Asylum Granted in US but want to quit Asylum status voluntarily.

M

Mikemahmood

New Member
I am making this post to seek your advise for one of my friend on his behalf.

He applied for asylum in US which was granted to him in 2003. After grant of Asylum he obtained Refugee Travel Document and went to Canada on RTD in 2004. (RTD's was issued for 1 year duration which has expired since long time)

During his stay in Canada he married to a Canadian Citizen and started living there. His wife filed a family based petition to sponsor him which was approved accordingly. After course of years my friend has become a Canadian Citizen now.

Since he left USA, he never came back to US. Now he wants to come back to USA on visit. He just wanted to inquire couple of things before he comes here.


1- Since he has Canadian Passport now and he does not need to obtain US visa to come here, upon his arrival at port of entry would he be facing a tough inspection by CBP?
2- What would be the status of his Asylum case in US by now? or Would he be still in asylum status in US? (if yes would he be able to continue living in US as asylee?)
3- or Should he inform USCIS that since he is Canadian citizen now and his asylum file in US should be closed?
4- Is there any legal requirement and procedure to inform USCIS that he does not need asylum status in US anymore and his asylum file should be closed?

Please guide and help.
Thanks
 
He does not longer have aslyum status in USA. Period. After leaving usa for more than one year outside USA.
Aslyum status is proven by travel document. He is canadian now. But I dont know if there is specifik procedure to end the procedure.
 
How to withdraw the adjustment application that was filed based on the asylum.

My mother claimed asylum in 2002 while I was under 21 and she is green card holder now.
In 2003 I was granted derivative asylum status as a child of refuge, but then I never adjust my status. I married a US citizen in 2010. Not long time ago we went to local immigration office to adjust my status through marriage. Somebody told me before that you cannot adjust your asylum status while you married. But the agent in immigration office made us change our minds by telling that getting green card through marriage is long story and I should adjust status through asylum. Last year we sent all required paperwork to Nebrasca Service center and today I got the answer:

“ Re: Form I485. Request for evidence.
The documentation submitted is not sufficient to warrant favorable consideration of your application. UCIS record indicates that you were granted derivative asylum status as the child of XX. The records indicate that you are currently married and can no longer adjust status as the child of refuge. You may apply for asylum in your own right in order to adjust status. Please complete form I-589…”
Then they give me a few options:
1. I can submit all evidence requested
2. Submit no evidence and ask for a decision based upon the record
3. Withdraw the application.

My questions are: What is the right way to withdraw the application? Should I reply to email or go to the court? What are my next steps to adjust my status through marriage? Should I do medical exam/fingerprints again and pay new fees?

Thank you so much for all future help and guidance!
 
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