I have just filed my asylum case and now my mother is sick and I need to return back to my country , if i withdraw my asylum case now , can i re - enter USA or they will report my name to the airport and i won't be allowed to enter the states again . thanks
PROVIDED you did not end up in removal proceedings where you would have "dropped" your case without telling the court, that is the court granting your VD request, and provided further that you did not overstay your welcome in the USA beyond 180 days, and provided further that the asylum application was not deliberately fabricated and finally provided that the consulate would be satisfied that you will be coming back to your country after the visit in the USA, you may be allowed to enter.
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Real Estate Attorney
The short answer is there is no short answer -- consult a lawyer pronto.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
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 a face to face 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 consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and 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.
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If you are presently in-status (F1, B2, etc) and you are not in immigration court proceedings (you filed I-589 with USCIS), you may withdraw the I-589 and depart. You may have two issues: your subjective fear of returning to your home country and your non-immigrant intent if you try to reenter. You should talk to a lawyer to help you think through it and sort our the issues. If you like, give me a call. I can talk to you for a few minutes. 216-338-2120
You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.
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