Hello my husband has his asylum interview next month however I am his US Citizen Wife and was wondering if he could withdraw his Asylum case since we are doing I-130. 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. I do not under stand DHS ( prosecutor) where is he? 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. How much the risk would be, I do not know. 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. Sorry, this post was deleted by the person who originally posted it. (202) 328-1353 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. If they have not done so, one of your parents can file an I-130 petition for you. It is already very late to prepare a Cancellation case for February, so you should talk to a lawyer about this as soon as possible. When he has to go for Hearing? 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. 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. Hi, has anyone ever had an issue when starting new employment and get a TNC while on 540 receipt ? 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. Thank you for the article! If yes can i apply for it now or do it at my individual hearing. For a marriage case (or other Green Card case), I always recommend that my clients get the Green Card beforethey seek to withdraw their asylum application. 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. Thank you so much for your super helpful response to my question! It is not easy to reach a person, but if it gets routed the wrong way, you might never receive a receipt or it could be denied. Is it advisable for me to apply for the U Visa, being a victim of crime, while my case is in court? I am resident with As8 greencard category. My J1 student visa is still valid. Lets say that you have decided to withdraw your application for asylum. Alsoand this is importantif you have dependents (spouse, children) on your asylum application, the case will be withdrawn for them as well. 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. I appreciate your feedback. Also, the regime that my mother had fled the country to change and there is another new president and a very nice new administration in place. Withdrawing asylum claims PDF, 308 KB, 21 pages This file may not be suitable for users of assistive technology. But if you have a good reason for returning (which it seems you do) and you can explain how you stayed safe, you could still potentially win the asylum case and avoid any accusation of fraud. So I am not gonna judge which one is right which one is wrong, but with respect to 2023, is there any sign that this situation might change ? I doubt you will have a problem, but there is no guarantee and it depends on the specifics of your case. Archived post. I believe the next step is to withdraw my asylum application. 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. !, please guide me, Thank you. He has hearing in San Antonio Court next Month.My Questions are: 1. And also, while it may be worse for some, it is probably better for others. 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. Can I Apply for Asylum While On An F1 Student Visa? Can I apply LMIA? Reference your case number. ? Our cases got united. Nov 4, 2021. employment based green card in hand while pending asylum. But my question is what could be considered a satisfactoryanswer to USCIS/CBP in case one is asked? Hopefully, it will pass, but that will only help certain people. Is it possible for someone who crossed the border and is in the country waiting for immigration court hearing to get married to a US citizen and get a GC this way? Take care, Jason. Thank you very much, I do not know. 2. 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. Jason Dzubow, Esq. Can I travel to Canada for one day trip without using passport are travel documents. I have a pending asylum application for years. Hi Jason, You need to file many documents in advance to apply for Cancellation, and also pay the fee, which takes time. 1 virrrrr29 1 yr. ago I think that answer is very satisfactory and I think it is unlikely that you would have any problem with the US government under those circumstances. Is the statement because the backlog is too long to wait and I got H1-b and I-140 filed or approved through my employer enough? Secure .gov websites use HTTPS Can I Withdraw My Asylum Application in 2023? I would get the process started, but if you have a valid GC and are not returning to your home country, I doubt this would be an issue for you. Good luck, Jason. 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. May I ask who reviews the photo during everify process ? Ante todo reciba un cordial saludo. Take care, Jason, Hola! 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. 1 If his case is in court, he needs to file with the court and DHS (the prosecutor). My asylum application has been pending at the field office for over eight years. Thank you so much, do you think is that ok i change my attorney if i am nit happy with him and judge will accept it?! Ive received a receipt of confirmation. I am presently awaiting my master hearing date, having been referred to the court. The app will add the default line automatically even if you do not specify it. 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. So the photo will be different, I have in the past had employers indicating the two photos are different during everify process. 1 You can do that. Maybe a better approach is to file for Advance Parole (which unfortunately takes a long time, but you can try to expedite) and use that to travel and re-enter, or at least have AP as a back-up plan if you cannot re-enter on the F-1 visa. Since asylum cases are measured in geologic time, it may be wise to look for alternatives. 3 I do not think so. Shortly after the incident, I called 911, and there were able to arrest the guys and recovered my stolen items and the gun used to rob me. Share sensitive information only on official, secure websites. I would talk to a lawyer to figure out the best way to approach this situation. For a marriage case (or other Green Card case), I always recommend that my clients get the Green Card, The easiest way to withdraw a case is to email your local Asylum Office and ask that the case be withdrawn. Also, I did a post on February 10, 2022 where I discuss this a bit (near the bottom). Ive 5 years in the United States, Hey Jason!!! Take care, Jason. Thanks a lot! 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? 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. Thank you so much, is that possible you take over my case? If you are in Immigration Court, you may be eligible for Cancellation of Removal (talk to a lawyer about that). I do not do such cases, and I do not have anyone to recommend, but you might start with http://www.AILA.org, which has a referral service for immigration lawyers. 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). My fear for next year is that Congress will reduce funds for USCIS, and these funds have allowed them to make some progress (over 95% of their funds come from user fees, but it seems that some additional funding was given by Congress and that has helped make some improvements). Is there a USCIS page that says the 540 receipt people may have a photo displayed in everify that is different from their expired EAD ? In any event, you are eligible to work even without the EAD (see 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). i have been refered to immigration court. Tell me when did you apply your I 730 for your spouse and how long did you wait to get the message from USCIS. Not really sure if there were/are discussions on extending the RTD validation to more than a year. Hi Jason, After you email the Asylum Office, most offices will send you an automated reply. Take care, Jason. 4. i have completed 10 years. As you know most countries require 90 days in passport before traveling which limits travel/work opportunities especially for individuals working in international development. Our countrys asylum system represents a commitment to protect people facing human rights abuses. 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. I havent seen my family in almost 8 years!!! Anyway, we shall find out soon enough. I wrote about returning to the home country after a grant of asylum on January 6, 2016 maybe that would help. Take care, Jason. There is no official USCIS withdrawal form. Privacy Policy. Thank you This thread is archived New comments cannot be posted and votes cannot be cast. 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? Cookie Notice You must file the petition within 2 years of being granted asylum unless there are humanitarian reasons to excuse this deadline. thank you for your post. 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. My friend who crossed Mexico Border last month and was detained, He released today. Will I get deported and how long it takes, so I can arrive at the airport early. 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. Can I Apply For Asylum After The One Year Deadline? Alert: Effective Nov. 15, 2022, affirmative asylum applicants may now file an online Form I-589, Application for Asylum and for Withholding of Removal. DISCLAIMER: Everything displayed on this site shall be regarded as general information and in no way should it be interpreted as legal advice. because it was my mother who had fled the country. Can I cancel my application and go to my home country using my home passport? Who are the best lawyers for these cases, if anyone could please share experience/ feedback I would really appreciate it. 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. 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. 2 If you plan to visit your home country, you should be careful. I do think this is more risky, as they could accuse you of fraud and also, if you end up doing the asylum case, you will most likely be denied asylum. Im confused. That sounds like a good explanation for why it is safe to return. I am worried that they will impose bad policies and/or oppose good policies (Impeaching Secretary M*yorkas, etc), I would like to see secretary M*Yorkas impeached! Amitab, Asylum processing and I-130 are 2 seperate processes. Take care, Jason. You can withdraw the asylum case, as discussed above. Take care, Jason. Wait times after the I-730 is approved seem pretty variable, especially if the person needs to interview at an embassy in a third country, but I would say most (but not all) cases are resolved within a year.