Leave the US with my asylum case pending

P

pancakebear

New Member
Hi all,
I have applied my Asylum case in 2016 at LA office. I left the US and moved to Canada last year because I got the PR in Canada. My case was still pending when I left the US. In this situation, do I have a 10 year ban? Do I have to wait for 10 years if I want to travel to the US?

Thank you.
 
It depends. What status did you have before filing for asylum? What date did it say on your I-94? Did you have a bona fide asylum case? Did you work illegally while asylum was pending?
 
newacct said:
It depends. What status did you have before filing for asylum? What date did it say on your I-94? Did you have a bona fide asylum case? Did you work illegally while asylum was pending?
Click to expand...
No I didn't work illegally. I was holding a student visa and it was expired on May 2016. I-94's date is 2015 May. My case was pending and waiting for the interview to be scheduled that time. But I left the US in 2022, does the period from 2016-2022 count as overstay?
 
I meant the "admit until" date on the I-94. F1 students are usually admitted for "D/S" on their I-94s, not a date. Since your I-94 did not have an expiration date, you did not start accrue "unlawful presence" no matter how long you stayed (unless you applied for some benefit and were denied, or you were placed in removal proceedings). Furthermore, you do not accrue unlawful presence while a bona fide asylum application is pending, as long as you did not work illegally. So you did not accrue unlawful presence on 2 counts: you didn't stay past the date on your I-94, and you had a bona fide asylum claim. But even if your asylum claim wasn't bona fide, you would still not have accrued unlawful presence due to your D/S I-94. So you did not trigger a ban upon leaving the US.
 
newacct said:
I meant the "admit until" date on the I-94. F1 students are usually admitted for "D/S" on their I-94s, not a date. Since your I-94 did not have an expiration date, you did not start accrue "unlawful presence" no matter how long you stayed (unless you applied for some benefit and were denied, or you were placed in removal proceedings). Furthermore, you do not accrue unlawful presence while a bona fide asylum application is pending, as long as you did not work illegally. So you did not accrue unlawful presence on 2 counts: you didn't stay past the date on your I-94, and you had a bona fide asylum claim. But even if your asylum claim wasn't bona fide, you would still not have accrued unlawful presence due to your D/S I-94. So you did not trigger a ban upon leaving the US.
Click to expand...
I have a D/S on my I-94. Sorry, I thought you mean when was my last entry to the US. And that is in May, 2015. But I have graduated in 2016. After I filed my asylum application, I waited for around half year and I applied for the EAD card. I didn't apply any benefit during my case pending. Since I moved to another country, is my asylum case closed or how will that be dealt with? If I apply a travel visa to the US, will I get approved smoothly?
 
newacct said:
It depends. What status did you have before filing for asylum? What date did it say on your I-94? Did you have a bona fide asylum case? Did you work illegally while asylum was pending?
Click to expand...
Hey! I have a question about leaving the US while having pending asylum case, If person just get airplane tickets and go through with it, Is Person getting put into detention at the airport a possible situation?
Also the Person got their i-94 upon entering the US by borders at CBP.
Person was asking me, so I decided come here with their question!

I would appreciate any help on this!
 
You must log in or register to reply here.
Top