You must file the petition within 2 years of being granted asylum unless there are humanitarian reasons to excuse this deadline. Jason, Thank you so much for your prompt reply and valuable insights regarding my asylum case. 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. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Jason Dzubow, Esq. Take care, Jason. I do not think it will cause problems in future applications, but it may cause a problem in this application. I believe you can try to Canada with only a GC, but I am not certain the Canadian embassy website should give info about that. What are the consequences now?? AOS was approved after very challenging RFE but God is always good . Hi Jason. 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? Thanks a lot! What did he do for asylum seekers? If you are in Immigration Court, you may be eligible for Cancellation of Removal (talk to a lawyer about that). 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. I know Republicans are evil for asylum seekers but M*Yorkas is no better too. 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. In this post, well talk about when it might be appropriate to withdraw a case and how to do that. 2 If you plan to visit your home country, you should be careful. Archived post. Thats why I repeated the question. Can one withdraw asylum case after getting an asylee based green card? 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. The fact that asylum applicants are stuck for years in limbo, causing some to withdraw their cases, demonstrates how poorly our system is working. 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. 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 can travel to your home country, but you should be prepared to explain why you went and how you stayed safe, if you are asked. Hi Jason, withdrawal of asylum application - Immigration 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. Take care, Jason. Also, do I need to carry any additional documentation with me during my travel? "Green Cards" Approved For Asylum Applicant through Marriage - Law I no longer have any fear of persecution from the current regime. 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. Thank you once again. Thank you so much for the advice! I want my husband to get his green card through marriage and not asylum so is it fine to withdraw? thank you for your post. We cannot provide you with a sample of a withdrawal, as each person will have a different situation. Take care, Jason. How can I withdraw the asylum application by myself? The app will add the default line automatically even if you do not specify it. I wrote about that on May 11, 2022. Thank you. 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. So my question is: what do I do now? I have a SSN and work permit, so I stay here legally. Alert: Effective Nov. 15, 2022, affirmative asylum applicants may now file an online Form I-589, Application for Asylum and for Withholding of Removal. I have a question. I worked for a group considered political dissent in my home country, so I filed for asylum. File Online 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. I would talk to a lawyer to figure out the best way to approach this situation. Is it the govt or someone from the employer side? If I dont withdraw asylum application, am I eligible for EAD? Withdrawing asylum application Hi, I have a pending asylum since 2017. Take care, Jason, Hi Jason, Thank you for the good work you do. therefore it seems wise to withdraw my application. I have asked the USCIS Customer service to expedite my RTD application and sent the supporting documents. My fear of persecution was based on the old regime. I have a valid F-1 visa and intend to continue my studies in the US after my home visit. Take care, Jason. i have completed 10 years. Some explanation is in order. 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. 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? He also needs to Google pre-order instructions in immigration court and submit a copy of the I-589 (the first 3 pages) to USCIS to get fingerprints. My date is in February 2024. Our cases got united. thank you for your reply. You can go to the home country even with the asylum case pending. Take care, Jason. I wrote about returning to the home country after a grant of asylum on January 6, 2016 maybe that would help. Hello UIFANG, I have pending application for advance parole based on asylum, should I apply for advance parole based on pending TPS Some Asylum Offices have a Withdrawal Form; others do not. Hello 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. I am asylum seeker with my mom. How do I withdraw my asylum case and return home? Withdraw Asylum Application in removal proceedings or terminate removal When he has to go for Hearing? It happens I doubt it has anything to do with you specifically and is a problem with DHS completing the check. This wont cause any problem when I return?? Shall I let the uscis now that I am leaving? If you get TPS, maybe that is a better solution, since it is easier to get AP based on TPS than based on asylum. I read your post on May 25, 2022 regarding using the passport. 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. 3. if i want back home After withdrawal the case still going to be issue when i come back to us again? To participate remotely, they must complete Form G-1593, Certification by Attorney or Accredited Representative for Remote Participation in an Affirmative Asylum and/or NACARA 203 Interview (PDF, 248.05 KB), and submit it to the asylum office where we have scheduled your interview. !, please guide me, Thank you. You can change your attorney whenever you want that is your choice. 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??? Not really sure if there were/are discussions on extending the RTD validation to more than a year. I say this from my experience. And what the procedure in the airport? I have been renewing RTD every year thats like $220 and have missed work opportunities due to that. Once you apply for i485, you don't need to do anything. Take care, Jason, @MEA Lets say that you have decided to withdraw your application for asylum. What would you advise me to do Jason in my case. Also, I did a post on February 10, 2022 where I discuss this a bit (near the bottom). 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. Take care, Jason. 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. Will I face problems coming back to the US? I want to meet my family members in a thrid country. We got our GC through work and now we have to withdraw the asylum case. 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. I had not seen that and I always send the A number in the header of the email. There is no fee to apply for asylum. Can I withdraw my asylum case I-589?How to write the letter?Can you For more information, see the Form I-765 webpage. That said, if your lawyer is not serving your needs, you are better off with someone who will. Take care, Jason. Take care, Jason, Hey Jason!!! 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. The process is slow and annoying, but a starting point is the form I-589, available at http://www.uscis.gov. 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. Its been 3 years and still pending. Privacy Policy. 1 You can do that. Withdrawal USA asylum | Canada Immigration Forum 2. You can follow the link under Resources called DHS Office of the Chief Counsel and you will find the contact info. My asylum claim is for LGBTQ issues and doesnot involve a direct persecution by the government (although it involved some political opinion). 4. One of my family members is sick and I really need to go visit once I receive the GC. Nonetheless the government in my home country changed and it is notthe same as whenI applied for asylum! 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? Note that an attorney-client relationship will only be established after weve established that there is no conflict of interest. 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. You can leave at any time. Take care, Jason. In the subject line of the email, I indicate that we want to withdraw the application, and we include the name of the applicant and the Alien number. What about if the countrys condition has changed significantly? It sounds like you have an explanation. 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). Hopefully you will hear good news on your EAD renewal soon. It takes over a year for most people. 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). 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. Will i qualify for cancelation of removal. But if the asylum case was referred to court, maybe the child remains a dependent. I wanted to inquire about traveling outside of the United States while my asylum application is pending. Is it easy to email the asylum office by myself to withdraw it or need to go thru my attorney for sensitive info explanation ? I want to leave US for forever to live in a different country. M mhwxl New Member 2 That is also a possible path to get a GC. 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. I think this is very rare and would only apply to people have criminal or terrorism bar issues. 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. The status still shows "next step is an interview". As you know most countries require 90 days in passport before traveling which limits travel/work opportunities especially for individuals working in international development. 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. I wrote about that on January 6, 2016, and even though that post is for asylees, the same principles apply to you. The USCIS will automatically consider your application abandoned, if you travel outside the US without travel authorization or return to your country (even with travel authorization). Take care, Jason. 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. 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 already have my green card through EB-2 NIW and also submitted an application to withdraw my asylum application three years ago. First, to be clear, the only asylum cases that can be withdrawn are those at the Asylum Office. For all GC-holders, if you leave the US for 6 months or more, you take a risk that the US government will consider your GC abandoned and you will lose your status here. 1. Take care, Jason. You do not want USCIS to think you are commiting fraud by finding someone to marry you. 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. 1 If his case is in court, he needs to file with the court and DHS (the prosecutor). 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. Individuals should review the information about online filing to determine if they are eligible to file Form I-589 via myuscis.gov. Is it advisable for me to apply for the U Visa, being a victim of crime, while my case is in court?