If you are reading this blog (which presumably, you are), you already know about the massive delays at our nation’s Asylum Offices. There are currently about 543,000 pending cases, and some applicants have been waiting for an interview for six, seven, eight years or longer. Given that life happens during this long wait, applicants sometimes want to withdraw their application for asylum. In this post, we’ll talk about when it might be appropriate to withdraw a case and how to do that.
First, to be clear, the only asylum cases that can be withdrawn are those at the Asylum Office. 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).
For a case at the Asylum Office, there are really only a few situations where you would want to withdraw the asylum claim: (1) Where you have left the United States; (2) Where you have received a Green Card; or (3) Where you have some valid non-immigrant status, such as an H1b visa that allows you to remain lawfully in the United States. If you are in the U.S. and have no legal status here, withdrawing the application will result in a referral to Immigration Court (assuming that the Asylum Office even allows you to withdraw the application under these circumstances).
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. For a marriage case (or other Green Card case), I always recommend that my clients get the Green Card before they seek to withdraw their asylum application. There are many reasons for this, but the main reason is that until you actually have the Green Card, you cannot be sure whether or when you will get it. Withdrawing the case too soon, before you have your residency, could result in a referral to Immigration Court–and this could easily derail your Green Card application.
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. If you withdraw the case before you leave, you could be referred to Immigration Court and–depending how the court case ends–this could make it much more difficult to return to the U.S. in the future.
Let’s say that you have decided to withdraw your application for asylum. How do you do it?
The easiest way to withdraw a case is to email your local Asylum Office and ask that the case be withdrawn. You can find their email address if you follow this link.
A typical request to withdraw might look like this (this request was written by me, so I indicated that I am the attorney):
Subject: Withdraw Asylum Case – Bobbi FLEKMAN, A 314-159-265
Some explanation is in order. 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. In the email itself, we include the reason why the person seeks to withdraw the case (for example, the person left the U.S. or the person received a Green Card) and we attach proof about that (visa and passport stamps showing that the person left the country, or a copy of the Green Card, front and back). Some Asylum Offices have a Withdrawal Form; others do not. You can email your local Asylum Office to ask, but if you do not have the form you can still make the request to withdraw your case. If the Asylum Office needs the Withdrawal Form, they can let you know.
After you email the Asylum Office, most offices will send you an automated reply. After that, you will have to wait for a decision or a request for additional information. This could happen the same day or–more likely–take weeks or months. If there is no response within a month or two, you can follow up with another email.
Eventually, the Asylum Office will make a decision. If you are outside the United States or if you have lawful status here (a Green Card or some non-immigrant status), the application will be withdrawn and the case closed. 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.
Also–and this is important–if you have dependents (spouse, children) on your asylum application, the case will be withdrawn for them as well. 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. If not, the dependents could be placed into removal proceedings (i.e., Immigration Court) where they face possible deportation.
Finally, I have to say that I feel bad writing this post. Our country’s asylum system represents a commitment to protect people facing human rights abuses. The fact that asylum applicants are stuck for years in limbo, causing some to withdraw their cases, demonstrates how poorly our system is working. 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.
Hello Jason I have a pending asylum in the US. In the meantime I got approved for PR in Canada. I am planning to withdraw my case , so my following questions are related to it.
A) Requesting for withdrawal will affect me to enter the USA in the future ?
B) If I’m leaving in a month when should I apply for my withdrawal?
Thank you for your help in advance much appreciated
A – if you withdraw the case it will have less affect than if you do not withdraw the case, but withdrawing does not erase the fact that you filed for asylum, and does not erase any other immigration issues such as visa overstays. So it may be more difficult to return here, but it will also depend on what type of visa you are seeking. If you want a B or F visa, that may be more difficult than an H1b or an L, but if you apply and have trouble, you can talk to a lawyer for help. B – I would apply after you leave, as if you apply now and they actually withdraw the case, they might send you to immigration court unless you have some other status in the US. Once you leave, you can send them evidence that you left and they will eventually withdraw the case (usually that takes months or longer, but I guess it is possible for them to act quickly). Take care, Jason
Hey Jason,
I’m just wondering is asylum pending status would consider as illigal status? Is there any effect on pending asylum cases bcuz of new government policies? And also how long does it take to apply for travel permit? And is there any explanation on it ?
