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First, to be clear, the only asylum cases that can be withdrawn are those at the Asylum Office.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.
I am currently in the U.S. with a pending asylum application filed in 2015 (no interview yet). Country conditions in my home country have significantly improved, and I plan to formally withdraw the asylum case after departing the U.S.
I have an approved I‑140 and I-129 through the same employer I have worked for over 10 years.
Due to current pauses/proclamations affecting immigrant visa timing, I am considering H‑1B as a preferred interim option and would like advice on your opinion on:
1. if applying for consular process is a good idea.
2. Am I going to get ban? Considering I applied while I was on status.
Thank you.
1 – If you are not from a banned country and do not have a bar to returning, consular processing should work for an H1b or a green card. However, given your immigration history, it would be a good idea to examine the specifics of the case with a lawyer to determine whether there are any problems and also to think about a back-up plan if the consular processing does not work. Maybe one idea would be to keep the asylum case alive and obtain Advance Parole based on the pending asylum case so you can re-enter the US if something goes wrong with the consular processing (I wrote about AP on September 11, 2017). Another idea would be to check whether you might be eligible to get the green card in the US based on a section of the law called INA 245(k). I wrote about getting the GC inside the US on August 28, 2018 and getting the GC outside the US on September 6, 2018. 2 – Based on what you wrote, it sounds like you would not have a bar to re-entering the US, but I cannot tell for sure and you should have a lawyer review the specifics of your case. Take care, Jason
Hi Jason, thanks for helping everyone with helpful information and clarifying doubts.
I’m asylum pending applicant with Valid EAD and I have couple of questions.
Initially I came on F1 and then later applied for asylum
But I have not stopped my studies, I finished my college and stayed legally as well.
But I got asylum based EAD in 2023 and I am working legally and paying taxes
I do not have any criminal records
I have clean history except I applied for asylum
Now I want to bring my father here just to visit me on b1b2. He already has approved VISA.
Would my status effects my father at immigration to enter USA ?
**And I heard USCIS doing site visits to find fraud people. If they come to my location would be any problem for me Just bcuz of applied asylum from F1 ?
And will they visit without prior information?
And would they ask me or raise questions regarding my status ?
And also If I wanna travel outside of US how advance i need to apply for advance payroll for travel ?
And If I move permanently from US and withdraw my case how long that impact me to apply for diff visa again in future?
The embassy would make a determination about whether they think your father qualifies for a visa. Your asylum application could potentially affect that (if it causes the embassy to think he will not leave the US after his visit), but normally, when a child seeks asylum, it does not have much affect on the parent’s visa application since the parent cannot benefit from the child’s asylum case. Of course, these days, it seems more difficult for anyone to get a visa, and so they might view your application as a reason to deny him, but I have not seen that so far. In terms of your job, if you have an EAD, you are legally eligible to work, and so there is nothing wrong with that. There is a question about whether working with an asylum-pending EAD is a violation of your F-1 status and I have never seen a clear answer to that question. I think if you plan to change status (for example, to an H1b visa), you should talk to a lawyer about your eligibility. In terms of travel on Advance Parole, it seems to be taking 1+ years to get the AP document. You can try to expedite. I wrote about expediting in general on January 29, 2020. However, due to the government shutdown, USCIS is apparently slowing down certain operations, and so I am not sure whether now is a good time to try to expedite. If you leave the US and withdraw asylum, you can apply immediately for a new visa. Whether the asylum application would make that more difficult may depend on the type of visa and whether you have any immigration violations, but based on what you wrote now, it sounds like you do not. For visas like an H1b or L, the embassy might not care about the old asylum case. But for visas such as a B visa or F-1, the old asylum case may make it more difficult to get those, since those visas require that you promise to leave at the end of your visit, and an old asylum case may make the embassy think that you will not leave at the end of your visit and will apply again for asylum. It would be worth going over this with a lawyer before you withdraw, so you know your options going forward. Take care, Jason
Thanks for your clarification
But for your information my father got already approved for B1B2 visa. My question is Would my status effects my father at immigration while entering USA ?
