Going home Question

5

555555

Registered Users (C)
Gilbert and other gurus, please help.

Wife is a derivative beneficiary of my asylum case. We never used that to apply for adjustment of status. Now she got her approval on adjustment of status based on my employment. She needs to go home immediately due to some emergency. Two lawyers have given me different stories. One(empolyment-based lawyer) said that she could not go back to home country until she becomes a citizen. The other one (Asylum lawyer) thinks it may be OK. She is a derivative beneficiary. We do not think that we mispresent anything. The fear for me is real, not for her.

Questions:
1. Can she go back with the stamp on her passport under employment-base approval?
2. Can I ever be able to go back under my employment base approval and not get the trouble to come back?

We really appreciate your help. thanks.
 
555555

As I understand, you both have your PR stamped in your passports. If so, check with an experienced attorney how to withdraw your asylum application. Similar question was raised in the message center of AILA Infonet. Attached are the records of the discussion.
It seems the withdraw of the application worked for them. So, explore the possibility of withdrawing your asylum application before going home. Good luck
 
Last edited by a moderator:
alanpero1:

Thanks for your infor. I do not have applied for PR under asylum. I only have approval for asylum. Since it was quicker to get PR under labor, that was what I did. I do not know what to withdraw. Can I withdraw the whole polical asylum, but it is approved. Stamped only with PR under labor. I just do not want to cause any problem. I believe that I would be Ok, because I will abandon the asylum case if I go back, but the employment immigration lawyer said that I could not go back. Do not know what to do.
 
555555

Check with an attorney experienced in immigration matters if it is possible to withdraw asylum cases. The reference I posted is from AILA lawyers. Apparently they have done that before and worked for them. Look for an attorney that have done this before.
Good luck
 
555555

555555,

I am in similar situation. Actually, my case is even worse: I have an I-485 based on asylum pending for 2 years. My husband filed I-485 based on employment for my family, and I got AP, but really don't know how to do with it. I am thinking about to withdraw my I-485 and may be abandon asylee status, but just don't know what gonna happen and how to do it. Really need help from experts. If you have more info, please share.

Thanks,

Shaowen
 
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