Is it possible if you have want to apply visa to different countries ? Will it effect anything bcuz of I have applied asylum in USA? will other county immigration able to pull up my records?
You have a pending application. It is not a status, but it is a pending application and unless something changes with the law (which required Congress to pass a new law), you have a right under the law to have that status adjudicated. I imagine Trump will try to make administrative changes to make the process more difficult, but I do not see how they can eliminate that. You can apply for Advance Parole while asylum is pending. I wrote about that on September 11, 2017. These days, the process takes more than a year. I do not see how applying for a visa would affect your asylum case, but if you travel with your passport, the asylum office could ask you to explain why you used a passport from a government that seeks to persecute you. This is easier to explain if you fear non-state actors, and more difficult to explain if you fear the government, but if you do not return to your country, I doubt it will be a major issue in your case (especially if you use an existing passport and do not renew your country passport). Take care, Jason
Thank You Jason! I really appreciate your responses!
Hello Jason,
I have a pending asylum status and as well as F1 OPT status. My dad wants to visit me and he has B1B2 visa. Is there any problem at immigration when he enter US to visit me. Will they check my status? Will it effect to my dad to enter ? will they stop my dad because of I’m on pending asylum status ?
Normally, if a person has a pending asylum status, it only affects their spouse or child (since those are the only people who can join the asylum case). Also, the effect is usually for people trying to get a new visa, and not for people entering on a visa that they already have. So for these reasons, I doubt it will have any effect. I do think he should have some evidence that he will leave the US after his visit – proof of a job, property, other family members, etc. Maybe just scan that and have it available on his phone or computer. Take care, Jason
Buenas tardes!! Entré a este país con un ESTA ya que tengo pasaporte italiano pero soy venezolana, ya tengo un año aquí y hace poco introduje mi solicitud de asilo como perseguida, ya me tomaron los datos biométricos, durante este año no he trabajado, solicité ITIN porque me dijeron que sería más fácil poder conseguir trabajo lo cual no es cierto. Ha sido duro para mí estar sin trabajo y no tener recursos y es por eso que he pensado en devolverme porque a pesar de que en mi país estaría en riesgo, puedo mantenerme económicamente además que mi familia está allá y no estaría sola. Pregunté y me dijeron que si me devolvía a mi país de origen jamás podría obtener de nuevo un ESTÁ y nunca podría venir y me entristece porque desearía poder volver en un futuro solo de visita porque me encantaría tener la oportunidad de seguir conociendo este hermoso país y visitar los buenos amigos que tengo y me han ayudado tanto este tiempo. Hay alguna opción para irme y poder regresar algún día??
You can file to withdraw your asylum case if your case is with the Asylum Office (per the article above) or if you are in court, you can file for “voluntary departure” and try to leave without a deportation order. If there is no deportation order, you should be able to return to the US in the future. Whether you can do that based on ESTA or whether you need a visa, I do not know, but you could contact the US embassy in your country and apply for a visa. Some visas (such as H1b or L) may be easier to get that others (such as B or F). I would talk to a lawyer to review your options, but you should be able to avoid being barred from returning to the US, and it would be best to look into that before you leave, so that you can depart without getting an order of removal/deportation. Take care, Jason
Thank you for your response and time. Have you seen a case where a pending asylee leaves US to their home country and return to continue the case? Do you think is there a possibility for me to fly back to US and explain my situation at the customs to enter US and continue my asylum case? Do you think they will allow me to enter? I know it sounds impossible or zero chance, but I was just hoping maybe its possible. TIA.
