I am planning to travel to my home country for two months and return to the US. I have been renewing RTD every year thats like $220 and have missed work opportunities due to that. I have pending application for advance parole based on asylum, should I apply for advance parole based on pending TPS My mom decided to stay here. You must file the petition within 2 years of being granted asylum unless there are humanitarian reasons to excuse this deadline. My spouse and kids got their EAD based on my asylum applications, if I withdraw my asylum application and leave the USA (not to my home country), can my spouse and kids maintain their EAD or they should apply by their own? www.DzubowLaw.com 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. thank you for your reply. 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. In addition, the govt is also trying to appeal title 42. Should I be concerned about traveling at all? If you withdraw asylum and try to get a B visa, I think you will have a very difficult time. Take care, Jason, Hi Jason, Thank you for the good work you do. Hi Jason, i have a pending asylum case and Ive just received my GC based on marriage Take care, Jason. In terms of returning to the US, the GC should be enough. What about if the countrys condition has changed significantly? The Republican house majority is going to be in place soon. 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? Share sensitive information only on official, secure websites. Do you foresee a problem with the entry port when I travel back to the US? I dont have any unlawful presence in USA, can I apply for a B1/B2 visa in a third country after I withdraw my asylum application? Take care, Jason. You can also ask about filing the change of address, but normally, it is filed wherever the case is located, which you can get from the online system. However, wouldnt withdrawing my asylum application look like a sign that i do not have immigration intent? But my question is what could be considered a satisfactoryanswer to USCIS/CBP in case one is asked? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Jason Dzubow, Esq. Take care, Jason, Hola! You might try calling USCIS to see whether you can talk to a person about correcting the error: 800-375-5283. 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. I have 2 kids who are US citizens. You cannot withdraw such a case because the case is done and there is nothing to withdraw. He has hearing in San Antonio Court next Month.My Questions are: 1. You can leave the US or seek some other type of relief, and I guess you can withdraw the asylum application, but the court case will still go forward unless the judge agrees to close. 3 I do not think so. However, if you have an urgent need, you will need to decide what to do. Jason Dzubow, Esq. Official websites use .gov But this photo in the government record will be different from the one photo that in your expired EAD. Also, I did a post on February 10, 2022 where I discuss this a bit (near the bottom). My asylum case is pending for 5/6 years. Take care, Jason. I know there is a USCIS page saying some people can get 540 day receipt. I have commented in pervious post about my EAD renewal! Hello my husband has his asylum interview next month however I am his US Citizen Wife and was wondering if he could withdraw his Asylum case since we are doing I-130. To apply for asylum affirmatively or defensively, file aForm I-589, Application for Asylum and for Withholding of Removal, within 1 year of your arrival to the United States. Jan 28, 2019. 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 am resident with As8 greencard category. 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. His case refereed to Immigration Court San Antonio. You can change your attorney whenever you want that is your choice. Please carefully read the information on Form G-1593 and consult with your attorney or accredited representative to determine whether you want them to participate remotely. The application is with USCIS. 2 That is also a possible path to get a GC. What would you advise me to do Jason in my case. The above-listed Applicant has obtained a Green Card through marriage to a U.S. Citizen. My spouse and I have a separate pending asylum case, and we are derivatives on each others case. I want to meet my family members in a thrid country. If the Asylum Office needs the Withdrawal Form, they can let you know. So the photo will be different, I have in the past had employers indicating the two photos are different during everify process. 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. 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. I wrote more about this issue on January 6, 2016. I keep getting TNCs and keep losing jobs because of this one issue, Good Morning Jason. I am also exploring the options to get a permanent residency in a small, underdeveloped, but democratic country because I could run there as the last resort if I run into any trouble in my home country. I have a valid F-1 visa and intend to continue my studies in the US after my home visit. Take care, Jason. Is it easy to email the asylum office by myself to withdraw it or need to go thru my attorney for sensitive info explanation ? Thank you for your guidance. Thanks a lot for your valuable advice. Your application can also be deemed to have been withdrawn if you do not cooperate in the appeals process or fail to attend an oral hearing. 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. Jason Im asylum based green card. If you are in Immigration Court, you may be eligible for Cancellation of Removal (talk to a lawyer about that). There is no fee to file this petition. If you have an asylum application pending with us, you can check the status of your application at Case Status Online. Will it be automatically withdrawn if I leave the US? I truly appreciate your expertise on this matter. The government I feared is no longer in power and conditions have improved. Thanks again! Can you tell me please 2022 I have applied for refugee case and today I withdrawal before hearing May I ask who reviews the photo during everify process ? If you fail to appear fora scheduled asylum interview without good cause, or fail without good cause to provide a competent interpreterif you are required to do so, wemay refer your Form I-589 to an immigration judge, and you will be ineligible for employment authorization based on your pending Form I-589. What is the possibility of having a green card, if married and filed 1 year b4 the court date? Take care, Jason, what are the chances of Passing citizenship act 2021 now the senate democrats have 51-49 majority. 