So I think you can explain the return trip in terms of changed country conditions as well. Termination of Status and Notice to Appear Considerations - USCIS 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? If the Asylum Office needs the Withdrawal Form, they can let you know. Do you think if I withdraw my case I can come back and enter the US to continue my studies? And what if we do not withdraw the case what happens? My date is in February 2024. You can email them to ask about postponing the interview maybe if you had more time, the GC case would get approved you can find their email if you follow the link under Resources called Asylum Office Locator. For additional information about establishing good cause, please review Establishing Good Cause or Exceptional Circumstances . 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. I am sending the email for a withdrawal request. I think even if you withdraw your asylum application, there is a risk to leaving and returning. Take care, Jason. I have a question that I hope can get answered from you. I wrote more about this on January 6, 2016. 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. Ive received a receipt of confirmation. 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. Do you foresee a problem with the entry port when I travel back to the US? Can you tell me please 2022 I have applied for refugee case and today I withdrawal before hearing 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? 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 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 been renewing RTD every year thats like $220 and have missed work opportunities due to that. Yes, you may withdraw your application for asylum, by writing a letter to the asylum office adjudicating your case (it should be in your receipts from the petition). Lets say that you have decided to withdraw your application for asylum. The process is slow and annoying, but a starting point is the form I-589, available at http://www.uscis.gov. Affirmative Asylum | USCIS Delays you may request or cause may include: If you are required to receive and acknowledge your asylum decision at an asylum office but you fail to appear, your 180-Day Asylum EAD Clock will stop, and you may be ineligible to receive employment authorization. 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). 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! Since asylum cases are measured in geologic time, it may be wise to look for alternatives. Withdraw Asylum Application in removal proceedings or terminate removal My mom took us to the Us as an asylum, she gets her greencard and declared us in the Us, after a while she gets her citizenship and I didnt still apply for my greencard yet, is my greencard process cancel because she gets her citizenship or I can still apply to get my greencard because Ive money with me. I wrote more about this issue on January 6, 2016. finally my journey has ended positively and green card is in hand! How much the risk would be, I do not know. 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. On occasion, an officer reviewing the adjustment application will discover evidence that indicates the applicant was not eligible for asylum status at the time of asylum grant or is otherwise no longer eligible for asylum status. 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. You can show that you did not abandon your residency with evidence of your connection to the US (address, job, assets, family members), but it is a risk, and that risk increases the longer you stay out (if you are out for 1 year or more, the presumption is that you have abandoned your status and so you will have to convince the US government that you did not do that). Looking for U.S. government information and services? If you filed before the old EAD expired, you received an automatic 540-day extension. Will it be automatically withdrawn if I leave the US? Take care, Jason, Omg!!! 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. Take care, Jason. An approved I-140 allows you to file an adjustment of status (I-485) or go through consular processing to become a permanent resident (get a green card), an approved I-140 does not mean that your green card is approved. Take care, Jason. Shall I let the uscis now that I am leaving? 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. However, I have not received a decision on my application yet. Cause I dont know where to start Jason. The Republican house majority is going to be in place soon. Even at your I-130 interview, you should stick to your story about your asylum and your persecution. Keep in mind that withdrawing the case does not erase the fact that you filed for asylum in the first place, and so if you plan to return to your home country or engage in any other behavior that might be inconsistent with your asylum case, you should be prepared to explain yourself. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Jason Dzubow, Esq. Withdrawing asylum application Hi, I have a pending asylum since 2017. You will need the receipt number that we provided you after you filed your application. Also, I never renewed my passport as it was issued before I applied for asylum andis still valid! Quick questions on withdrawing asylum case. It is easiest if the person is a US citizen. But there is some important information you should make sure to include: Make sure to address the withdrawal letter to the right USCIS office that is currently processing your application. Withdrawing from the international protection process There is nothing to do at the airport. Hi Jason, I have received msg from uscis that my I730 case transfer to Nvc on oct 1st 2022, I have emailed Nvc and they said your case is not in our system yet, do you share your recent experience how long it takes them to create your case? Tengo una solicitud de asilo junto con mi hijo, yo necesito regresar con urgencia a mi pas de origen pero mi hijo se queda, que debo hacer para que mi partida no afecte a mi hijo, Sorry, my Spanish is not enough to answer in Spanish, but your child could file his own own case for asylum. Request an accessible format. If they have not done so, one of your parents can file an I-130 petition for you. Hi jason. Thank you for the answer! JDzubow(at)DzubowLaw.com. Take care, Jason. Take care, Jason. If yes can i apply for it now or do it at my individual hearing. Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to: You may only file this application if you are physically present in the United States, and you are not a U.S. citizen. 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. Also, I do think there is some risk even if you have the visa in your passport. Take care, Jason, Hi Jason, Thank you for the good work you do. Review our. My spouse and I have a separate pending asylum case, and we are derivatives on each others case. You can travel to your home country, but you should be prepared to explain why you went and how you stayed safe, if you are asked. 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. Like I would choose to give up this opportunity because my fear is probably resolved? Take care, Jason. 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. Good luck, Jason. If you withdraw the case before you leave, you could be referred to Immigration Court anddepending how the court case endsthis could make it much more difficult to return to the U.S. in the future. 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. i have completed 10 years. 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 ? Do we have to withdraw before we make any travel plans? Share sensitive information only on official, secure websites. If an immigration judge denies your asylum application, your employment authorization will terminate on the expiration date printed on your EAD, unless you appeal the immigration judges decision to the Board of Immigration Appeals (BIA) or, after BIA review, you appeal the BIAs decision to a federal circuit court.