If you have a valid Advance Parole document, you should be able to re-enter the US. Otherwise, you will need a visa, and whether you will be able to re-enter depends on many factors – you should talk to a lawyer about that, as it would be good to have a better idea about whether you can enter the country before you try to come here. In terms of the asylum case, if you can return to the US, you will need to explain why you returned to your country and how you stayed safe. In most cases, returning to the home country would probably result in asylum being denied, but not in all cases and if you can explain, maybe there is still a chance asylum could be granted. Take care, Jason
Hi Jason,
Is there a time period to request to withdraw my asylum application after I leave the States? I applied for asylum and waited for 8 years and finally gave up, left to my country last year. Its been over a year since I left and I didn’t know anything about whether I should withdraw my case or not. Is it too late to withdraw it now? Because Im trying to go back if I could.
There is no time frame, but the sooner you withdraw the better. If they send an interview notice, they will deny your case and eventually give you a deportation order, which will make it much harder to ever return to the US. They are interviewing some old cases now, and so if you want to avoid the deportation order, I would request to withdraw the case as soon as possible. Take care, Jason
Hggh
What if I email my asylum office stating that I left to my country but I wish to come back and continue my case? What do you think their response would be?
The asylum office would have no ability to help you return to the US. If you do not have Advance Parole, you would need to get a visa by applying at the US embassy. Given the prior asylum case, this will be very difficult, especially for visas like the B and F, though it may be less difficult for visas such as the H1b or L. It will depend on many factors and maybe you want to talk to a lawyer to examine the specifics of your situation and determine whether there is a path forward for you. Take care, Jason
My wife applied for asylum as main applicant (me and my sons included) in 2015, had immigration interview and referral to immigration court in 2017, and still waiting for the final individual hearing (kept rescheduled) , my employer applied for H1B lottery for me last year and I got selected!
Can I withdraw from the case and travel to conduct the interview in the consulate and return back normally if passed the interview?
That may be possible, but you would need to have a lawyer look at the specifics of your case. Basically, you would need to have the judge dismiss the case, you would then have to leave quickly, so you would not accrue unlawful presence (for each day you are here without status or without an asylum case pending, you accrue unlawful presence; if you have 6 months to 1 year of unlawful presence, you are barred from returning to the US for 3 years, and if you have a year or more of unlawful presence, you are barred from returning for 10 years). Of course, if you had unlawful presence before you filed for asylum, that could bar you as well. Leaving the US can also be risky, as you will likely not be able to return if anything goes wrong with the H1b. In short, this is not an easy path, but it may be possible. You would need to have a lawyer thoroughly analyze the case before you try to get the court case dismissed and start on this path. Take care, Jason
After taking asylum in Canada, I was unable to bear the expenses of my family due to lack of job in the meantime, I took asylum in America along with my family, now I have to go back to my country. My father’s health is very bad. I want to meet him. Can I get my asylum back? Can I go back to my country?
This depends on many factors – I recommend you talk to a lawyer before you leave. From your post, I do not understand if you are in Canada or the US, but wherever you are, talk to a lawyer to see how best to approach the situation and it is best to do that before you go. Take care, Jason
Hi Jason,
what happen if you leave US and don’t withdraw your case and keep working remotely for US company?
Thank you
Eventually you will get called for an interview, not appear, get referred to court, and the judge will order you deported. This will bar you from returning to the US for 5 or 10 years and may come with other immigration penalties. In short, it is better to withdraw if you leave, as it should prevent these consequences and make it easier to return if you ever want to do that. Take care, Jason
Can I withdraw my case and keep working remotely?
If you withdraw your case, you may end up in Immigration Court (as discussed in the above article). But you can generally work legally until the work permit expires. Take care, Jason
Hello Jason, thank you for all help. I’ve been reading your posts since 2015 when I applied for political asylum.
