Individuals should review the informationabout online filing to determine if they are eligible to file Form I-589 via myuscis.gov. 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. Hopefully you will hear good news on your EAD renewal soon. Thank you very much! I do not think you have to withdraw before travel, as long as you have a GC, you can re-enter the US. Can I apply LMIA? When he has to go for Hearing? JDzubow(at)DzubowLaw.com, First, to be clear, the only asylum cases that can be withdrawn are those at the Asylum Office. Hi Jason. I wrote about returning to the home country after a grant of asylum on January 6, 2016 maybe that would help. Your application can also be deemed to have been withdrawn if you do not cooperate in the appeals process or fail to attend an oral hearing. Do you have any experience how long EAD renewal for pending Asylum applicants take these days? Jason Dzubow, Esq. Take care, Jason, I cant say I disagree but in the case of the asylum office, at least they have the excuse that Congress has forced them to deal with Afghan cases. Can I Apply For Asylum After The One Year Deadline? Assuming you get a green card, you can withdraw your asylum case. I already have my green card through EB-2 NIW and also submitted an application to withdraw my asylum application three years ago. How Do I Withdraw My Asylum Application? Please find attached the following: Please let me know if you have questions or need any additional information. We are cofused due to some situation: Because before releasing he got letter by hand in Detention Center by Department of Home Land Security that he has to appear in Immigration Court San Antonio TX on December 14,2022.At the time of release he got Interim Notice Authorizing Parole and was written it to contact for any change of address or correction to Immigration judge Dallas TX. You can change your attorney whenever you want that is your choice. 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. but there are a lot of knowledgeable people in this forum and i wanted a second opinion. 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. There is no fee to file this petition. The process is slow and annoying, but a starting point is the form I-589, available at http://www.uscis.gov. Thank you This thread is archived I wrote more about AP on September 11, 2017. I have not heard about them trying to re-instate Trump policies they have been trying to eliminate Title 42, but that has been blocked by a court. 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. finally my journey has ended positively and green card is in hand! Thank you, You need to have to have 10 years before the US government issues the Notice to Appear (the document initiating removal proceedings). I am the attorney of record in the above-listed case. 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). withdrawal of asylum application - Immigration I wrote more about this on January 6, 2016. 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. 1. I have been on a G-4 visa for about 7 years and I applied for asylum last year based on the fear of persecution due to the regime change in my country. But this photo in the government record will be different from the one photo that in your expired EAD. That said, I do think it is best to get the RTD if you can, but certainly I understand that that document is very limited. The time to withdraw is not predictable, and it could be done quickly. 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 do not intend to travel to my country but use my home country passport to travel. Take care, Jason. Thanks. Affirmative asylum applicants may not file an online Form I-589 if they: If you are eligible for asylum you may be permitted to remain in the United States. We got our GC through work and now we have to withdraw the asylum case. 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. Asylum withdrawal - Langar Law Firm My question now is: should I withdraw my asylum application now while my I-485 is pending or wait on the withdrawal until I have green card.? 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? Ante todo reciba un cordial saludo. I have 2 kids who are US citizens. 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. 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 the case too soon, before you have your residency, could result in a referral to Immigration Courtand this could easily derail your Green Card application. Thanks for your kind guidance. This could happen the same day ormore likelytake weeks or months. Also, I did a post on February 10, 2022 where I discuss this a bit (near the bottom). For my clients, I advise them to get the GC first and then withdraw, as that is safer (if the GC is denied, they still have the pending asylum). We cannot provide you with a sample of a withdrawal, as each person will have a different situation. 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. 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. And I have the Passport of my country I did not use the travel document because it will take several months to arrive. If you fail to appear fora scheduled asylum interview without good cause, or fail without good cause to provide a competent interpreterif you are required to do so, wemay refer your Form I-589 to an immigration judge, and you will be ineligible for employment authorization based on your pending Form I-589.
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