i want to withdraw my asylum application
I have asked the USCIS Customer service to expedite my RTD application and sent the supporting documents. Our cases got united. Any idea how long would they take to process the RTD application? Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to email a link to a friend (Opens in new window), Click to share on Reddit (Opens in new window), Man Connected to Terror Plot Was Failed Asylee, Attention Asylum Seekers! I already have my green card through EB-2 NIW and also submitted an application to withdraw my asylum application three years ago. Archived post. In terms of the case, no lawyer (including me) has much power to make a case faster we can ask, or in some cases, file a mandamus lawsuit, but that is about it (and I do not do mandamus lawsuits). Also, I never renewed my passport as it was issued before I applied for asylum andis still valid! 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. you have to show that you do not have an intention to remain in the US, so maybe showing a job or property in the new country will help, but you might want to talk to a lawyer who does non-immigrant visas, since I think this will not be easy. That said, if you wanted to contact me, it is best to email: jdzubow@dzubowlaw.com. 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. I am a LPR based on asylum. Take care, Jason. When I will get the final decision of withdrawal my case? 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? Thank you so much for the advice! 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. And I have the Passport of my country I did not use the travel document because it will take several months to arrive. However, few months back, I became a victim of armed robbery when some guys robbed me at gun point. It looks like USCIS took some kind of LIFO policy for the EAD renewal application as well. 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. 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. I do appreciate you much. Once you apply for i485, you don't need to do anything. My date is in February 2024. I had not seen that and I always send the A number in the header of the email. Thank you for maintaining this blog and guiding asylees. 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? I do think you should talk to a lawyer, as this is a bit complicated and you would do well to have someone review the specifics of your situation. Not really sure if there were/are discussions on extending the RTD validation to more than a year. Can a person with pending asylum application also apply for TPS (my country is on TPS)? Do you think I can withdraw my asylum case, if I quit my job? 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. 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. Will I get deported and how long it takes, so I can arrive at the airport early. 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 The employer is pointing to this sentence to justify their photo mismatch determination The photo on the employees actual document or a copy matches the photo displayed by E-Verify. But it does make life easier to have the EAD. Hello UIFANG, I know that the Biden Administration is trying to improve the situation, and hopefully, their efforts will reduce wait times and bring relief to long-suffering asylum applicants. The time to withdraw is not predictable, and it could be done quickly. Thank you so much, is that possible you take over my case? This process can take a year or more, depending on your country. 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 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. Hi Jason. 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. Take care, Jason. You can withdraw your application for international protection before the International Protection Office (IPO) makes its recommendation to the Minister, or while you are waiting for an appeal on a decision. For more information about asylum, seeourAsylum Questions and Answers page. Details UK Visas and Immigration guidance for staff. Even at your I-130 interview, you should stick to your story about your asylum and your persecution. Looking for U.S. government information and services? His case refereed to Immigration Court San Antonio. 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. 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. What will happen when I withdraw my asylum application after TPS approval? Do you think if I withdraw my case I can come back and enter the US to continue my studies? Cookie Notice Such a long delay is a real disgrace, but unfortunately, it is not uncommon. If you can explain why you traveled and how you stayed safe, you should be ok, but there is no guarantee. 1 If his case is in court, he needs to file with the court and DHS (the prosecutor). Take care, Jason. So the photo will be different, I have in the past had employers indicating the two photos are different during everify process. The process is slow and annoying, but a starting point is the form I-589, available at http://www.uscis.gov. Whether you will be able to return on a tourist visa will depend on a host of factors not revealed in your question. Take care, Jason. To be an asylee of the US is an wonderful thing and place you under protection of the US government as long as you're outside US and you can apply for a refugee travel document which has allows you to visit plenty of countries a with visa-free option. Website Design By Aperture Digital. 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. Alert: Effective Nov. 15, 2022, affirmative asylum applicants may now file an online Form I-589, Application for Asylum and for Withholding of Removal. If you are granted a g.c based on your spouse then your asylum case has no meaning or you withdrawing it. Note that an attorney-client relationship will only be established after weve established that there is no conflict of interest. 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? In addition, the govt is also trying to appeal title 42. I would like to know if my asylum process is already withdrawn. hello friends i am in a fix as i believe my asylum application "does not hold water". Thank you for your article and comments here. There is some sort of deal in the works related to Dreamers, but weve seen that before. If not, the dependents could be placed into removal proceedings (i.e., Immigration Court) where they face possible deportation. Eventually, the Asylum Office will make a decision. 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? therefore it seems wise to withdraw my application. You filed for asylum, which means you expressed a desire to stay permanently. 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. Thank you, Jason, I applied for asylum in 2015 and at that time my childs age is 17, but did not get an interview, I withdraw my case and go to court, during this time, my childs age is more than 25, does it mean the age freeze policy is not suitable for him anymore since we withdrew the case? I came here during the old regime and now a new regime is in place. 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). Take care, Jason. Jason Dzubow, Esq. Already submitted a Form I-589, which is still pending with USCIS. You can try, and if it does not work, I guess you can send more information. Thank you very much! 