As I mention above I filled for Political Asylum back In 2015 and recently received a notification for the asylum interview scheduled for 20 days after receiving the notice. Which I think is a pretty short notice to prepare to an interview since it has passed almost 10 years.
I was also approved for TPS last year until 3/24 and applied for the renewal on 1/24 which still is pending approval. In March 2024 I got married to a Permanent Resident and filed for I-130 in May 2024, this is pending approval.
I have a few questions on this:
1- Should I be able to mail a letter with a notice that I wish to withdraw the Asylum before the interview and just stay under approved TPS ( currently on renewal pending approval) and keep waiting for the family petition and change of status based on marriage?
2- My EAD is under pending asylum, In case I decide to withdraw the asylum petition will the EAD still be valid until expiration date or until they close de case? Could I also apply for EAD under TPS and hold two?
Thank you so much again for your guidance.
1 – If you have TPS, you should be able to withdraw the asylum. If you do not want to pursue the asylum, I would try that. I am not 100% sure they will let you skip the interview, and they might make you attend, but even if you are denied, they should not send the case to court and will just deny and allow you to remain here with TPS (though you never know, as they are not always consistent about this and maybe it varies by office). If you entered the US legally and TPS is still valid, you should be able to get a GC based on the marriage. 2 – I do not remember if there is specific guidance, but I think you can use the EAD card until it expires (including on e-verify and at the DMV). However, if you want to be safe, you could always apply for an EAD based on TPS. Take care, Jason
Hello Jason.
In 2017 I applied for asylum (politics opinions) and it’s still pending I was president body guard in my country (military) I received my permanent resident through marriage a few days ago and want to go travel back home see my son and my mom who depend on me and she’s sick since I left the country the old government doesn’t have power anymore and the new government has accepted all the immigrants refugees who had problems with the old one to come home without issue what do you think before I take decision? Thanks for answer.
The fact that you got your GC in some other way does not erase the old asylum case, and if the US government concludes that the asylum case was fake, it could cause immigration problems for you. So you should be prepared to explain why you returned and how you stayed safe (as you did here), just in case they ask about this when you return or when you apply for US citizenship. I wrote more about this issue on January 6, 2016. Take care, Jason
am stuck in kenya after i withdrew my assylum application .the embassy wont give me a visa
what can i do?
It may be that they refuse to give a visa because they think you will violate the visa and try to remain permanently in the US. If so, some visas are not affected by having immigration intent. For example, if you can get a company to sponsor you for an H1b visa or an L visa, it does not matter if the embassy thinks you want to remain permanently. Maybe these visas would be better options. Also, maybe a family member or a company can sponsor you directly for a green card. Otherwise, you might want to talk to a lawyer who does consular processing cases to see if they can assist. Take care, Jason
Hi Nyingi,did you indicate in your visa application that you have ties back home, such as wife n young kids, and currently have a job.also when you withdrew assylum, did you withdraw outside the U.S, and had u overstayed your visa (beyond 6months) before you applied for assylum?
Hi Jason,
I returned to home country and withdrew my asylum case after arriving.
Recently, when i went to the embassy for my b1 visa application to attend conference,the consular officer started the interview well as opposed to others who were ahead of me in the queue,who most of them i saw took shortest times and were denied.When i told the officer that i was in the states for the period beyond 6 months since i had applied assylum, she called her supervisor to seek guidance.
When the supervisor came, he asked me how i was surviving there before i applied for asylum, since i applied 2 months after i arrived.
He also asked me the work that the person i stayed with was doing, and i said working in nursing home.
Then he went ahead to ask me if i was working under the table and earning cash,to which i completely insisted that i never have worked under the table.
Then he said if i cannot tell the truth,then i do not need to waste my money applying for visa again.
And i wonder why would he insist to want me to agree to something as earning cash under the table,even after i told him there was no way i cpuld work without employment authorization,since it is not allowed.
The junior officer then asked him what to do, to which he said i be issued a denial.
Do you think this was just an excuse for them to find a reason to deny me, even without proper justification?