It is unlikely that he will have trouble entering now that he had a visa, but immigration officers can question him upon entry, and if that causes them to believe he will violate his status in the US (by over-staying his visa) for example, they can deny him entry and force him to leave (he could file for asylum and try to stay if he wanted, but that would like result in being detained, at least for a while). He should be prepared to explain that he does not want to stay, and hopefully have some evidence for that, such as a return ticket. He might also want to be able to access other evidence, such as proof about other family members in the home country, a job, property, etc., which will help show that he will return at he end of the visit. Take care, Jason
Hi Jason
I came to us on f1 visa and filed for asylum later but I haven’t dropped my studies.. it is been 4 months I filed and I have also given biometrics. Now after these 4 months I feel there is no more risk for me to return to my country considering situations got better. Is it fine to withdraw asylum or does it have risk by any chance.?
It is usually better to withdraw a case after you obtain permanent status in the US or after you leave the US. The problem is that if you withdraw while you are still in valid F-1 status, USCIS may consider that the asylum application violated your F-1 status (F-1 people must promise to leave the US, but filing for asylum is asking to stay permanently) and send you to Immigration Court. If you file to withdraw, you would want to submit evidence that you are still in valid F-1 status (current DS-20, transcript, proof of current enrollment, etc.). If you decide to withdraw, it would be a good idea to talk to a lawyer first about how best to approach this. Alternatively, if you think you will complete your studies and leave the US at some point, you may want to wait to withdraw until after you leave. The risk here is that you will get an interview, but if that happens and you are still in F-1 status, you can try to withdraw at that time. Given that you filed 4 months ago, there is a good chance that you will not get an interview soon, which would be a reason to not withdraw for now, but this is not very predictable and it is still possible that you will get the interview. I think it would be worth talking to a lawyer to think this through, as the decision may depend on how long you will be a student, your future immigration goals, and when/whether you plan to leave the US. Take care, Jason
Hi Jason,
Today I’m writing this comment with good news – after 10 years of waiting for my asylum interview, I received a green card as a dependent on my spouse’s EB2 case (in the Dallas, TX field office). I received TPS in 2022 as a Ukrainian citizen and traveled with i512T travel document to a 3rd country to see my mom in 2023, whom I hadn’t seen for almost 9 years by that point.
I still cannot believe it, but now it’s my turn to withdraw my asylum application, and I wanted to share this in case it would help anyone.
I also wanted to say a great thank you, Jason, for all that you do, for this blog, and all the support and advice we get from you! I’ve been reading your blog for many years now (and even commented a few times), and I always find it very helpful. I really don’t know what asylum seekers like me would do in this country without such caring people like you!
Thank you, and wish you and all people seeking asylum all the best in their efforts!
Naya
Congratulations! And thank you for sharing this good (and long overdue) news. Take care, Jason
Hi Jason,
I filed for asylum in 2023 and I got both SS & EAD. I’m planning to return to my country as the long wait is affecting the separation from my family and my (genuine) immediate fear was on non-government actors. I’ll take your advice and withdraw my asylum when I’m out of the country. My question is if at any other time we applied for the lottery visa and got selected will this asylum application withdrawal affect our process? Thanks for the response.
It mostly depends on whether you have any bars to returning to the US. I would recommend you talk to a lawyer about your specific situation before you leave, so you will know better about your future options. Take care, Jason
Hi Jason,
I came into the US under the Biden Parole. I applied for affirmative asylum, had my fingerprints done, but no interview yet. My husband went for immigrant visa (IV) interview back in my country, but it is under administrative review as he had a hard time getting a police record from another country he had lived in for a couple of years ( Me and our children were part of the petition). Now the parole is canceled and I only have the asylum as protection. Can I withdraw and go back to my country to process IV at the consulate? Would there be any negative repercusions to my IV if I withdraw my asylum case?
Please advise. Thank you so much!
I wrote more about withdrawing in the above article, and if you decide to withdraw, you would probably have to leave the US and then request that your asylum case be withdrawn. The main issue that I see is that if you return to your country after having filed for asylum, the US consulate might decide that your asylum case was fake (since you returned to your country of feared persecution). If they think your case was fake, that could cause them to deny the IV. I would decide how to approach this before you leave, and probably you would want to talk this through with a lawyer. I think it will be easier if the persecutor is a non-government actor, such as terrorists or criminals, but whoever you fear in your country, you will need to be able to explain how you returned safely and why your asylum claim was not fraudulent. As an alternative, you might consider going to a third country and trying to process the case there (which is not easy, but talk to a lawyer), or at least keeping your trip to the home country as short as possible. Take care, Jason
I apply asylum case in 21 May . My biometric June 11 and interview June 16 . But now I want closed my case. Because I got marriage a green card holder person. Before my biometric date. So I closed my case ? Please suggest me. What can I do?
