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Asylum has been pending

Newark, NJ |

My asylum case is currently pending. I had submitted new evidences on February after a NOID (Notice of Intent to Deny) was given. It has been 4 months as well. I am on OPT status after graduating from college. My OPT expires this July and in order to be in status I am planning to join grad school. If the Asylum case gets pending this way, Would I be able to cancel the asylum request? Because I am already on F1 status.

Attorney Answers 3

Posted

Applying for asylum and responding to NOIDs without an attorney is not a bright idea. There is a 19% approval rate for affirmative asylum application stemming from the Newark branch. You should consider consulting with an attorney.

Withdrawing your application may/may not be a good idea. It depends on your asylum claim. You are permanently barred from any type of visa/visa eligibility if your case is deemed frivolous. Withdrawing your case may raise a red flag as to whether your case was real or fake. If your claim wasn't frivolous and just merely non-meritorious, your withdraw should not have an adverse affect. Nonetheless, you should still consider speaking with an attorney.

VOSBIKIAN & VOSBIKIAN, L.L.C. (856) 755-1400, e-mail: ssvosbikian@voslaw.com - Offices in Atlantic City, Cherry Hill, Newark, and Trenton, NJ. Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please visit and share this site: www.voslaw.com

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Posted

I agree with my colleague. An asylum application is something that should be done with an immigration attorney. Canceling an asylum request is usually not a good decision unless there are compelling facts. need more information. Consult an experienced immigration attorney as soon as possible.

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Posted

Asylum applications are so serious that you should always use an attorney. Lawyers have faced jail time for filing frivolous asylum applications. The chance of obtaining asylum with a lawyer is slim, and even slimmer without one.

IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.

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