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. 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. Cause I dont know where to start Jason. You will need the receipt number that we provided you after you filed your application. i have completed 10 years. 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. 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.? Im going for 3 weeks and back. Take care, Jason, Omg!!! I think you will have a response from USCIS for a maximum of 10 days. In most cases, the person would need to leave the US and get a waiver to return, but there may be (rare) exceptions. You should be prepared to explain why you returned and how you stayed safe. Thank you. Hi Jason, 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. M mhwxl New Member Thank you for the article! In addition, I notice there are some dissatisfaction expressed somewhere else regarding the situation at the border. 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 really do not understand the question, sorry. I am asylum pending waiting for interview! You can find their email address if you follow this link. There are currently about 543,000 pending cases, and some applicants have been waiting for an interview for six, seven, eight years or longer. 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. Im traveling to Ethiopia. It is a better practice to write your Asylum Office to request that the application be withdrawn, but the request could sit for many months. In terms of your wife, you would need to file an I-130 for her once you are legally married. Can one withdraw asylum case after getting an asylee based green card? 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? Hi Jason. I think that is possible, but I dont know if it is sufficient. #2 Withdrawal Reason The reason for withdrawing the application is optional but it is recommended. Take care, Jason. I can confirm that closing your asylum case does not help with I-485 (in fact, only adds scrutiny). If your case is in court, you really cannot withdraw. She now wishes to withdraw her asylum case. I do appreciate you much. Reference your case number. 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. Like I would choose to give up this opportunity because my fear is probably resolved? For more information see ourForm I-589, Application for Asylum and for Withholding of Removal page. Thanks! Some explanation is in order. JDzubow(at)DzubowLaw.com, First, to be clear, the only asylum cases that can be withdrawn are those at the Asylum Office. I do not know of a way to do that. 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. 3 years ago I have been appointed by DPSS as a Caregiver of my old sick parents who are sick with many health issues, my dad is 80 and mom is 72 years old. Thank you in advance for your response, If you leave the US, your case will still continue (at least until they schedule an interview and you fail to appear), and so the EADs will still be valid. I am in Washington DC area, I did a blog post about ideas for people with delayed decisions on March 30, 2022 maybe that would be of interest. My green card is not based on Asylum; however, my withdrawn application might appear. 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? (202) 328-1353 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? I guess you can try sending your name and the last 3 digits of your A number. 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). I do think it may be worth talking to a lawyer about the specifics of the situation, but I do not know that you will get a definitive answer, since much of this may depend on the officer who inspects you upon return. I wrote about that on May 11, 2022. 4 I do not know your case, but for true marriages where there are no criminal or immigration issues, most everyone gets a GC. 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. C15-0813JLR (W.D. This wont cause any problem when I return?? Finally, if your friend plans to file for asylum, he needs to do that within one year of arriving in the US, so you cannot wait until May 2024. Can a person with pending asylum application also apply for TPS (my country is on TPS)? This is such an easy fix, I do not know why they have not done it yet. Just a quick reminder about the implications of the withdrawal: - After you withdraw your asylum application, you have to leave the United States within short amount of time or, ideally, you have to be taking actions to adjust your status. You would file it and ask the court to put your case on hold (probably not needed since it is not for over a year), and then later ask the court to dismiss your case so USCIS could issue you a GC. One exception might be if they cannot compete the background check, and then they might deny because they are unable to grant unless checks are done. My boss is also someone the government publicly considered as a dissent. 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. I think nothing will erase the fact that you filed for asylum, and so you will need to provide convincing evidence that you do not intend to immigrate to the US. In the mean while I have I-140 approved and have recently applied for change of status I-485. Do you think if I withdraw my case I can come back and enter the US to continue my studies? That said, if you wanted to contact me, it is best to email: jdzubow@dzubowlaw.com. Do you think this is a huge affront to genuine asylum seekers ? I have asked the USCIS Customer service to expedite my RTD application and sent the supporting documents. 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). 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. 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. 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. The immigration courts are much worse, and they have no excuse at all. Can I travel to Canada for one day trip without using passport are travel documents. Our cases got united. If I dont withdraw asylum application, am I eligible for EAD? 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. Thank you so much, is that possible you take over my case? 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. 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? I wrote about returning to the home country after a grant of asylum on January 6, 2016 maybe that would help. Otherwise, he probably would need to attend the interview. You can find their email address if you follow this. 