Unless you actually have the GC, you probably cannot withdraw the case. You can ask, but as far as I know, having a GC pending is not a basis to withdraw, and if you did withdraw, they would send you to immigration court, so maybe you want to talk to a lawyer before you try that. Take care, Jason
Hi Jason
Hope you are doing good
I got some question
1)I came to United States legally, and filed for asylum in 2016 From Va, Then in 2018 i moved to texas and transferred my case using AR-11 form.
2) I got married and moved backed to virginia, I did change the address from the online portal but its not showing up in the submission.
3) I got my Green Card (Marriage through USC) this year 2025.
Till this date no interview, how do i close my asylum appication, still confused if my case was moved to virginia or still in texas, how to find out,
thank you
You can email each asylum office to ask who has the case. You can find their email if you follow the link under Resources called Asylum Office Locator. Once you know, you can ask to withdraw, as discussed in the above article. Take care, Jason
Hi Juan, thank you for your reply and i did followed your instruction. My case was in Arlington Asylum Office. I did email them for withdrawal, they sent me a form and i filled out and they acknowledge for the process of withdrawal, till this date i haven’t received the confirmation.
But i have received the date for interview, what should i do?
Thank you
Assuming you are eligible to withdraw, I would email them again – include the interview notice, the withdraw request, and the supporting evidence and ask again (you can find their email address if you follow the link under Resources called Asylum Office Locator). If they still do not respond, you can bring all that to the interview and ask to withdraw at that time. However, if you are not sure that you are eligible to withdraw, you should prepare for your asylum interview, so you can do the interview if need be. Take care, Jason
Hi Jason. Thank you for all your help. I and my mother is granted asylum and my older brother is selected in H1B visa lottery. He applied for a visitor visa before and denied. Now if he wanted to proceed with H1B process, would our immigration status(asylum claim) affect his H1B visa process? He is in IT in Dubai since 2013. Thanks
Normally, a family member’s asylum case would not affect an H1b visa. That is because for the H1b, even if they think your brother might want to remain permanently in the US, there is no effect on his eligibility for the visa (this is different for a B or F visa, where the visa will be denied if they think the person wants to stay permanently in the US and not leave at the end of the visit). Take care, Jason
Hi Jason,
Thank you so much for sharing the information with us — it’s been incredibly helpful. I electronically submitted my asylum application in December 2024. Shortly after the submission and biometric appointment, I was faced with urgent family matters that now require my full attention. Because of this, I need to return to my home country despite the risks involved.
I have a few questions and would really appreciate your guidance:
– Is it possible to submit the withdrawal form one month in advance of my planned return, to allow enough time for preparation? (I currently have Temporary Protected Status, which is valid until the end of 2025.)
– Should the withdrawal form be submitted to the Asylum Office or to the Application Support Center where I completed my biometrics?
– While you mentioned that email is the easiest way to submit the withdrawal request, USCIS advises against sending sensitive personal information — such as my A-Number or Social Security Number — via email unless it’s encrypted or sent in a password-protected attachment. Is it a good idea to send both email and mail?
Thank you again for your support, and I look forward to your advice.
1 – I think it is better to withdraw after you leave, as that avoids the risk of being sent to court, but if you have TPS, I guess you can try to withdraw before you leave and ask to avoid court based on your TPS. I am not sure whether that will work, though. 2 – I would email it to the local asylum office – you can find their email if you follow the link under Resources called Asylum Office Locator. You can also upload it to the portal, but I do not know that anyone would see it until the time they schedule your interview. 3 – Email seems to work, and is fairly secure. Some asylum offices allow you to go in person, so you could try that. You could also send them a letter asking to withdraw. Take care, Jason
Hi Jason, thank you so much for answering all the questions. They are really helpful.
Regarding 2, does the local asylum office mean “Field Offices” or “Asylum Offices”? “Field Offices” handle scheduled interviews on other applications and “Asylum Offices” handle scheduled interviews for asylum-related issues only. They have different addresses (e.g., field office is in WA and asylum office is in CA) and only the Asylum Offices provided email addresses. I just want to make sure before I proceed. I would appreciate it if you could clarify. Thanks.
The asylum office – that is the office that has the asylum case, so you need to contact them. Take care, Jason
Hi, I applied for asylum in 2020 and no interview for last 5 years. Things have changed in home country so I am looking to withdraw asylum case. I am presently on H1B COS and was looking to get my visa stamping in Mexico.