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. Ive received a receipt of confirmation. but there are a lot of knowledgeable people in this forum and i wanted a second opinion. How much the risk would be, I do not know. If funds are reduced, it will certainly not have a positive impact on USCISs services. Finally, I have to say that I feel bad writing this post. I wanted to inquire about traveling outside of the United States while my asylum application is pending. 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. The fact that asylum applicants are stuck for years in limbo, causing some to withdraw their cases, demonstrates how poorly our system is working. I appreciate your feedback. During your interview, the officer will have your a file and the asylum decision (if any). A .gov website belongs to an official government organization in the United States. 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. Should I withdraw my asylum case before leaving the us or it does not matter? 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. I think that is possible, but I dont know if it is sufficient. Take care, Jason. I keep getting TNCs and keep losing jobs because of this one issue, Good Morning Jason. Take care, Jason. There is no fee to apply for asylum. Cause I dont know where to start Jason. Take care, Jason, Hi Jason, Thank you for the good work you do. Hopefully, it will pass, but that will only help certain people. I want to leave US for forever to live in a different country. 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. 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? Take care, Jason. One of my family members is sick and I really need to go visit once I receive the GC. 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. I have a question. I have my Individual hearing in February 2023. i came to this country on a work visa, then i applied for Asylum. 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. My parents and all my 4 siblings all are US citizen except me.I am now 36 years old.my immediate elder sister is an Asylee who is a citizen now. If there is no response within a month or two, you can follow up with another email. If I dont withdraw asylum application, am I eligible for EAD? 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. Privacy Policy. 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. 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.? It happens I doubt it has anything to do with you specifically and is a problem with DHS completing the check. You may apply for a Green Card 1 year after being granted asylum. You can withdraw the asylum case, as discussed above. 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. 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. i have been refered to immigration court. !, 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? Pls help. LIFO still the rule of the land, EAD renewal taking forever, everything seems stopped! 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? It takes over a year for most people. However, wouldnt withdrawing my asylum application look like a sign that i do not have immigration intent? Since asylum cases are measured in geologic time, it may be wise to look for alternatives. My asylum application has been pending at the field office for over eight years. Asylum Alert: Effective Nov. 15, 2022, affirmative asylum applicants may now file an online Form I-589, Application for Asylum and for Withholding of Removal. 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). After that, you will have to wait for a decision or a request for additional information. Recently, the govt is trying to reinstate some Trump-era policy, making people who have not asked for in-transit countries for asylumineligible for asylum. 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. We came because she declared us and shes now a US citizen. Thank you once again. However, if you have an urgent need, you will need to decide what to do. 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. Hi Jason, Review our. #5. How Do I Withdraw My Asylum Application? I would like to ask do you have some prediction regarding any new trend or changes in the immigration/asylum policies ? I no longer have any fear of persecution from the current regime. Can I cancel my application and go to my home country using my home passport? 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. You will need the receipt number that we provided you after you filed your application. 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. 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. 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). #2 Withdrawal Reason The reason for withdrawing the application is optional but it is recommended. Thank you for the answer! 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. 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. If you think you may be eligible for Cancellation, talk to a lawyer as soon as possible. To include your child on your application, the child must be under 21 and unmarried. Take care, Jason. Hi Jason, Therefore, I feel I should withdraw my asylum application in the US as that protection is not 100 percent justified anymore. I applied for asylum last year due to fear of potential political persecution in my home country. Take care, Jason. So I think you can explain the return trip in terms of changed country conditions as well. 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. Take care, Jason. Will the filing of a U Visa affect the chances of getting a green EARLY if my spouse files for me? I work so hard and pay taxes every year and havent used any help from the government! Take care, Jason, @MEA 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? Does port of entry officers care about people with withdrawn applications? Alsoand this is importantif you have dependents (spouse, children) on your asylum application, the case will be withdrawn for them as well. Thank you for sharing your experience. If she can get to the US on a visa, maybe you can file for her in the US, but you need to be careful about that, since she could get into trouble if she enters the US as a tourist and then marries you it could cause USCIS to think that she lied about the tourist visa (by claiming that she planned to leave the US after her visit). 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. 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. 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). If you withdraw a pending case while you are in the US and have no status, you will be placed in removal proceedings and eventually ordered deported, which makes it hard to return. 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. Take care, Jason, Hey Jason!!! My lawyer said that to me " I've to cancel befor USCIS deny my case due to not attending my interview" also he said in future I can apply for vise student with no problems because change circumstances. Maybe you want to talk to a lawyer about the different options, to see if there are any other ideas that might work. For more information, please see our For Address change he has to go San Antonio Court or Dallas Court? My spouse and I have a separate pending asylum case, and we are derivatives on each others case. 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. Take care, Jason, Omg!!! A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. You may file a Form I-765 based on your pending asylum application 150 days after you file your asylum application.