I think it is a disgraceful and arbitrary abuse of power, but unfortunately, there is probably nothing to be done about it, as the consular officers have a lot of authority to grant or deny visas. Maybe you want to talk to a lawyer in the US to think of other ideas, or if you can apply for a different type of visa (such as H1b or L), maybe that would be more likely to succeed. Take care, Jason
Hi Jason,
Thank you for your feedback.
I did not have a lawyer in the u.s that i can think of to reach out to.
Is it possible i consult you on email so you can help me know other ideas that i can utilize.
A h1b or L1 will require a u.s employer which so far i have not found one willing to sponsor me, even for the time i was there.
Thanks.
I do not do such cases, but you can look for a lawyer here: http://www.ailalawyer.com and search by category (this is a non-profit immigration lawyers association). Take care, Jason
Hi! Do you think it’s okay to withdraw my case if I am a dependent on another case already? I realized I don’t want to deal with it anymore and sent a withdrawal for my indepndent case saying I have a dependent one already. Do you think it will be okay? I am so scared that they will try to do something.
That should be permitted and should be fine. You would need to send them evidence that you are a dependent on the other case. Withdraw requests often take a long time (or are ignored), but as long as you have another pending case, you should not be referred to court if you withdraw your own case. Take care, Jason
I see, is it possible for them to schedule an interview while my withdrawal is “pending.” I emailed my asylum office and they were super quick to respond and take the withdrawal in but they also said they don’t know how long it will take. So it possible that meanwhile the withdrawal is pending, that they schedule an interview and continue the process or whatnot.
I think that is possible, and if it happens, I think you would then email them at that time, with a copy of the interview notice and the withdrawal documents, and again ask to withdraw. If you get scheduled for an interview, you will be on their radar, which hopefully means they will pay more attention to you and take any appropriate action (i.e., withdraw the application). I guess if they refuse to withdraw, you will have to go forward with the interview and do your best to win, but I think this is unlikely and that they would withdraw the case. Take care, Jason
Hi Jason,
I recently returned to my home country after applying for assylum and waiting for an interview for 2 years in vain.
Immediately upon arrival home, i sent an email to the assylum office requesting to withdraw my application, stating conditions in the home country have changed, and even attached an evidence of current situation having improved.
I got an from the assylum office an email acknowledging receipt of the withdrawal, though the status currently indicates “case pending with USCIS”
Last year i applied for a diversity visa green card lottery and i am hopeful and prayerful to win when draw is conducted start of this May.
Do you think i will be granted an immigrant visa to come back stateside when i win the lottery, and subsiquent mailing of GC upon arrival into states?
If you did not do so, you should also submit proof that you left the US, such as exit and entry stamps (plus the photo/bio page of your passport). It can take many months for a withdrawal to be complete. Whether you can return to the US with an immigrant visa (if you win the lottery or some other type of immigration visa), depends on whether you spent time illegally in the US before you filed for asylum (and whether you have any other bars). If you arrived in the US with a visa and filed for asylum before your status expired, you should have no bar to returning based on unlawful presence. However, if you were out of status for 6 months or more, you are not allowed to return for 3 years and if you were out of status for 1 year or more, you are barred from returning for 10 years. I wrote more about the DV Lottery on October 5, 2015, but if you win the lottery, you will need to talk to a lawyer about eligibility and probably you will need to explain why you returned to your country after filing for asylum (and changed country conditions can be a reason), so they do not think your asylum case was fraudulent. Take care, Jason
Hi Jason,
I field an asylum case in 2015 in US based on domestic violence and then withdrew in 2016 and I leaved USA and came back to my country.Is it an issue for applying for B2 visa to attend a training program in USA?
I mean I need to be back in USA.can I apply for a non immigrant visa?
I appreciate your time.