My question is inorder to go to Mexico for stamping, do I need to wait till I get closure notice from asylum office or can I just leave after I submitted asylum withdrawal request
I think you need to talk about this with the H1b/green card lawyer to see what they advise, but it should be possible if you have a valid H1b, and it should not matter whether you have a pending asylum or not. My preference is to wait to withdraw until the person has the GC, but again, it is best to see how your lawyer wants to proceed, as I do not know your specific case. Take care, Jason
What are the chances for H1B visa stamping delayed at us embassy if I withdraw asylum application. Can visa officer see my asylum application?
I do not know, but that is certainly something you want to talk about with your lawyer before you leave the US, and you need a plan in place if something goes wrong with the H1b. Also, while I do not know for certain, I imagine the consular officer will know about the asylum case, though this would probably not affect eligibility for the H1b. Take care, Jason
Hi Jason,
I had an asylum case that I withdraw after I became LPR through NIW case(before interview), Now that my asylum case is closed and I have green card in another category ,Will I be travel to my home country without facing a problem?
or they can deny me at the airport or during citizenship process?
I do not think they would deny you at the airport. However, the fact that you withdrew your asylum case does not erase the fact that you filed it. And if the US government concludes that the old asylum case was fake, it could have negative immigration consequences. For this reason, you should try to be careful about traveling to the home country, and make sure you can explain why you returned and how you stayed safe. I wrote more about this on January 6, 2016. Take care, Jason
It was not Fraud for sure and I can perfectly explain that and the changes in the situation,
but on the article that you’ve mentioned you say with GC you are safe, But why for mine you are not confident about it? is it better to have asylee green card rather than other types cause I thought it’s better if you were not granted , when I requested it country was under a large protest which now it’s safer on the street and the protest went to other layer so the chance of being killed on street is almost zero now a days.
If you have a GC, you should be safe. However, if the US government believes that you won asylum by fraud, they could try to take away your status. That is rare and if your asylum case was true, you should be ok. Nevertheless, it does not hurt to be able to explain why you returned and how you stayed safe, just in case you are asked about that. Also, if you filed an asylum case, I think is all applies to you, even if you got the GC on some basis other than asylum. Take care, Jason
Hi Jason,
While waiting an interview, I became a permanent resident through marriage and visited asylum office over six months ago to request withdrawal of my pending asylum application. I was given a copy of the withdrawal form at the time, but the case still appears as pending in the system.
Could you please let me know if any further action is required on my part, or when the case will be officially closed?
Thank you very much for your time and advice!
For some reason, it can take a while to withdraw. You can always email them to check in – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Thank you for your advise Jason!
Hi Jason,
I already withdrew my Asylum case 10 months ago in person, since I became a permanent resident through marriage but I have received a notification that an interview has been scheduled. Could you please advise me on what steps I should take?
Thank you,
This sometimes happens. I would scan the interview notice and email that + the withdrawal documents and a copy of the Green Card to the asylum office, and ask them again to withdraw. You can find their email if you follow the link under Resources called Asylum Office Locator. Also, the article above discusses the process in more detail. Usually, this will work. However, if they do not respond, you should go to the interview with your Green Card and ask to withdraw at that time. If you do not withdraw the case and fail to appear at the interview, they will send you to Immigration Court, and it is better to avoid that, as it can be expensive and stressful, though if you show the judge your Green Card, the court case should also be dismissed unless you are deportable for some other reason, such as criminal issues or immigration violations. Take care, Jason
Hi Jason , Additionally, on the email I received, the status shows as “Your Case Status: Testing and Interview” what does Testing refers too? Thank you !
Thank you Jason. I really appreciate your advise. I will do what you have suggested. In the meantime, do you also suggest visiting the office to assure they received my inquiry ? My case is in VA.
They keep changing things, but I believe you cannot walk in to the office any more. If you do not have news by the time of your scheduled interview, I would just go then, and bring evidence of your status and tell them you want to withdraw. They should be able to withdraw the case at that time. Take care, Jason
Hi Jason,
Thank you for your advise and support. I received a response to my withdrawal request confirming that my case has been terminated. However, I had already received the interview notice with the scheduled date and time by mail prior to that.
Should I still appear for the scheduled interview? If so, do I need to bring anything else other than Green Card?
I appreciate your continued support and look forward your usual kind opinion on this matter.
Thank you!
