i want to withdraw my asylum application
Sep 9, 2023 
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For more information, please see our I came to USA with my mother when I was 14 years old in 2000. Should I withdraw my asylum case before leaving the us or it does not matter? Cause I dont know where to start Jason. Once you have that, you can apply for the GC. Take care, Jason. However, if you have an urgent need, you will need to decide what to do. M mhwxl New Member This wont cause any problem when I return?? If I withdraw my asylum case and I have a non-immigrant status(H1-B) or I-140 approved through my employer, Can I travel abroad (not going back to my home country) using my country-of-persecution passport and come back to the states? An I-140 does not give you any status (though if approved, it would allow you to apply for a GC), but the H1b would allow you to leave and return to the US. 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). Take care, Jason, Hola! document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Jason Dzubow, Esq. 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. 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. Can I Withdraw My Asylum Application in 2023? It takes over a year for most people. Answered on Jul 28th, 2015 at 12:23 PM. I am worried that they will impose bad policies and/or oppose good policies (Impeaching Secretary M*yorkas, etc), I would like to see secretary M*Yorkas impeached! I would rely on the online system. You can email your local Asylum Office to ask, but if you do not have the form you can still make the request to withdraw your case. Take care, Jason. So my question is: what do I do now? 2 If you plan to visit your home country, you should be careful. I say this from my experience. As you might know, the countrys condition has changed since I initially came to the USA during the EPRDF regime. 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). 3. if i want back home After withdrawal the case still going to be issue when i come back to us again? Thank you for sharing your experience. This could happen the same day ormore likelytake weeks or months. I have a question. On May 25, 2022, I wrote about using the passport after asylum is granted, but the issues are about the same before it is granted (or if it is withdrawn, since the fact that you filed cannot be erased). If you have an asylum application pending with us, you can check the status of your application at Case Status Online. Thank you very much! To apply for an Employment Authorization Document (EAD) based on your pending asylum application under the (c)(8) category, you may file a Form I-765, Application for Employment Authorization, 150 days after you file your asylum application. File Your Case Before January 11, 2021, https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/63-refugees-and-asylees, https://www.nytimes.com/2014/02/23/nyregion/asylum-fraud-in-chinatown-industry-of-lies.html, The Benefits and Burdens of Court-Appointed Lawyers, Affirmative Asylum Backlog Grows at Unprecedented Rate, Adding a Dependent to an Existing Asylum Case. But it does make life easier to have the EAD. The application is with USCIS. Take care, Jason. I appreciate your feedback. 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. Its been 3 years and still pending. Jan 28, 2019. In most cases, the person would need to leave the US and get a waiver to return, but there may be (rare) exceptions. 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. Can I cancel my application and go to my home country using my home passport? I will be prepared to explain that. I have a SSN and work permit, so I stay here legally. 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. Failing to receive and acknowledge an asylum decision in person (if required). Take care, Jason, Hi Jason, Thank you for the good work you do. However, wouldnt withdrawing my asylum application look like a sign that i do not have immigration intent? You can ask to cancel (withdraw) an application for a visa, visa extension or citizenship. 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. Take care, Jason. Thanks for your kind guidance. Hello Jason, I am a permanent resident and I have my AS8 category green card, my mother has declared us all and she is now already an American citizen. We got our GC through work and now we have to withdraw the asylum case. She now wishes to withdraw her asylum case. Ante todo reciba un cordial saludo. I cannot tell from your message, but if you go to court, you should have a lawyer to help you, or if not, you can ask the judge about that. Take care, Jason. What about if the countrys condition has changed significantly? Hello UIFANG, , just less than 3 month i will have another part of my individual hearing? An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. Thanks a lot for your valuable advice. He has hearing in San Antonio Court next Month.My Questions are: 1. Visit our Obtaining Asylum in the United States page for more information on affirmative and defensive filings. i have completed 10 years. If they have left the U.S. or have lawful status here, you must also provide evidence of that to the Asylum Office when you request to withdraw your case. Do we have to withdraw before we make any travel plans? 3 I do not think so. If yes can i apply for it now or do it at my individual hearing. Take care, Jason. I applied to Asylum in 2017 based on religious conversion and fear from my government and my brothers. Delays you may request or cause may include: If you are required to receive and acknowledge your asylum decision at an asylum office but you fail to appear, your 180-Day Asylum EAD Clock will stop, and you may be ineligible to receive employment authorization. I already have my green card through EB-2 NIW and also submitted an application to withdraw my asylum application three years ago. 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. I want to leave US for forever to live in a different country. Usually you can see this information in your Receipt Notice (I-797) issued to you when USCIS receives your petition. If you want to double check, you can call either court and ask you can find the phone number if you follow the link under Resources called Immigration Court. The above-listed Applicant has obtained a Green Card through marriage to a U.S. Citizen. 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. It is almost a year that I have applied qnd my case is handled at Nebraska Service Center but still waiting. My all 3 siblings live in different states. You can change your attorney whenever you want that is your choice. My asylum claim is for LGBTQ issues and doesnot involve a direct persecution by the government (although it involved some political opinion). I really want to visit home as soon as receive my GC as one of my family members is sick. Take care, Jason. 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. Dzubow & Pilcher, PLLC Withdrawing asylum applications: caseworker guidance - GOV.UK I wrote more about this on January 6, 2016. However, I do not know your case and I think it is crucial to talk to a lawyer before you try this. For more information, see the Form I-765 webpage. The process is slow and annoying, but a starting point is the form I-589, available at http://www.uscis.gov. 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. For more information about Green Cards, seeourGreen Cards for Asylees page. If they have not done so, one of your parents can file an I-130 petition for you. If you got AP based on pending asylum, I think there would basically be no risk and so this approach is safer (though it may take a long time to get AP and you would need to keep the asylum case alive).