You can apply, but it may be more difficult to get the B visa. I would be prepared with as much evidence as possible to show that you no longer have a fear to return and that you have attachments to your home country (job, property, family, etc.). Take care, Jason
Hi Jason,
Thank you very much for enlightening us with asylum concerns. I have a question that I need help with please. I applied for asylum in 2017 based on domestic violence and was approved. Along the way I met someone who’s a citizen and we got married. I aquired my green card after 6yrs. I applied for asylum withdrawal in December like 2 weeks before Xmas and I received a notice that they’re processing the case. I have not heard from the asylum officeyet and I plan to travel in April outside United States to re-unite with my 3 sons whereby one of my sons has a medical condition which needs me to be there. Do you think if I
go before the withdrawal is settled I could find issues coming back? Please help!
Thank you.
Unfortunately, like everything else, the withdrawals take a long time. I think you can email them to follow up and ask about that, but if the asylum is not withdrawn, I doubt you will have any problem. Since you have a GC, you can return to the US, and if you are asked about the asylum case (which is unlikely), you can explain that you do not fear the government, you fear a non-state actor. You can also explain that you had to return due to your child’s medical issue. I would have some evidence about all this available, maybe scanned and saved in your email on your phone. Whether the asylum is withdrawn or not, they could still theoretically ask you about the trip, and so I would not worry so much that the asylum has not been officially withdrawn. Take care, Jason
Hello Jason.
Thank you for sharing your valuable immigration insights with us. I would like to ask you a question regarding passport renewal while still having a pending asylum case.
I have applied for asylum based on political opinion in 2017 and haven’t had an interview. During this time I got married and my husband petitioned for me and I received my marriage based green card in August, 2023. Shortly after receiving my green card I contacted my asylum office requesting to close my case. They sent me a letter stating my request will be processed as soon as their resources allow. In January this year I contacted them again and got the same response. So, I guess it will take them a while to close my case. I’m planning to travel to a third country later this year and will have to renew my passport for this reason. Since 2017 my country’s conditions have gotten way worse. Do you think the passport renewal will raise suspicions when my asylum case is still pending? And how about traveling using my country’s issued passport, is it likely to cause me any problems?
Thank you
I highly doubt renewing or using the passport would cause issues. It would only matter if using/renewing the passport causes the US government to believe the original asylum case was fake, so you should be prepared to explain why you renewed and why your government was willing to issue you a passport – just in case you are asked. Take care, Jason
Thank you Jason. Your response is truly appreciated.
Hi Jason,
I would like to thank you for all you do first!
I have pending asylum case on file since 2017 .
Recently, I obtained my 2 years G.C through marriage and I wanted to withdraw the asylum case. 1.Can you please advice me if I need to mail or email to the asylum office? I couldn’t locate where to file or their email address to send?
2.How soon should I let my employer to change my EAD with G.C? Because I still have EAD for 5 years for work.
3. Do I need to apply for new SSN and DL?
Thank you in advance!
1 – I email them. You can find the email if you follow the address under Resources called Asylum Office Locator. 2 – That is up to you, but the GC is a permanent status (assuming you file the form I-751 on time and remove the condition on your residency) and so I would tell them now that you have the GC. 3 – I think you should check with the SS office as they can give you an unrestricted SS card. As for the DMV, I do not know that it matters, but if you do not have a REAL ID compliant driver’s license, maybe you want to check with the DMV to see if you can get that. Take care, Jason
Thank you very much for your prompt response and advice Jason!
I found the email address, my case is in Virginia, I had a couple of questions 1. Where can I download or find the standard withdrawal form? I tried to look it at USCIS website, couldn’t find it.
2. Other than copy of GC, is there anything that I need to attach in the email?
Thank You!
1 – You can email the and ask for it. I think it is not available online, but if you send them your name, A number, contact info, and a statement that you want to withdraw, along with a copy of your GC front and back, you should be fine. If they need the form, they can send it to you. 2 – Maybe your asylum receipt, though I normally only send the GC copy. Take care, Jason