Without that, I am not sure whether they can match your email to the case. Withdrawing asylum application Hi, I have a pending asylum since 2017. I will be prepared to explain that. Hi Jason, i have a pending asylum case and Ive just received my GC based on marriage 1 If his case is in court, he needs to file with the court and DHS (the prosecutor). withdrawal of asylum application - Immigration Do you have any experience how long EAD renewal for pending Asylum applicants take these days? In terms of your wife, you would need to file an I-130 for her once you are legally married. But if the asylum case was referred to court, maybe the child remains a dependent. 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. That said, if you wanted to contact me, it is best to email: jdzubow@dzubowlaw.com. I am with a pending asylum case. I want to withdraw asylum and go back Take care, Jason. Jason, Thank you so much for your prompt reply and valuable insights regarding my asylum case. I have obtained my marriage-based green card recently. Withdrawing asylum applications: caseworker guidance - GOV.UK 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to return to the US without much trouble assuming the H1b is approved and that the asylum case whether it is pending or withdrawn will not be a big obstacle. His case refereed to Immigration Court San Antonio. 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. I have my Individual hearing in February 2023. i came to this country on a work visa, then i applied for Asylum. If you are granted a g.c based on your spouse then your asylum case has no meaning or you withdrawing it. 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. I have a SSN and work permit, so I stay here legally. 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. Hi Jason, Even if I face a problem back home I would rather go and meet my mother and deal with the threat than regret it all my life. 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 you get TPS, maybe that is a better solution, since it is easier to get AP based on TPS than based on asylum. 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. 4. Please take care as well! That is discussed more in the above article. First, to be clear, the only asylum cases that can be withdrawn are those at the Asylum Office. Also, I do think there is some risk even if you have the visa in your passport. 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. Amitab, Asylum processing and I-130 are 2 seperate processes. 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? it will not affect also when i want to apply my citizenship?? If they have not done so, one of your parents can file an I-130 petition for you. without wasting time andany more money i plan to do go ahead. For Address change he has to go San Antonio Court or Dallas Court? Hi Jason. 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. I have 2 kids who are US citizens. I have asked the USCIS Customer service to expedite my RTD application and sent the supporting documents. I can confirm that closing your asylum case does not help with I-485 (in fact, only adds scrutiny). Can I Apply for Asylum While On An F1 Student Visa? Thank you so much for the advice! 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. 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). 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. On May 25, 2022, I wrote about using the passport after asylum is granted, but the issues are about the same before it is granted (or if it is withdrawn, since the fact that you filed cannot be erased). When would be the best time to submit my withdrawal? 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. You cannot withdraw such a case because the case is done and there is nothing to withdraw. I truly appreciate your expertise on this matter. 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. I am planning to withdraw it soon but I have heard it takes months to be withdrawn and I have to travel in a week. If you filed before the old EAD expired, you received an automatic 540-day extension. 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. My concern if I withdraw the asylum application after my GC, that will take longer time and I have to wait more for the decision. I apologize for the confusion. 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? By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. I have had many clients return to the home country, and no one has had any real problems, but if you are prepared to explain the trip, you will be ready just in case. Given that life happens during this long wait, applicants sometimes want to withdraw their application for asylum. I have a question. Could you please help me and be my Lowyer to proceed my case so that it can do everything a little bit faster? 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. The bigger problem from my perspective is their utter disregard for due process of law as they strive to reduce their backlogs. Take care, Jason, Omg!!! 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. LIFO still the rule of the land, EAD renewal taking forever, everything seems stopped! 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. The time to withdraw is not predictable, and it could be done quickly. How to File You must: Read the instructions for Form I-589, Application for Asylum and Withholding of Removal; Complete and sign your Form I-589; and Provide all required evidence and supporting documentation. Withdrawing asylum claims PDF, 308 KB, 21 pages This file may not be suitable for users of assistive technology. There are many reasons for this, but the main reason is that until you actually have the Green Card, you cannot be sure whether or when you will get it. Should I withdraw my asylum case before leaving the us or it does not matter?