Can one withdraw asylum case after getting an asylee based green card? 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. 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. 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. Make sure to use your name exactly as it appears on your asylum receipt. The above-listed Applicant has obtained a Green Card through marriage to a U.S. Citizen. You can try, and if it does not work, I guess you can send more information. Failing to receive and acknowledge an asylum decision in person (if required). And what the procedure in the airport? Another question I want to ask is that if I need to get the H1-b visa stamp at an overseas U.S. embassy that is not in my home country, Will the visa officer also question about why I withdraw my asylum and about using my passport to make sure my asylum case is not fraudulent? My boss is also someone the government publicly considered as a dissent. Individuals should review the information about online filing to determine if they are eligible to file Form I-589 via myuscis.gov. Wash. July 26, 2018). Of course, we do not know, so that is only a guess. I wrote more about this on January 6, 2016. I dont think I will be able to take any new cases with court dates scheduled in the next few months. You are not eligible to receive an EAD until your asylum application has been pending for at least another 30 days, for a total of 180 days, commonly referred to as the 180-Day Asylum EAD Clock. In 2019 while I was still on F-1 status and pending asylum I applied and adjusted my status based on NIW and consequently, I withdrew my Asylum case. 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I have 2 kids who are US citizens. If my passport is renewed, can there be any problems with renewing my G-4 visa given that I filed for asylum? 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. Asking to transfer a case to a new asylum office or interview location, including when the transfer is based on your change of address; Asking to reschedule an interview for a later date; Failing to appear at an interview or biometrics appointment; Failing to provide a competent interpreter at an interview (if required); Asking to provide additional evidence at or after an interview; Submitting large volumes of evidence immediately before an interview that requires a reschedule; or. 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 spouse and I have a separate pending asylum case, and we are derivatives on each others case. Take care, Jason. I really want to visit home as soon as receive my GC as one of my family members is sick. Answered on Jul 28th, 2015 at 12:23 PM. My mom decided to stay here. At this time, the option to file an online Form I-589 is only available for certain affirmative asylum applicants. Official websites use .gov Can a person with pending asylum application also apply for TPS (my country is on TPS)? Meanwhile, I received my green card through my employer. 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. The bottom line is that you cannot freely leave the US without serious consequences. Nov 4, 2021. employment based green card in hand while pending asylum. I no longer have any fear of persecution from the current regime. It takes over a year for most people. However, I have not received a decision on my application yet. As you know most countries require 90 days in passport before traveling which limits travel/work opportunities especially for individuals working in international development. 1. 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 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? Also, I did a post on February 10, 2022 where I discuss this a bit (near the bottom). 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. 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??? 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? 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. I guess you can try sending your name and the last 3 digits of your A number. JDzubow(at)DzubowLaw.com, First, to be clear, the only asylum cases that can be withdrawn are those at the Asylum Office. Paid my taxes and dont have any criminal records. However, I got a green card through marriage. 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? You can show that you did not abandon your residency with evidence of your connection to the US (address, job, assets, family members), but it is a risk, and that risk increases the longer you stay out (if you are out for 1 year or more, the presumption is that you have abandoned your status and so you will have to convince the US government that you did not do that). I do appreciate you much. 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. Im confused. 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. What is the possibility of having a green card, if married and filed 1 year b4 the court date? Good luck, Jason. That said, if your lawyer is not serving your needs, you are better off with someone who will. Thank you! it will not affect also when i want to apply my citizenship?? What would you advise me to do Jason in my case. If they have not done so, one of your parents can file an I-130 petition for you. There is no fee to file this petition. 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. There are currently about 543,000 pending cases, and some applicants have been waiting for an interview for six, seven, eight years or longer. 3 See # 2. Does port of entry officers care about people with withdrawn applications? 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. I came to USA with my mother when I was 14 years old in 2000. Take care, Jason. 