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 My all 3 siblings live in different states. There is nothing to do at the airport. However, I have not received a decision on my application yet. If not, the dependents could be placed into removal proceedings (i.e., Immigration Court) where they face possible deportation. 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? 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 ? Presumably, they match the email to the case that way. I cannot help but feel that, correct me if I am wrong, there is a sentiment being conveyed as There are too many people crossing the border, draining up resources for CFI, and expedited removal/asylum merit interview, and EOIR Dedicated Docket that not enough left for interior ones (those who have the funds to attend embassy interview and afford international flight ticket to make lawful entry, in my opinion, these people should not be granted asylum)I understand I am the minority in this position in here as it seems most folks in this blog are interior asylum seekers. We are cofused due to some situation: Because before releasing he got letter by hand in Detention Center by Department of Home Land Security that he has to appear in Immigration Court San Antonio TX on December 14,2022.At the time of release he got Interim Notice Authorizing Parole and was written it to contact for any change of address or correction to Immigration judge Dallas TX. I dont think I will be able to take any new cases with court dates scheduled in the next few months. 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). If there is no response within a month or two, you can follow up with another email. Will I face problems coming back to the US? So my question is: what do I do now? 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). Once you apply for i485, you don't need to do anything. authorized or permitted to remain in the country. 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. 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. In terms of citizenship, there are resiency requirements to get that, and any absence of 6 months or more could cause significant delay you need 5 years of residency to get citizenship, and if you leave for 6+ months, it may cause the 5-year clock to re-start, and you will need to start counting the 5 years from the date you return from that trip. However, few months back, I became a victim of armed robbery when some guys robbed me at gun point. Good luck, Jason. Yes , it's already withdrawn after I left USA. I am a LPR based on 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). You may be otherwise eligible for employment authorization if you are a valid immigrant or nonimmigrant or have parole or temporary protected status. Is it the govt or someone from the employer side? If funds are reduced, it will certainly not have a positive impact on USCISs services. Even at your I-130 interview, you should stick to your story about your asylum and your persecution. Can I cancel my application and go to my home country using my home passport? This could happen the same day ormore likelytake weeks or months. #5. For more information, see the Form I-765 webpage. 1 If his case is in court, he needs to file with the court and DHS (the prosecutor). However, I do not know your case and I think it is crucial to talk to a lawyer before you try this. To apply for employment authorization, you must file a Form I-765, Application for Employment Authorization. Hopefully, it will pass, but that will only help certain people. 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. Thank you! I would like to know if my asylum process is already withdrawn. I think even if you withdraw your asylum application, there is a risk to leaving and returning. You should not abandon your asylum request at the time of submitting I-130. I am the attorney of record in the above-listed case. However, you should be prepared to explain why you went and how you stayed safe, in the event that you are asked. 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. And also, while it may be worse for some, it is probably better for others. As you know most countries require 90 days in passport before traveling which limits travel/work opportunities especially for individuals working in international development. Thank you for writing about asylum withdrawals. We got our GC through work and now we have to withdraw the asylum case. 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. 1. I know Republicans are evil for asylum seekers but M*Yorkas is no better too. The easiest way to withdraw a case is to email your local Asylum Office and ask that the case be withdrawn. Website Design By Aperture Digital. Will the filing of a U Visa affect the chances of getting a green EARLY if my spouse files for me? Not really sure if there were/are discussions on extending the RTD validation to more than a year. We will see what happens with Title 42, but if it goes away, as expected, the numbers at the border will only increase. I wrote about that on August 6, 2018 and (for marrying a GC person) on August 28, 2018. My concern is that If I wait until I receive my GC then apply for asylum application withdrawal that would take longer time for the decision to be made. 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. Thank you This thread is archived 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). Take care, Jason. Take care, Jason. During your interview, the officer will have your a file and the asylum decision (if any). You can withdraw the asylum case, as discussed above. Thanks a lot! It appears you are in removal proceeding. 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. Alsoand this is importantif you have dependents (spouse, children) on your asylum application, the case will be withdrawn for them as well. They are still in jail, and the District Attorney Office has been calling and updating me as a victim of crime. 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. 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. 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). Hi Jason, Take care, Jason. 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. 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. 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. Already submitted a Form I-589, which is still pending with USCIS. Chapter 6 - Termination of Status and Notice to Appear Considerations. After you email the Asylum Office, most offices will send you an automated reply. If your pending asylum case is with USCIS, there is the added risk that the asylum office may issue you a notice to appear before the immigration court instead of only terminating your case.