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  • Asylum Application Withdrawal Letter

    Hi everyone,
    I'll go straight to the point: I applied for Asylum on Oct. 2002 (Miami Asylum Office), had the interview on Feb. 2005; 15 days later I was instructed to appear at the office to pick up the asylum decision. Instead, I received a letter saying that they were going to mail the decision to the most recent address I had provided to them. I have never received any decision in almost 5 years now. I have even contacted the Immigration Court (EOIR) phone (1-800-898-7180) and I am not required to appear in front of an immigration judge yet (THANKS TO GOD!!!).

    I got married to an U.S. Citizen on September 2009, my wife and I submitted the I-130, I-485, I-864 and I-765 applications in November 2009. I already received the Biometrics appointment for this month (December 2009). After that I guess what is coming is the Interview for my Resident Card (Temporary).

    My question is WHEN should I send the letter to Withdraw my Asylum Application??? I know I have to wait first to obtain my Resident Card and then cancel my Asylum Petition. Yet, Should I give it to the Immigration Officer at the end of the interview (ONLY IF I GET THE RESIDENT CARD) or Should I take it to the Asylum Office myself????

    What I am supposed to write on the letter???? I already have written this:
    "I would like to politely request the cancellation of my Petition of Asylum case that is pending in your office. At the moment of this request I have been granted a Resident Card based on the adjustment of status derived from a petition for an eligible Alien Relative of a United States Citizen."

    Is that ok??? Any ideas??? Should I use some legal vocabulary???? Am I missing something in the process??? Should I have complications due my case??? Any new information will be greatly appreciated!!!!

  • #2
    Did you enter the country legally? Once you apply for i485, you don't need to do anything. During your interview, the officer will have your a file and the asylum decision(if any). If you are granted a g.c based on your spouse then your asylum case has no meaning or you withdrawing it. It will always be part of your immigration history.

    Were you ordered deported or your asylum rejected? You need to find out if you are or were out of status anytime. Also the excuse of "I never got the decision in mail" doesn't fly much. Thousands other use that. Find out what was your asylum result.

    Resident Since Date: 12/12/04
    DO: Washington D.C,
    10/12/09 (Day 1): Mailed
    10/13/09 (Day 2): Priority Date
    10/24/09 (Day 12): Date of Fingerprint Letter
    10/28/09 (Day 16): Fingerprinted Walk-in
    11/05/09 (Day 24): FP Date(Original Date)
    11/13/09 (Day 32): FP Redone(lost by USCIS)
    11/18/09 (Day 38): Case transfered
    11/23/09 (Day 43): Received IL
    12/29/09 (Day 78): Interview Date
    12/29/09 (Day 78): Oath
    12/30/09 (Day 79): Applied for Passport @ DC, got it at 11:30am

    Comment


    • #3
      Yes I did enter the country legally and I was checked by a Customs Officer. I do have my I-94. On the other hand, I have not been ordered to leave the country or received any letter or communication saying my case is rejected. I was appointed to get Biometrics again back in July 2008 (The first time was on Nov 2002).I also have been renewing my EAD (Employment Card) since I was authorized to work in the U.S. for 7 years straight, last time I renewed it was on February 2009. Never have been denied the employment permit.

      I spoke to a lawyer and he called the Immigration Court and use my Alien number. My case is not yet to appear in front of a judge. He said my case seems to be in "stand by" for now, and If I try to get information, they might called me for a new interview and since they are being more strict, my case might not being considered nowadays as important as it could have been in 2002. He told me just to wait until get my gc based on my spouse and just to write a letter to withdraw my Asylum Petition...

      What happens if I try find out about my case???? I am afraid that trying to get information right now could bring negatives consequences on my new case???

      Comment


      • #4
        Originally posted by Marlinsfan97 View Post
        Yes I did enter the country legally and I was checked by a Customs Officer. I do have my I-94. On the other hand, I have not been ordered to leave the country or received any letter or communication saying my case is rejected. I was appointed to get Biometrics again back in July 2008 (The first time was on Nov 2002).I also have been renewing my EAD (Employment Card) since I was authorized to work in the U.S. for 7 years straight, last time I renewed it was on February 2009. Never have been denied the employment permit.

