Not really sure if there were/are discussions on extending the RTD validation to more than a year. 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. Cancel your visa, immigration or citizenship application Now i want to withdraw my asylum case, so 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 was interviewed the same year however no decision was issued on my case for 2 years. But my question is what could be considered a satisfactoryanswer to USCIS/CBP in case one is asked? Should that be considered a satisfactory answer? First, to be clear, the only asylum cases that can be withdrawn are those at the Asylum Office. 4 I do not know your case, but for true marriages where there are no criminal or immigration issues, most everyone gets a GC. That said, if you wanted to contact me, it is best to email: jdzubow@dzubowlaw.com. You'll get a refund of the immigration health surcharge if you cancel before a decision has been made. The bigger problem from my perspective is their utter disregard for due process of law as they strive to reduce their backlogs. To withdraw a pending I-130 application for a family green card, you can write I-130 Petition for Alien Relative. 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? I applied for asylum last year due to fear of potential political persecution in my home country. The photo should be most uptodate in the government database because one is supposed to provide 2 photos when applying for C8 renewal. So my question is: what do I do now? 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. 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. Take care, Jason. Can I Withdraw My Asylum Application in 2023? Can I apply LMIA? "Green Cards" Approved For Asylum Applicant through Marriage - Law Ive 5 years in the United States, Hey Jason!!! For more information, please see our #5. If you are reading this blog (which presumably, you are), you already know about the massive delays at our nations Asylum Offices. You can leave the US or seek some other type of relief, and I guess you can withdraw the asylum application, but the court case will still go forward unless the judge agrees to close. The Republican house majority is going to be in place soon. 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). Similarly, for people who leave the United States, I advise them to wait until they are outside the country before seeking to withdraw the asylum application. I cannot tell from your message, but if you go to court, you should have a lawyer to help you, or if not, you can ask the judge about that. How do you do it? A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. You can leave at any time. Thank you. If you are granted asylum you may petition to bring your spouse and children to the United States by filing aForm I-730, Refugee/Asylee Relative Petition. If you withdraw asylum and try to get a B visa, I think you will have a very difficult time. 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 If your case is in court and you leave, you will be considered deported, and that normally comes with a 10 year bar to returning (there could be other bars as well). 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. Details UK Visas and Immigration guidance for staff. Paid my taxes and dont have any criminal records. 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. 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. Given that life happens during this long wait, applicants sometimes want to withdraw their application for asylum. 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 have a question that I hope can get answered from you. What is the possibility of having a green card, if married and filed 1 year b4 the court date? I have my Individual hearing in February 2023. i came to this country on a work visa, then i applied for Asylum. 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. There is nothing to do at the airport. Is it advisable for me to apply for the U Visa, being a victim of crime, while my case is in court? Reddit and its partners use cookies and similar technologies to provide you with a better experience. 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. If you think you may be eligible for Cancellation, talk to a lawyer as soon as possible. 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? Hi Jason. However, I have not received a decision, and I feel the condition has changed --- according to some signs I see, persecution against me will be more unlikely than likely. Take care, Jason. In addition, I notice there are some dissatisfaction expressed somewhere else regarding the situation at the border. 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 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. Withdrawing Your Asylum Case - The Asylumist Thank you This thread is archived There are currently about 543,000 pending cases, and some applicants have been waiting for an interview for six, seven, eight years or longer. Also, do I need to carry any additional documentation with me during my travel? 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. Can I cancel my application and go to my home country using my home passport? Thanks again! Hello I have had clients travel home and no one has had any major problems, been blocked from entering, or blocked from citizenship. Take care, Jason. I think it is unlikely that you will have problems, and while it seems to me that in many ways, country conditions are worse now than before, that will not be known to most USCIS officers. The process is slow and annoying, but a starting point is the form I-589, available at http://www.uscis.gov. Take care, Jason. How Do I Withdraw My Asylum Application? 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? 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. 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. Presumably, they match the email to the case that way. Hi, I have applied for asylum 2 years ago, and it is in pending status. for those who have similar case, pending asylum and have approved employment based case hope is still there. I think that is possible, but I dont know if it is sufficient. How will it be?? 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. Thanks for your response, Jason. In this post, well talk about when it might be appropriate to withdraw a case and how to do that. If the Asylum Office needs the Withdrawal Form, they can let you know. I am presently awaiting my master hearing date, having been referred to the court. Also, I did a post on February 10, 2022 where I discuss this a bit (near the bottom). 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. Hi Jason. Once you apply for i485, you don't need to do anything. Is that something convincing to say when I withdraw my asylum case in the United States and come back a few months later to continue my academic studies? File Online Will I get deported and how long it takes, so I can arrive at the airport early. The immigration courts are much worse, and they have no excuse at all. 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. However, wouldnt withdrawing my asylum application look like a sign that i do not have immigration intent? Extremely grateful for the green card, is there a way not to be renwing RTD yearly considering that were also in recession. If they have left the U.S. or have lawful status here, you must also provide evidence of that to the Asylum Office when you request to withdraw your case. 1. My best guess is that it takes maybe 3 or 4 months for the NVC to do whatever it does and forward the case to the embassy. Visit our Obtaining Asylum in the United States page for more information on affirmative and defensive filings. 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. Take care, Jason. 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. 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). Take care, Jason. With the holidays coming up, it certainly wont make things any faster, but maybe you want to follow up with a call in a week or so and see if there is progress. 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?