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. The immigration courts are much worse, and they have no excuse at all. The government I feared is no longer in power and conditions have improved. Take care, Jason, what are the chances of Passing citizenship act 2021 now the senate democrats have 51-49 majority. The application is with USCIS. So I think you can explain the return trip in terms of changed country conditions as well. 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. Cause I dont know where to start Jason. I wanted to inquire about traveling outside of the United States while my asylum application is pending. After that, you will have to wait for a decision or a request for additional information. 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 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. They are still in jail, and the District Attorney Office has been calling and updating me as a victim of crime. Thank you so much, is that possible you take over my case? Take care, Jason. anyway, I feel you, like you, I work hard and pay taxes every year and haven`t used any help from the government, I miss my family every single day, I feel trapped and it is frustrating, I just want to say you are not alone in this, keep your faith and hope 1 Corinthians 13:13Three things will last foreverfaith, hope, and loveand the greatest of these is loveplease update me if you hear anything about your travel parole application or if you pursue mandamus lawsuit, I will consider it, if it is working for you. If there is no response within a month or two, you can follow up with another email. Take care, Jason, I just want to ask how prevalent fraud is in asylum communities ? Thank you for your kind help. Hi, I have applied for asylum 2 years ago, and it is in pending status. If your case has been referred to an Immigration Court, your 180-Day Asylum EAD Clock will not start again until your first hearing with an immigration judge. 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. Once you have that, you can apply for the GC. 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. The easiest way to withdraw a case is to email your local Asylum Office and ask that the case be withdrawn. First, to be clear, the only asylum cases that can be withdrawn are those at the Asylum Office. 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). My all 3 siblings live in different states. I do not know of a way to do that. Take care, Jason. Jason Im asylum based green card. I have been maintaining a valid F1 status for years. DISCLAIMER: All Case Results published here depend on specific facts and legal issues unique to the case. We got our GC through work and now we have to withdraw the asylum case. www.DzubowLaw.com 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. Does anyone have any idea how should I go about it? I know Republicans are evil for asylum seekers but M*Yorkas is no better too. You must file the petition within 2 years of being granted asylum unless there are humanitarian reasons to excuse this deadline. 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. Hi jason. 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. If you are at the asylum office, your mother can inform the asylum office that you left and provide evidence (as discussed above), and hopefully this will avoid a deport order so you can return some day if you ever want to. Thank you once again for your guidance and support. Can he again file Asylum Case form i589 form in immigration court at the time of Hearing with same date? Hi Jason. Take care, Jason, Omg!!! I want to leave US for forever to live in a different country. If your marriage ends, or your spouse withdraws their petition for you before you receive a green card, you may want to re-file your asylum application. In the mean while I have I-140 approved and have recently applied for change of status I-485. i have been refered to immigration court. 1 Certainly, you should let your lawyer know, but you can withdraw the case yourself you can find their email if you follow the link under Resources called Asylum Office Locator. Such a long delay is a real disgrace, but unfortunately, it is not uncommon. Can he file his Political Asylum Case on form i589 direct to USCIS by Mail before going to Immigration Court? I tried applying for travel parole and its been almost 2 years and I havent received it( tried to expedite but nothing). Certainly, you are justified to file a mandamus case. Take care, Jason. 2. If I dont withdraw asylum application, am I eligible for EAD? 4. If you withdraw asylum and try to get a B visa, I think you will have a very difficult time. My mom took us to the Us as an asylum, she gets her greencard and declared us in the Us, after a while she gets her citizenship and I didnt still apply for my greencard yet, is my greencard process cancel because she gets her citizenship or I can still apply to get my greencard because Ive money with me. But this photo in the government record will be different from the one photo that in your expired EAD. Take care, Jason. Shall I let the uscis now that I am leaving? 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. Thanks. 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. 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. Assuming you get a green card, you can withdraw your asylum case. If you are denied asylum, your employment authorization will terminate when your EAD expires or 60 days after your asylum application was denied, whichever is later.

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