        I spoke to a lawyer and he called the Immigration Court and use my Alien number. My case is not yet to appear in front of a judge. He said my case seems to be in "stand by" for now, and If I try to get information, they might called me for a new interview and since they are being more strict, my case might not being considered nowadays as important as it could have been in 2002. He told me just to wait until get my gc based on my spouse and just to write a letter to withdraw my Asylum Petition...

        What happens if I try find out about my case???? I am afraid that trying to get information right now could bring negatives consequences on my new case???

        I suggest you look for the latest update on your asylum case because it could comprise your family based new application. Also, seven years with your asylum case pending at the Asylum office? Something is going on here and it could very well be that what is blocking your asylum case might have the same effect on your family based GC. Ask questions and demand answers before the Asylum Office that is handling your case. Good luck!

        Comment


        • #5
          Originally posted by Marlinsfan97 View Post
          Hi everyone,
          I'll go straight to the point: I applied for Asylum on Oct. 2002 (Miami Asylum Office), had the interview on Feb. 2005; 15 days later I was instructed to appear at the office to pick up the asylum decision. Instead, I received a letter saying that they were going to mail the decision to the most recent address I had provided to them. I have never received any decision in almost 5 years now. I have even contacted the Immigration Court (EOIR) phone (1-800-898-7180) and I am not required to appear in front of an immigration judge yet (THANKS TO GOD!!!).

          I got married to an U.S. Citizen on September 2009, my wife and I submitted the I-130, I-485, I-864 and I-765 applications in November 2009. I already received the Biometrics appointment for this month (December 2009). After that I guess what is coming is the Interview for my Resident Card (Temporary).

          My question is WHEN should I send the letter to Withdraw my Asylum Application??? I know I have to wait first to obtain my Resident Card and then cancel my Asylum Petition. Yet, Should I give it to the Immigration Officer at the end of the interview (ONLY IF I GET THE RESIDENT CARD) or Should I take it to the Asylum Office myself????

          What I am supposed to write on the letter???? I already have written this:
          "I would like to politely request the cancellation of my Petition of Asylum case that is pending in your office. At the moment of this request I have been granted a Resident Card based on the adjustment of status derived from a petition for an eligible Alien Relative of a United States Citizen."

          Is that ok??? Any ideas??? Should I use some legal vocabulary???? Am I missing something in the process??? Should I have complications due my case??? Any new information will be greatly appreciated!!!!

          If INS has not clear your background, though you are using a new method to try to get Green Card, they still will hold you.

          My friend is the same status like you. First Asylum application, no result, nothing. Then married an American, have two kids, his wife applied for him after their marriage at once, still the same: Pending.

          Comment


          • #6
            Find out why your I-589 is still pending.
            If their answer is pending background check, then your new I-485 will also remain pending.
            They can't give you green card if your background check is pending.
            Psalm 55:22 Cast your cares on the LORD and he will sustain you; he will never let the righteous fall

            LPR since Dec 2010
            I am not a lawyer nor do I claim to be one. Reliance on comments posted herein is at your own risk

            Comment


            • #7
              What do you mean by background check??? Isn't it the same as the Biometrics??? If so, why I am able to renew my employ permit every year???

              Comment


              • #8
                Originally posted by Marlinsfan97 View Post
                What do you mean by background check??? Isn't it the same as the Biometrics??? If so, why I am able to renew my employ permit every year???
                Work permit goes through IBIS name check and fingerprints

                Naturalization, green card, and asylum applicants go through FBI name check, IBIS name check, and fingerprint.
                FBI name check is the only process that takes long time for some people.
                Psalm 55:22 Cast your cares on the LORD and he will sustain you; he will never let the righteous fall

                LPR since Dec 2010
                I am not a lawyer nor do I claim to be one. Reliance on comments posted herein is at your own risk

                Comment

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