be valid for up to 2 years. 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. Take care, Jason. Take care, Jason. Im confused. 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. Since asylum cases are measured in geologic time, it may be wise to look for alternatives. Once the "green card" application is approved, clients may withdraw their asylum cases, but must be careful to ensure they do not contradict the asylum application by immediately traveling home to their country unless it is safe to do so. because it was my mother who had fled the country. 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? After that, you will have to wait for a decision or a request for additional information. 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. The process is slow and annoying, but a starting point is the form I-589, available at http://www.uscis.gov. My fear of persecution was based on the old regime. 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). What did he do for asylum seekers? 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? Take care, Jason. Take care, Jason, I just want to ask how prevalent fraud is in asylum communities ? Take care, Jason. 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 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? So even though I applied for asylum in good faith, I dont believe I will be granted this relief, if compared to them, and as a result, I am preparing to go undocumented in the future. Hi, i had my individual hearing yesterday, the DHS was super nice but judge was super picking and did not finish it so he gave us another date for March2023 and also my background check was not ready (my wife and i), what is your suggestion? To apply for a Green Card, file aForm I-485, Application to Register Permanent Residence or to Adjust Status. 1 You can do that. You must submit a separate Form I-485 application packet for yourself and, if applicable, for each family member who received derivative asylum based on your application. Thank you for maintaining this blog and guiding asylees. The government I feared is no longer in power and conditions have improved. Thank you for writing about asylum withdrawals. To include your child on your application, the child must be under 21 and unmarried. What will happen when I withdraw my asylum application after TPS approval? In terms of your wife, you would need to file an I-130 for her once you are legally married. Delays that you request or cause while your asylum application is pending with an asylum office or with the Executive Office for Immigration Review do not count toward the 150-day waiting period or the 180-day eligibility period. You might try calling USCIS to see whether you can talk to a person about correcting the error: 800-375-5283. 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. Will I face problems coming back to the US? 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. www.DzubowLaw.com Dzubow & Pilcher, PLLC Are in proceedings in immigration court or before the Board of Immigration Appeals; Are an unaccompanied alien child as defined in 6 U.S.C. 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. Depending what the judge told you, the next hearing may only be for a decision, or maybe more testimony is needed, so you should prepare accordingly. Now i want to withdraw my asylum case, so And what if we do not withdraw the case what happens? Is it the govt or someone from the employer side? 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 best guess is that it takes maybe 3 or 4 months for the NVC to do whatever it does and forward the case to the embassy. It is the job of USCIS, DHS, and EOIR to detect and stop it, and to grant legitimate cases, and they can often detect fraud. Hi Jason, Take care, Jason, Hello, 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. I believe the next step is to withdraw my asylum application. I work so hard and pay taxes every year and havent used any help from the government! I am sending the email for a withdrawal request. Thanks for your kind guidance. Failing to receive and acknowledge an asylum decision in person (if required). Hi Jason. Pls help. 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. Wait times after the I-730 is approved seem pretty variable, especially if the person needs to interview at an embassy in a third country, but I would say most (but not all) cases are resolved within a year. Our I-130 case hasnt been decided yet which is pending. Do you think this is a huge affront to genuine asylum seekers ? Can I apply LMIA? Secure .gov websites use HTTPS I have read about some people who renewed their EAD (c08) these days within a few weeks whereas tons of people submitted an EAD renewal application almost a year and it is still pending. Clothing, hair style, facing direction and appearance on the card should be identical to the photo displayed by E Verify., https://www.e-verify.gov/e-verify-user-manual-20-initial-verification-22-create-a-case/222-e-verify-photo-matching. Take care, Jason. But it does make life easier to have the EAD. If your asylum case states that the government wants to persecute you, maybe you want to be prepared to explain why you used a passport from that government, just in case you are asked. The above-listed Applicant has obtained a Green Card through marriage to a U.S. Citizen. 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. Anyway, we shall find out soon enough. Given the circumstances with work, family matters and long processing time, I am considering of withdrawing the application if my home country passport, which is expiring very soon, can be renewed. You can go to the home country even with the asylum case pending. Thank you! It is easiest if the person is a US citizen. Hopefully you will hear good news on your EAD renewal soon. 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). If your marriage-based adjustment application is eventually approved by USCIS, and your asylum application is still pending, then you may notify USCIS of your green card approval by sending a copy of the I-485 approval notice and a letter asking to withdraw the application since you are already a green card holder and no longer need asylum . My asylum case is pending for 5/6 years. 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). I think you should also contact the asylum office again and ask about withdrawing, as it should not take 3 years for them to do that (though even if the case is withdrawn, it does not change the fact that you had filed for asylum and so you still need to be careful that the US government does not believe that the asylum case was fraudulent). If you are outside the United States or if you have lawful status here (a Green Card or some non-immigrant status), the application will be withdrawn and the case closed. With the holidays coming up, it certainly wont make things any faster, but maybe you want to follow up with a call in a week or so and see if there is progress. For more information about Green Cards, seeourGreen Cards for Asylees page. One of my family members is sick and I really need to go visit once I receive the GC. I am resident with As8 greencard category. I do not intend to travel to my country but use my home country passport to travel. You should contact an attorney directly regarding your own situation. I want my husband to get his green card through marriage and not asylum so is it fine to withdraw? Do you think this is a trend indicating that B*den administration is changing atitudes to wards immigration issues ? Share sensitive information only on official, secure websites. Take care, Jason, Hi Jason, Thank you for the good work you do. !, 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? I have my Individual hearing in February 2023. i came to this country on a work visa, then i applied for Asylum. Please find attached the following: Please let me know if you have questions or need any additional information. Thanks. I know Republicans are evil for asylum seekers but M*Yorkas is no better too. USCIS has responded that they have accepted the expedited request and they that they have placed my application under expedited review. I have had many clients return to the home country, and no one has had any real problems, but if you are prepared to explain the trip, you will be ready just in case. Take care, Jason. 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. Is that something convincing to say when I withdraw my asylum case in the United States and come back a few months later to continue my academic studies? Jason Dzubow, Esq. Can he file his Political Asylum Case on form i589 direct to USCIS by Mail before going to Immigration Court? If you have an asylum application pending with us, you can check the status of your application at Case Status Online. 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). 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.