If you have written proof that the case is closed, I do not see why you need to attend the interview. If you are worried that somehow the withdrawal is not adequate, you can attend the interview and show them all your documents, including evidence that the case is withdrawn. They can then confirm in person that it is withdrawn. There is no harm in this, other than wasting your time, and so if you are not sure, you can do that. Take care, Jason
Thank you for the clarification Jason. I’ll do that. I appreciate your guidance.
Hey Jason,
I remember you told that asylum pending application does not consider as any legal visa status. I was wondering if im asylum pending applicant and have work authorization, am i legal in united states or illegal? Do they have any rights to deport me just because of pending asylum ?
If you have a pending asylum case and nothing else (aside from a work permit), you have an application for status, but not a status. You cannot be deported until the asylum case is decided by a judge. Whether you are in the US “illegally” is difficult to say because legal and illegal are not terms in the law. However, you are allowed to be here and cannot be deported until your case is decided. Take care, Jason
Hey Jason,
I have applied for my EAD extension before 4months it’s expired. Now it’s been six months and no update at all. It still says **application was received and notice was sent** i lost my job and i really need it to join into new company. I was wondering why its taking this so long and also getting tensed with trump new administration. Do you think he gonna stop EAD application process just because of an pending asylum case? Are they doing anything internally specific to asylum cases?
I have not heard about any changes to the EAD process yet. If you applied to renew before the old card expired, the receipt for the new card automatically extends the old card by 540 days, and that should allow you to work and get a driver’s license. Otherwise, you can try to expedite the EAD based on financial hardship. This is not easy, but I wrote about expediting in general on January 29, 2020 and maybe that would give you some ideas. Take care, Jason
I am a green card holder. I applied for asylum in 2016 and I withdrew the asylum in 2017
i wrote to USCIS then in 2018 judge ordered my removal and I just found that out today as I went for my naturalization interview. I passed my interview but my case was put on review. I got married in 2019 and got my 10years green card in 2021.
Also I have traveled out of USA 2x . Each time I am coming in the immigration always stop me to check me before I come but I never knew it was because I was place on removal.
Your advice?
You should talk to a lawyer about the specifics of your case, as there is no enough here for me to know. If you have an old removal order that could block you from getting citizenship or keeping your GC, but I am not sure how you got the GC in the first place if there was a removal order. Maybe it is possible to reopen the court case and erase the removal order, but I do not know. I think you should have a lawyer review your case. If you do not have a copy of all your documents, you can get them from a Freedom of Information Act request from the court and from USCIS. You can do that if you follow the links under Resources called FOIA EOIR and FOIA USCIS. Take care, Jason
Dear Jason, thanks for sharing all your knowledge and experience. I have the following situation:
1. I live in LATAM and already have an EB2 NIW Form I-140 approved. Waiting for consular processing to complete the process. Priority Date Jan 2024.
2. My ExWife and mother of my son moved to the US as a Spouse dependent with an E2 Treaty visa that her new husband applied to. My son then entered the US and did a change of status to the E2 as beneficiary and dependent. The E2 Visa got cancelled after 1 year.
3. She now wants to apply for Asylum to be able to remain in the US as she has a valid case.
4. As I will be completing my EB2 NIW case and can include my son to receive a Green Card, if he is added to his mother’s Asylum case as a dependent, can this risk the approval of my Green Card or his own approval when my case is completed? He is 12 years old. I want him to receive the Green Card and not risk the EB2 process.
I think you need to talk to a lawyer about the specifics of this to see if he is eligible. He may have to leave the US to obtain the GC based on your EB2 or maybe he can do that in the US (or maybe he is not eligible at all, but I think he should be). I do not see how an asylum case would negatively effect his eligibility for a GC as an EB2 dependent, but again, I would talk to a lawyer about specifics, as it may depend on the content of the asylum case (for example, if your ex states that her whole family is in danger and your son needs to return to his country to consular process, that could be an issue). Take care, Jason
Hi Jason,
My asylum application was approved on February of last year and shortly after I applied for my Green Card and this was just approved on December 17, 2024. My wife also had applied for asylum back in 2018 and remains pending. Shortly after my asylum was approved I petitioned my wife through the I-730 process since we were not married when I originally submitted my application 9 years ago. The I-730 was also approved on December 17, 2024. She now holds AS2 Status and she was given with a new I-94. The question is if you would recommend withdrawing her own Asylum application? We are waiting a few months to apply for her GC.
Thank you.
