Guidance Needed on Pending Asylum Appeal and VAWA Application with Travel Implications

stupidmistake

New Member
Dear friend,

I am seeking your guidance regarding my immigration case, as I’ve received conflicting advice from different attorneys. Here is my situation:
1. I currently have an asylum case appeal pending with the Board of Immigration Appeals (BIA).
2. I am planning to file a Violence Against Women Act (VAWA) petition, as I am eligible for this relief.
3. I understand that VAWA petitioners may apply for advance parole (a travel document) to travel outside the United States.

However, I’ve been told conflicting things about whether I need to withdraw my asylum appeal to avoid legal complications when traveling with a VAWA-based travel document. Specifically:
• One attorney advised me to withdraw my asylum appeal because, upon re-entry to the U.S. with the advance parole document, immigration officers may deny my admissibility due to the pending asylum case.
• Another attorney assured me that I do not need to withdraw my asylum appeal and that I can travel safely without jeopardizing my ability to return to the U.S.

Given these conflicting opinions, I would greatly appreciate your assistance with the following:
1. Is it legally required to withdraw my pending asylum appeal before applying for advance parole under VAWA?
2. If I travel on advance parole while my asylum appeal is pending, could this create issues with my admissibility upon re-entry?
3. What are the risks of withdrawing my asylum appeal before my VAWA application is approved?
4. How do these two processes (BIA appeal and VAWA application) interact, and what is the safest path forward?

Your guidance on this matter is crucial to ensuring that I make the best decision for my immigration status. If you require additional details about my case, I’d be happy to provide them.

Thank you in advance for your time and expertise.
 
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