Yes, you can cancel or withdraw your asylum application, but the process depends on whether your case is with the USCIS asylum office or the immigration court. However, you should also be aware that the government can cancel or terminate your status if you have already been granted asylum but commit fraud, return to your home country, or are convicted of an aggravated felony.
Key takeaways:
• You can withdraw an asylum claim, but you must file a formal letter or motion explaining your intent.
• If your case is pending with USCIS, you contact the asylum office; if you are in removal proceedings, the immigration judge must grant the request.
• Asylum allows you to remain in the U.S. indefinitely unless your status is terminated, but it is still advisable to apply for lawful permanent residence after one year.
• Using your home country’s passport or returning to your country of origin can be seen as a waiver of your need for protection.
Before you submit a request to cancel your asylum case, consult with an immigration attorney to avoid deportation.
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Whether you filed an affirmative asylum application or are seeking protection due to a particular social group affiliation or political opinion, your immigration history and A-number are tied to your receipt number.
If you decide, "I want to cancel my asylum case," you must understand the law. If you simply stop showing up to your asylum interview or court date, a judge may issue an order of deportation in your absence.
If you're wondering, "Can my asylum case ever be cancelled?", well, the answer is yes. Unless you’ve obtained a “green card” or lawful permanent resident status, you may lose your asylum status and derivative asylum status given to your spouse and children if:
• The U.S. government has evidence that there was fraud in your asylum application.
• There has been a “fundamental change” in your country so that the reason you were afraid to return is no longer present.
• You have been convicted of a crime that meets the definition of “aggravated felony.”
• There exists another country that will accept you for asylum, or you have obtained a new nationality.
• You have returned to your home country, or you have used your country’s protection. For example, traveling on your home country’s passport or renewing it.
Asylum is not a right to remain permanently in the U.S. For this reason, it is important to apply for a “green card” or lawful permanent resident status as soon as you are eligible. If you are facing the termination of your asylum status or if you wish to withdraw your case to pursue other applications, you should contact an attorney at Hacking Immigration Law, LLC.
How do I withdraw my asylum application?
To withdraw your asylum application, you must submit a written letter to the USCIS office or a motion to the immigration court, depending on where your asylum case is pending. You must explain your reasons and provide your A-number.
Can I cancel my asylum case and stay in the U.S.?
This depends on your current immigration status. If you have no other legal status, withdrawing your asylum claim may result in being placed in removal proceedings. Always consult a lawyer to see if you are eligible for other immigration services, like a work permit or a marriage-based green card.
What happens if I miss my asylum interview?
If you fail to respond to a notice or miss your date, the asylum office will likely refer your personal file to the immigration judge. This moves your case into court, where the process becomes much more difficult.
Should I talk to an immigration attorney before cancelling?
Yes. An asylum attorney can guide you on how a withdrawal will affect your family members and your future eligibility to stay in the United States.
Hacking Immigration Law, LLC is here to help you navigate the complexities of USCIS and the immigration court system. If you need to file a form or change your intent, reach out for a consultation today.