-Andres
The only reasons for her to keep her own asylum case are if she needs to bring a dependent child to the US and that child is for some reason not eligible to come here based on you, or if she thinks the marriage will not work out (and even then, she can probably keep her status). Otherwise, it probably makes sense to withdraw, as the case is of no benefit to her, and with Trump coming, we do not know whether there will be negative changes that might affect asylum seekers. Take care, Jason
Jason,
My status is asylum pending , I have applied for renewal of my EAD and it’s been 5 months still pending. Im trying to see can i go through premium process to get quickly ? The premium process would work for c08 category also?
There is no premium processing for a c-8 EAD. In general, if a person applies to renew the EAD before it expires, they get an automatic 540-day extension of the EAD. For this reason, USCIS will generally not expedite an EAD. However, if you have a reason, you can try to expedite – I wrote about expediting in general on January 29, 2020. Take care, Jason
Presente acilo en el 2023 y en marzo del 2024 me llegó la recidencia por cu6 y no tengo corte , en diciembre del 24 me llegó carta de inmigración que tengo el acilo pendiente, que debo hacer
I am not sure I understand your question. If you obtained your residency (green card), you can inform the court and maybe close the case. But I do not know how that is possible, as a person with a court case cannot normally get a green card unless the judge gives it to him. Maybe talk to a lawyer about the specifics of your situation to see what needs to be done. Take care, Jason
Hi , Jason I have removing prucedure in my asylum case my question is can I dismiss or withdrawal my case and where do I get the form for withdrawal.
If you have a case at the asylum office, the article above describes how to withdraw, which can be done by email. They will eventually send a notice that the case is withdrawn. If your case is in court, you can ask for dismissal – I wrote about that on June 8, 2022, but the Trump Administration will likely end or limit this practice, and so if you want to try, you should do that as soon as possible. Take care, Jason
Hello Jason,
I have recently obtained my green card via marriage to a U.S. Citizen, and I have sent an email to withdraw my application to the Asylum Office, however I have not received an answer yet. I wanted to ask you if it is a good idea for me to apply for a trusted traveler program like Global Entry now that I am a green card holder?, considering that I have on record that I applied for asylum before (I would be travelling with my home country passport but not to my home country, my asylum application was because of a non-government actor).
Given that you don’t fear the home government (and as long as you can explain that if you are ever asked), I don’t see any problem applying for Global Entry. I do not know the requirements, but I don’t see why the asylum case would block you. I do think if you do not hear back about the withdrawal after a few weeks, you should email them again. It often takes many months to process a withdrawal, but it would be good to have them acknowledge that the request was received. Take care, Jason
Hi Jason. A little update. Even tho I never received an email from the Asylum Office, I noticed that my asylum case was updated and now this is the status:
Application Was Closed
We closed your application and we informed you of the reason when we notified you in writing. You must contact the USCIS office that has been handling your application if you believe we should not have closed your application.
This means the case was properly withdrawn?
Presumably that is what it means. Aside from emailing them to ask for the letter, you could do a Freedom of Information Act request and get a copy of your entire file – including hopefully the withdrawal letter. There is a link under Resources called FOIA USCIS to do that. Take care, Jason
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
Hi Jason,
Can I withdraw my asylum pending application if I have H1-B sponsorship from my employer? If yes
Will it effect to stay in US or for traveling to my country ?
I think you cannot withdraw the asylum application unless you have another status, and I do not think a pending H1b would be considered a type of status. If you withdraw before the H1b is approved, you risk be sent to Immigration Court, which will make it much more difficult to get the H1b. I suppose if you leave the US to consular process, you can then withdraw the asylum, but it takes months for them to act on a withdraw request, and so I am not sure that is a good solution. Even if asylum is withdrawn, I think there is a risk in traveling to the home country – if that causes the US government to think your asylum was fake, that would also probably cause them to deny the H1b. Maybe a better option is to travel to a third country if you can, process the H1b there, return to the US with the H1b, and then withdraw the asylum. Whether this is possible, I do not know, and I think you would need to talk to a lawyer about the specifics of your case, but in theory, a person can go overseas, consular process, and return to the US with an H1b, even while an asylum case is pending, since a person is eligible for an H1b even if they have an intent to remain permanently in the US. In other words, some visas (such as B and F) are blocked if the US government thinks you have an intent to immigrate to the US; other visas, including the H1b, are not blocked even if the person has an intent to remain permanently in the US. 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