Hi SULU , Thank you so much for your super helpful response to my question! I believe the next step is to withdraw my asylum application. You might try calling USCIS to see whether you can talk to a person about correcting the error: 800-375-5283. Chapter 6 - Termination of Status and Notice to Appear Considerations. 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 really want to visit home as soon as receive my GC as one of my family members is sick. Jan 28, 2019. Thanks a lot! I wrote about that on May 11, 2022. Hey sane situation here Nov 4, 2021. employment based green card in hand while pending asylum. And what if we do not withdraw the case what happens? Also, the regime that my mother had fled the country to change and there is another new president and a very nice new administration in place. Obviously, it would be better for everyone if people did not commit fraud, but I suspect that is human nature and it is not going away. it will not affect also when i want to apply my citizenship?? I have obtained my marriage-based green card recently. 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. I wrote about returning to the home country after a grant of asylum on January 6, 2016 maybe that would help. Take care, Jason. And it is possible on my return to declare my wife to come to the USA by showing documents of our marriage?? In the mean while I have I-140 approved and have recently applied for change of status I-485. Note that an attorney-client relationship will only be established after weve established that there is no conflict of interest. Thank you. Thanks for your kind guidance. However, I got a green card through marriage. What will happen when I withdraw my asylum application after TPS approval? Thank you once again. Most importantly, do you think I might have a problem when I apply for naturalization in the future? 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. Take care, Jason. But my question is what could be considered a satisfactoryanswer to USCIS/CBP in case one is asked? It is the job of USCIS, DHS, and EOIR to detect and stop it, and to grant legitimate cases, and they can often detect fraud. 3 I do not think so. We came because she declared us and shes now a US citizen. The officer should return the file to the . 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. Is it possible for someone who crossed the border and is in the country waiting for immigration court hearing to get married to a US citizen and get a GC this way? My political friend released from detention near San antonio and now he is at me in Dallas TX. 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? Nonetheless the government in my home country changed and it is notthe same as whenI applied for asylum! Ante todo reciba un cordial saludo. Finally, I have to say that I feel bad writing this post. JDzubow(at)DzubowLaw.com, First, to be clear, the only asylum cases that can be withdrawn are those at the Asylum Office. But this photo in the government record will be different from the one photo that in your expired EAD. If you filed before the old EAD expired, you received an automatic 540-day extension. Im traveling to Ethiopia. , just less than 3 month i will have another part of my individual hearing? Alsoand this is importantif you have dependents (spouse, children) on your asylum application, the case will be withdrawn for them as well. Please disregard my last comment/question as I missed your reply. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to email a link to a friend (Opens in new window), Click to share on Reddit (Opens in new window), Man Connected to Terror Plot Was Failed Asylee, Attention Asylum Seekers! Can you tell me please 2022 I have applied for refugee case and today I withdrawal before hearing I wrote more about this on January 6, 2016 (this is for asylees who return home, but the issues are similar). We will see what happens with Title 42, but if it goes away, as expected, the numbers at the border will only increase. Cookie Notice Hi Jason, Take care, Jason. However, if you have an urgent need, you will need to decide what to do. During your interview, the officer will have your a file and the asylum decision (if any). I do think this is more risky, as they could accuse you of fraud and also, if you end up doing the asylum case, you will most likely be denied asylum. 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. In 2019 while I was still on F-1 status and pending asylum I applied and adjusted my status based on NIW and consequently, I withdrew my Asylum case. 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. The declaration will include the following: Who you are (your full legal name or as noted on the application) authorized or permitted to remain in the country. So I think you can explain the return trip in terms of changed country conditions as well. Have you seen people with withdrawn asylum cases face problems in naturalization if they travel back to their home country? I do not under stand DHS ( prosecutor) where is he? 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 ? By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. 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). You should be prepared to explain why you returned and how you stayed safe. His case refereed to Immigration Court San Antonio. And I have the Passport of my country I did not use the travel document because it will take several months to arrive. And then I now find outall these people are whats calledfiction writersits such a slap on my faceThey were able to invent stories, deceive asylum officers and IJs and be granted asylum and have such high success rate. I would talk to a lawyer before trying this, as you need to be informed about the different possibilities, but you should be prepared to answer questions at the embassy about why you used your passport. You do not want USCIS to think you are commiting fraud by finding someone to marry you. I think nothing will erase the fact that you filed for asylum, and so you will need to provide convincing evidence that you do not intend to immigrate to the US. 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. To participate remotely, they must complete Form G-1593, Certification by Attorney or Accredited Representative for Remote Participation in an Affirmative Asylum and/or NACARA 203 Interview (PDF, 248.05 KB), and submit it to the asylum office where we have scheduled your interview. Take care, Jason. Does the change in the countrys condition matter for the return trip? 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. A normal application takes over a year. 2. Take care, Jason, Im thinking of filing mandamus lawsuit, Im so tired and depressed my interview was in 2017 also another interview early 2022 and I still dont have any decision. I have had clients travel home and no one has had any major problems, been blocked from entering, or blocked from citizenship. Thank you so much for the advice! 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. Certainly, you are justified to file a mandamus case. 1. Our I-130 case hasnt been decided yet which is pending. At this time, the option to file an online Form I-589 is only available for certain affirmative asylum applicants. What is the possibility of having a green card, if married and filed 1 year b4 the court date? Should I withdraw my asylum case before leaving the us or it does not matter? My all 3 siblings live in different states. If you are in Immigration Court, you may be eligible for Cancellation of Removal (talk to a lawyer about that). Just a quick reminder about the implications of the withdrawal: - After you withdraw your asylum application, you have to leave the United States within short amount of time or, ideally, you have to be taking actions to adjust your status. 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. Can I travel to Canada for one day trip without using passport are travel documents. 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). 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