
How to Withdraw Your Asylum Case After Receiving a Green Card Through Marriage
I recently received my green card through marriage. How can I withdraw my pending asylum case?"
Expert Answer:
Withdrawing your asylum case after receiving your green card through marriage is a straightforward process, but it is important to follow the correct procedure to ensure proper closure of your case. The steps depend on whether your asylum case is pending with USCIS or in immigration court.
1. Steps to Withdraw an Asylum Case Pending with USCIS:
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Write a Withdrawal Letter:
- Draft a formal letter requesting the withdrawal of your asylum application.
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Include the following details:
- Your full name.
- Your A-number (Alien Registration Number).
- The receipt number from your Form I-589 application.
- A brief explanation, such as:
"I am requesting to withdraw my pending asylum application as I have obtained lawful permanent resident status through marriage."
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Provide Supporting Documentation:
- Attach a copy of your green card (both front and back) as proof of your new status.
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Send the Withdrawal Request to the Correct USCIS Office:
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Mail your request to the asylum office handling your case. You can find the address of the asylum office on the USCIS website using the Asylum Office Locator:
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Follow Up:
- USCIS may confirm the withdrawal of your case in writing. If you do not receive a response within a few weeks, contact the asylum office directly for confirmation.
2. Steps to Withdraw an Asylum Case Pending in Immigration Court:
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File a Motion to Terminate Proceedings:
- Work with an attorney to file a Motion to Terminate Proceedings with the immigration court handling your case. This motion requests the judge to close your case because you have obtained lawful permanent resident status.
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Include Supporting Evidence:
- Attach a copy of your green card and any other relevant documents proving your new status.
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Notify the Government Attorney:
- Serve a copy of the motion to the Department of Homeland Security (DHS) attorney assigned to your case.
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Attend a Hearing (If Required):
- In some cases, the judge may schedule a hearing to formally terminate the case. Ensure you attend this hearing or have your attorney represent you.
Key Considerations:
1. Impact of Withdrawal on Future Immigration Benefits:
- Withdrawing your asylum case will not negatively impact your green card or future immigration benefits, as long as the withdrawal is done correctly.
2. Avoiding Miscommunication:
- Ensure that your withdrawal request is submitted in writing and confirmed by USCIS or the immigration court. An unclosed asylum case could cause confusion or delays in future immigration processes.
3. Legal Assistance:
- If your case is in immigration court, it is highly recommended to work with an immigration attorney to file the necessary motion and ensure proper closure.
Authoritative Resources
1. USCIS Asylum Information:
2. EOIR (Immigration Court) Information:
3. Asylum Office Locator:
https://www.uscis.gov/about-us/find-a-uscis-office/asylum-offices
By following the proper steps and ensuring your withdrawal is documented, you can successfully close your asylum case after receiving your green card.
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355 South Teller Street, Suite 204,
Lakewood, CO 80226
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303-514-6589