I withdrew my affirmative asylum application and returned to home country when the political situation had changed and no longer exposed to threat of persecution.Less than one year after returning home, i was very lucky to find an employer sponsor me an h1b visa and i returned this time round with my wife and kids.before that i tried to obtain b1 visitor visa to attend conference in usa but embassy would usually refuse, with the excuse that i could not prove if i never worked illegally while in usa while awaiting my asylum ead, which i insisted i did not.but still would deny me.When i went for h1b and h4 visa interviews, it was more smooth and got approved.But it all did not come just like that, i usually used to go for eucharistic adorations and prayer retreats for almost that one year i was in home country.it use to be hard without no jobs and i really prayed to God to open me a new way back into states, and He did.

Maybe a sanction would be that they have to pay your attorney fees, though usually, they will just agree to do whatever they are supposed to do, and they want you to waive payment of fees. In terms of the judge’s order, I don’t know, but I would think if they failed to follow an order the first time, the judge would be more aggressive this time. Take care, Jason

Thank you Jason, for a layman like me, what would possibly a sanction result be ? will it benefit me somehow for my case ? In your experience , has it happen before ? any reference if possible?

or lets say Judge issue new order … that would direct USCIS the same thing again … restarting 60 days again …

I am just discovering possibilities here, not a definitive direction

Thanks

You can withdraw and I wrote about that on December 7, 2022. Withdrawing does not erase the fact that you filed or that you possibly violated your prior non-immigrant status in the US, and so it may still be more difficult to return in the future. Some types of visas are not affected by an intent to immigrate to the US, such as the H1b or L, and so they may be easier to get than visas such as the B or F, where you have to promise to leave the US at the end of your period of stay. Take care, Jason

If you were in the US without status for 1+ years and then you leave, the 10 year bar is triggered. There are different exceptions and maybe you want to talk to a lawyer about that. Of course, if USCIS does not know you were here or left, it will be harder for them to enforce the bar, but it is probably difficult to live here for 7+ years without the US government having a record of that. Maybe a lawyer can help think about any ways to overcome the bar or to seek a waiver, so you can return in less than 10 years. Take care, Jason

Thank you – I am glad somebody read it! Take care, Jason

I think they should respond in 60 calendar days if that is what the judge ordered. If not, you can ask the judge to sanction them or issue a new order. Take care, Jason

1 – It sounds like he is out of status, but if you filed a timely I-539 to change to another status, he is allowed to remain until that is decided, and he does not accrue “unlawful presence” while the I-539 is pending. 2 – You can, but he will need to show an exception to the one-year bar. Being in status is an exception, and so if he files in the coming days or a few weeks, he should be ok. I wrote more about the one year bar on January 18, 2018. Also, he might need to explain why he filed an I-539, seeking to extend his stay here, but promising to leave after that extension, but now he is asking to stay permanently based on asylum. 3 – I do not see why this would have a negative impact. Take care, Jason

Can an asylee withdraw their asylum application if the threat is being eliminated in their home country?

Would that withdrawal impact the asylee in case of applying to a travel visa to come back to the US in the future?

Will 10 year bar still automatically be triggered (after 7 years of visa overstay) if a clean slate person willingly and voluntarily leaves the US without being removed/deported and without any detention? Also, without going through the official departure ports?
Would that person still be able to get a travel visa and come back to USA legally again?