However, I do not know your case and I think it is crucial to talk to a lawyer before you try this. Thank you for writing about asylum withdrawals. 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). But it does make life easier to have the EAD. Meanwhile, I received my green card through my employer. Hi Jason. The process is slow and annoying, but a starting point is the form I-589, available at http://www.uscis.gov. You might try calling USCIS to see whether you can talk to a person about correcting the error: 800-375-5283. Also, I did a post on February 10, 2022 where I discuss this a bit (near the bottom). I no longer have any fear of persecution from the current regime. 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office again and ask about withdrawing, as it should not take 3 years for them to do that (though even if the case is withdrawn, it does not change the fact that you had filed for asylum and so you still need to be careful that the US government does not believe that the asylum case was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). Can I apply LMIA? my lawyer told me about a mandamus lawsuit as a last resort, but I am not interested because I am afraid that my application might be denied, just for suing the institution. How do you do it? 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. Is it advisable for me to apply for the U Visa, being a victim of crime, while my case is in court? Withdraw Asylum Application in removal proceedings or terminate removal Take care, Jason. For more information see ourForm I-589, Application for Asylum and for Withholding of Removal page. Archived post. Take care, Jason. However, they would probably be better getting EADs based on your spouse, assuming the spouse remains in the US. 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. Take care, Jason. Im court or om different address? 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. To include your child on your application, the child must be under 21 and unmarried. I can confirm that closing your asylum case does not help with I-485 (in fact, only adds scrutiny). An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. Take care, Jason. Look at the Special Instructions on the I-589 web page. 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. 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. 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. Usually you can see this information in your Receipt Notice (I-797) issued to you when USCIS receives your petition. 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. But my question is what could be considered a satisfactoryanswer to USCIS/CBP in case one is asked? You can try, and if it does not work, I guess you can send more information. You may file for asylum if you are physically present in the United States and you are not a U.S. citizen. I am asylum seeker with my mom. The Republican house majority is going to be in place soon. 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. Alsoand this is importantif you have dependents (spouse, children) on your asylum application, the case will be withdrawn for them as well. I have my Individual hearing in February 2023. i came to this country on a work visa, then i applied for Asylum. C15-0813JLR (W.D. I wrote more about this on January 6, 2016. In terms of returning to the US, the GC should be enough. This could happen the same day ormore likelytake weeks or months. In most cases, the person would need to leave the US and get a waiver to return, but there may be (rare) exceptions. The above-listed Applicant has obtained a Green Card through marriage to a U.S. Citizen. DISCLAIMER: All Case Results published here depend on specific facts and legal issues unique to the case. Will that erase the sign of immigration intent? Take care, Jason. At this time, the option to file an online Form I-589 is only available for certain affirmative asylum applicants. Nov 4, 2021. employment based green card in hand while pending asylum. 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. First, to be clear, the only asylum cases that can be withdrawn are those at the Asylum Office. Once you have that, you can apply for the GC. Certainly, you are justified to file a mandamus case. Thanks. 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. I want my husband to get his green card through marriage and not asylum so is it fine to withdraw? You need to file many documents in advance to apply for Cancellation, and also pay the fee, which takes time. Thanks for your response, Jason. www.DzubowLaw.com 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. To withdraw a pending I-130 application for a family green card, you can write I-130 Petition for Alien Relative. They are still in jail, and the District Attorney Office has been calling and updating me as a victim of crime. 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. That sounds like a good explanation for why it is safe to return. 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. When I will get the final decision of withdrawal my case? It takes over a year for most people. Since asylum cases are measured in geologic time, it may be wise to look for alternatives. 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. It looks like USCIS took some kind of LIFO policy for the EAD renewal application as well. You may apply for a Green Card 1 year after being granted asylum. 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. 2. 2. Ive 5 years in the Us, If you were a dependent on your mothers and if she is now a citizen, but you still only have asylum status, you are no longer eligible to get your Green Card. If my passport is renewed, can there be any problems with renewing my G-4 visa given that I filed for asylum? For additional information about establishing good cause, please review Establishing Good Cause or Exceptional Circumstances . I note that if you are in proceedings before the immigration court, you will find it very difficult to withdraw your asylum case. To apply for employment authorization, you must file a Form I-765, Application for Employment Authorization. Also, I never renewed my passport as it was issued before I applied for asylum andis still valid! If you were placed in expedited removal proceedings, you received a positive credible fear determination, and USCIS retained your asylum application for further consideration in an Asylum Merits Interview, please visit our Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determination page. Sorry, this post was deleted by the person who originally posted it. Affirmative Asylum | USCIS Does anyone have any idea how should I go about it? 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. My asylum case is pending for 5/6 years. Thank you for your article and comments here. Take care, Jason. 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. I would talk to a lawyer to figure out the best way to approach this situation. 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? 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. However, wouldnt withdrawing my asylum application look like a sign that i do not have immigration intent? Thank you, I am not sure what you mean by withdrew the case, but if the asylum case ended, then your child would not be able to be your dependent any more, since the child is over 21 years old. My friend who crossed Mexico Border last month and was detained, He released today. 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. If your asylum case states that the government wants to persecute you, maybe you want to be prepared to explain why you used a passport from that government, just in case you are asked. My boss is also someone the government publicly considered as a dissent. The time to withdraw is not predictable, and it could be done quickly. His case refereed to Immigration Court San Antonio. I know there is a USCIS page saying some people can get 540 day receipt. 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. I wrote more about this on January 6, 2016. Hi Jason, Can I mention my A number as A#******123 and my receipt number as ZCH*******123 or do you suggest writing them fully in the email? In terms of your wife, you would need to file an I-130 for her once you are legally married. 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. 3. Pls help. The declaration will include the following: Who you are (your full legal name or as noted on the application) Can he again file Asylum Case form i589 form in immigration court at the time of Hearing with same date? The status still shows "next step is an interview". AP would allow you to travel outside the US and return. finally my journey has ended positively and green card is in hand! 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. Dzubow & Pilcher, PLLC Asylum application Withdrawal: Advice - Immigration The bigger problem from my perspective is their utter disregard for due process of law as they strive to reduce their backlogs. Thanks. 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. Paid my taxes and dont have any criminal records. Can I abandon my asylum application? - Legal Answers - Avvo 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). I was interviewed the same year however no decision was issued on my case for 2 years. !, please guide me, Thank you. Take care, Jason. I am sending the email for a withdrawal request. What will happen when I withdraw my asylum application after TPS approval? Thank you so much for the advice! A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. i have completed 10 years. I would rely on the online system. 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? The app will add the default line automatically even if you do not specify it. However, it seems that my government has never found out my activities(there are some evidence for that), and I want to go home and see my family because they are sick. I have a question that I hope can get answered from you. 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. Take care, Jason. If the case is postponed, I may be able to assist. Assuming you get a green card, you can withdraw your asylum case. Please find attached the following: Please let me know if you have questions or need any additional information. Good luck, Jason. Hi Jason, Can I withdraw my asylum case I-589?How to write the letter?Can you 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. Seriously!! File Online (202) 328-1353 It appears you are in removal proceeding. Our cases got united. I really want to visit home as soon as receive my GC as one of my family members is sick. WellI agree with the EAD renewal point but still think LIFO should be in place. Take care, Jason. Take care, Jason. Take care, Jason. This wont cause any problem when I return?? Marriage to a U.S. Citizen After an Asylum Application or in Removal Of course, we do not know, so that is only a guess. I am a LPR based on asylum. 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. There is no fee to file this petition. Fraud has always been an issue in asylum cases and every other area of law and life. However, I have not received a decision on my application yet. There is nothing to do at the airport. 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.