I am planning to travel to my home country for two months and return to the US. Its been 3 years and still pending. Cancel your visa, immigration or citizenship application In addition, the govt is also trying to appeal title 42. My mom decided to stay here. They are still in jail, and the District Attorney Office has been calling and updating me as a victim of crime. 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. I am asylum pending waiting for interview! If yes can i apply for it now or do it at my individual hearing. I have asked the USCIS Customer service to expedite my RTD application and sent the supporting documents. 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. Thanks! However, wouldnt withdrawing my asylum application look like a sign that i do not have immigration intent? I do think it may be worth talking to a lawyer about the specifics of the situation, but I do not know that you will get a definitive answer, since much of this may depend on the officer who inspects you upon return. Asylum withdrawal - Langar Law Firm 2. Meanwhile, I received my green card through my employer. Of course, we do not know, so that is only a guess. Even if you withdraw your asylum application, you will still be barred. Take care, Jason, Hello, Make sure to use your name exactly as it appears on your asylum receipt. I applied for asylum last year due to fear of potential political persecution in my home country. 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. Take care, Jason. because it was my mother who had fled the country. Given that life happens during this long wait, applicants sometimes want to withdraw their application for asylum. Unless he currently has some status (for example student visa or work visa), they will typically not allow a person to withdraw a case and if he does withdraw, they will likely send him to Immigration Court, which will create more difficulties. I came here during the old regime and now a new regime is in place. If funds are reduced, it will certainly not have a positive impact on USCISs services. What would you advise me to do Jason in my case. For all GC-holders, if you leave the US for 6 months or more, you take a risk that the US government will consider your GC abandoned and you will lose your status here. I have a valid F-1 visa and intend to continue my studies in the US after my home visit. Take care, Jason. USCIS Stopped Applying June 2020 Rules Pursuant to Court Order in This wont cause any problem when I return?? I already have my green card through EB-2 NIW and also submitted an application to withdraw my asylum application three years ago. You should contact an attorney directly regarding your own situation. Whether it will be possible to get a student visa, I do not know, but school and some lawyers do such visas and so maybe they can help you prepare a strong application. The immigration courts are much worse, and they have no excuse at all. An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. In this post, well talk about when it might be appropriate to withdraw a case and how to do that. Thank you so much, is that possible you take over my case? If there is no response within a month or two, you can follow up with another email. In the subject line of the email, I indicate that we want to withdraw the application, and we include the name of the applicant and the Alien number. 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). Finally, if your friend plans to file for asylum, he needs to do that within one year of arriving in the US, so you cannot wait until May 2024. If you withdraw a pending case while you are in the US and have no status, you will be placed in removal proceedings and eventually ordered deported, which makes it hard to return. If you have an asylum application pending with us, you can check the status of your application at Case Status Online. Ante todo reciba un cordial saludo. When would be the best time to submit my withdrawal? If you are scheduled for an asylum or NACARA 203 interview at an asylum office and you have an attorney or an accredited representative, they may participate in your interview remotely by telephone. I am asylum seeker with my mom. 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. Usually you can see this information in your Receipt Notice (I-797) issued to you when USCIS receives your petition. 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. Assuming you get a green card, you can withdraw your asylum case. 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). I dont think I will be able to take any new cases with court dates scheduled in the next few months. Withdrawing asylum application Hi, I have a pending asylum since 2017. You need to file many documents in advance to apply for Cancellation, and also pay the fee, which takes time. You will need the receipt number that we provided you after you filed your application.
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