If we approve your application for employment authorization based on your pending asylum application, your EAD will be valid for up to 2 years. 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. 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. Thank you This thread is archived Take care, Jason. Reference your case number. 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office again and ask about withdrawing, as it should not take 3 years for them to do that (though even if the case is withdrawn, it does not change the fact that you had filed for asylum and so you still need to be careful that the US government does not believe that the asylum case was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). Otherwise, he probably would need to attend the interview. Thanks a lot for your valuable advice. Can one withdraw asylum case after getting an asylee based green card? In most cases, the person would need to leave the US and get a waiver to return, but there may be (rare) exceptions. 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). DISCLAIMER: Everything displayed on this site shall be regarded as general information and in no way should it be interpreted as legal advice. Hi, I have applied for asylum 2 years ago, and it is in pending status. 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. Im going for 3 weeks and back. 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? Who are the best lawyers for these cases, if anyone could please share experience/ feedback I would really appreciate it. The app will add the default line automatically even if you do not specify it. This wont cause any problem when I return?? If you get TPS, maybe that is a better solution, since it is easier to get AP based on TPS than based on asylum. Then he advises me to withdraw my asylum application so that it will make things easy for him to approve our I-485, Then I told him that I read on on website online that withdrawing my asylum application before my I-485 is approved can jeopardize my adjustment of status. I wrote about AP on September 11, 2017 and expediting on January 29, 2020. This process can take a year or more, depending on your country. You can follow the link under Resources called DHS Office of the Chief Counsel and you will find the contact info. Take care, Jason. Could you please advise me on any issues that may arise from my travel outside of the United States while my asylum withdrawal application is pending? Take care, Jason. I am not feeling a real threat back home since I will just have a short visit, keep a low profile, and not practice my religion there. What would you advise me to do Jason in my case. 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. Have my asylum case pending and in the same time filed family based AOS , had interview on June 2017 since that haven?t herd anything, had infopass month ago , was told it is still pending, don?t know what else can I do , or may be it is normal to wait this long in situation like mine. So my question is: what do I do now? 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. If there is no response within a month or two, you can follow up with another email. However, few months back, I became a victim of armed robbery when some guys robbed me at gun point. I wrote more about this issue on January 6, 2016. But if the asylum case was referred to court, maybe the child remains a dependent. 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. I wrote more about this on January 6, 2016. Presumably, they match the email to the case that way. Affirmative Asylum | USCIS And what the procedure in the airport? 1. I do not under stand DHS ( prosecutor) where is he? I applied to Asylum in 2017 based on religious conversion and fear from my government and my brothers. (202) 328-1353 My asylum claim is for LGBTQ issues and doesnot involve a direct persecution by the government (although it involved some political opinion). We will see what happens with Title 42, but if it goes away, as expected, the numbers at the border will only increase. Thank you! 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. 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 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 prosecutorial discretion). However, wouldnt withdrawing my asylum application look like a sign that i do not have immigration intent? 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. You must submit a separate Form I-485 application packet for yourself and, if applicable, for each family member who received derivative asylum based on your application. Certainly, you are justified to file a mandamus case. After that, you will have to wait for a decision or a request for additional information. I came to USA with my mother when I was 14 years old in 2000. We got our GC through work and now we have to withdraw the asylum case. So I think you can explain the return trip in terms of changed country conditions as well. 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 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 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. Have you seen people with withdrawn asylum cases face problems in naturalization if they travel back to their home country? However, I got a green card through marriage. Take care, Jason. 4. If you have an asylum application pending with us, you can check the status of your application at Case Status Online. Can you tell me please 2022 I have applied for refugee case and today I withdrawal before hearing Thanks. I doubt you will have a problem, but there is no guarantee and it depends on the specifics of your case. I work so hard and pay taxes every year and havent used any help from the government! 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. Make sure to use your name exactly as it appears on your asylum receipt. 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). Hi Jason, r/USCIS on Reddit: Withdrawing asylum application 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. If you are outside the United States or if you have lawful status here (a Green Card or some non-immigrant status), the application will be withdrawn and the case closed. 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. 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). USCIS Stopped Applying June 2020 Rules Pursuant to Court Order in 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? 2. How to Withdraw Asylum Case : r/USCIS 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). 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. Without that, I am not sure whether they can match your email to the case. 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. First, to be clear, the only asylum cases that can be withdrawn are those at the Asylum Office. How do you do it? Good luck, Jason. For more information regarding employment authorization and applicant-caused delays, see The 180-Day Asylum EAD Clock Notice (PDF, 612.26 KB). Individuals should review the informationabout online filing to determine if they are eligible to file Form I-589 via myuscis.gov. Hi Jason. Withdraw Asylum Application in removal proceedings or terminate removal 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. My mom decided to stay here. How will it be?? However, I do not know your case and I think it is crucial to talk to a lawyer before you try this. Any idea how long would they take to process the RTD application? I have pending application for advance parole based on asylum, should I apply for advance parole based on pending TPS To withdraw a pending I-130 application for a family green card, you can write I-130 Petition for Alien Relative. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Thanks for your response, Jason. I had not seen that and I always send the A number in the header of the email. 3. if i want back home After withdrawal the case still going to be issue when i come back to us again? but there are a lot of knowledgeable people in this forum and i wanted a second opinion. Thank you, You need to have to have 10 years before the US government issues the Notice to Appear (the document initiating removal proceedings). 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. Should I be concerned about traveling at all? 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. You may apply for a Green Card 1 year after being granted asylum. Dzubow & Pilcher, PLLC A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 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). How to withdraw your immigration case from USCIS or the NVC After the Asylum Application is Adjudicated: If you are granted asylum, you are immediately authorized to work. I do not know of a way to do that. That said, if your lawyer is not serving your needs, you are better off with someone who will. 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. You can ask to cancel (withdraw) an application for a visa, visa extension or citizenship. But this photo in the government record will be different from the one photo that in your expired EAD. It happens I doubt it has anything to do with you specifically and is a problem with DHS completing the check. I think that is possible, but I dont know if it is sufficient. You can try, and if it does not work, I guess you can send more information. Thank you for your kind help. (202) 328-1353 File Online Take care, Jason, Hey Jason!!! 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 can explain why you traveled and how you stayed safe, you should be ok, but there is no guarantee. Take care, Jason. Withdrawing asylum application Hi, I have a pending asylum since 2017. 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. Also, I did a post on February 10, 2022 where I discuss this a bit (near the bottom). If not, the dependents could be placed into removal proceedings (i.e., Immigration Court) where they face possible deportation. and any roughly idea how long typically the whole process takes to bring my spouse here in USA? Please disregard my last comment/question as I missed your reply. Hi Jason, i have a pending asylum case and Ive just received my GC based on marriage www.DzubowLaw.com However, you should be prepared to explain why you went and how you stayed safe, in the event that you are asked. 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. What is the possibility of having a green card, if married and filed 1 year b4 the court date? For more information about asylum, seeourAsylum Questions and Answers page. it will not affect also when i want to apply my citizenship?? 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. You might try calling USCIS to see whether you can talk to a person about correcting the error: 800-375-5283. Hi Jason, 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. If you withdraw asylum and try to get a B visa, I think you will have a very difficult time. There is no official USCIS withdrawal form. JDzubow(at)DzubowLaw.com, First, to be clear, the only asylum cases that can be withdrawn are those at the Asylum Office. 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. 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. The photo should be most uptodate in the government database because one is supposed to provide 2 photos when applying for C8 renewal. Cancel your visa, immigration or citizenship application