News & Insights

1. Understanding the Process of Withdrawing an Asylum Application

• Eligibility to Withdraw:

  • If you no longer require asylum protection because of a change in circumstances (e.g., political reforms in your home country) or because you have adjusted your immigration status (e.g., received a green card through marriage), you may request to withdraw your asylum application.

• Relevant Authority:

  • If your asylum application is still pending with USCIS, the process involves submitting a withdrawal request to the asylum office handling your case.
  • If your case has progressed to the Immigration Court level, you must notify the court and may need to file a motion to withdraw or terminate your case.

2. Steps to Withdraw an Asylum Application

• Submit a Written Request:

  • If your case is with USCIS, write a letter to the asylum office handling your case. Include:

    • Your name and Alien Registration Number (A#).
    • A clear statement of your request to withdraw the application.
    • An explanation of why you no longer need asylum, such as obtaining a green card or changes in your country’s conditions.
    • Supporting documentation, such as proof of green card status or evidence of changed circumstances in your home country.

• Contact the Field Office:

  • Follow up with the asylum field office to ensure your request is processed. You can find the relevant asylum office and contact information on the USCIS Asylum Office Locator.

• Request for Case Termination (If Applicable):

  • If your case is with the Immigration Court, you or your attorney must file a motion to terminate the proceedings. The judge will review your request, and if approved, your asylum case will be formally closed.

• Confirmation of Withdrawal:

  • Once your withdrawal request is processed, you should receive a written confirmation from USCIS or the court stating that your application has been withdrawn or your case terminated.

3. Factors That May Affect the Timeline

• Processing Time Variations:

  • The time it takes for USCIS or the Immigration Court to process a withdrawal request can vary. It might take weeks to months, and in some cases, responses can be delayed significantly due to backlogs.

• Lack of Response:

  • In some instances, applicants report not receiving a formal response for extended periods. However, as long as you’ve submitted your request and followed up appropriately, this does not usually impact your current green card status.

• Complications with Pending Cases:

  • If there are discrepancies or unresolved matters in your asylum case (e.g., missed hearings or adverse findings), these could delay the process or require additional legal intervention.

4. Legal Implications and Practical Considerations

• Impact on Your Green Card:

  • Withdrawing your asylum application has no adverse effect on your green card, provided your permanent residency was obtained lawfully and not through misrepresentation.

• Keeping Records:

  • Retain copies of your withdrawal request, supporting documents, and any correspondence from USCIS or the court for your records.

• Professional Assistance:

  • Consider consulting an immigration attorney to ensure your withdrawal is handled correctly, particularly if your case is with the Immigration Court.

• Travel Restrictions:

  • Before traveling internationally, confirm with your attorney that there are no lingering issues with your asylum application that might affect re-entry to the U.S.