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Hello I withdrew my asylum application right before my initial interview with officer in miami. Both attorney and USCIS employee

Pompano Beach, FL |
Filed under: Political asylum

over the phone said i will not get any penality or consequences by withdrawing application as long as it is being done before case is being decided. Lawyer said i have little chance to succeed based on my failure to file within one year.. now i got letter from homeland security department warning my deportation process. i am heading to court tomorrow for my master hearing without lawyer. I also learned that i can pursue my Work Authorization Document which i did not know before...My final application was approved on august last year and now i have 5months which i am qualified to apply EAD,,but since i withdrew my application and case has been pending without my input...how does it affect my asylum clock? Can i reopen my asylum case? What kind of relief am i qualified for?

Attorney Answers 4

Posted

its hard to say what relief your qualify for without seeing your case. I strongly recommend an in person consultation with an experienced attorney.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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Posted

You might be eligible for a lot more than you think of. We focus on immigration and have handled many master calendar hearings. It is always best to go with a skilled professional.
Hire a lawyer to protect your legal rights.
Jeffrey J. Estrella, Esq.
Licensed Attorney and Counsellor At Law/Abogado y Licensiado
Licensed in New York, New Jersey, and Connecticut
The Estrella Law Firm, P.C.
75-20 Astoria Boulevard, Suite 170
Inside The Bulova Corporate Center
Jackson Heights, NY 11370
T. (347) 628-2391
F. (718) 672-4728
E. Estrella.Jeffrey@gmail.com
www.EstrellaLawyer.com

The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- Jeffrey J. Estrella, Esq. Licensed Attorney and Counsellor At Law/Abogado y Licensiado Licensed in New York, New Jersey, and Connecticut The Estrella Law Firm, P.C. 75-20 Astoria Boulevard, Suite 170 Inside The Bulova Corporate Center Jackson Heights, NY 11370 T. (347) 628-2391 F. (718) 672-4728 E. Estrella.Jeffrey@gmail.com www.EstrellaLawyer.com

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Posted

I think it would be best for you to speak with an attorney who can review your case file. Failing to file within one year of last entry is a bar to asylum BUT there are exceptions. While you may be able to assert a claim for asylum, there may also be other forms of relief for which you are eligible. An attorney can help you to figure out what those would be.

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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Posted

It appears that you have a fundamental misunderstanding of the withdrawal process. All you did was withdraw the application which prevents USCIS from adudicating the application. It does not prevent them from initiating removal proceedings if you are otherwise unlawfully present in the United States. When you withdrew your asylum application the clock became irrelevant because you have no pending application. An EAD is issued to an alien who has a pending asylum application. You don't have one.

There are a number of issues in your case that need to be addressed. You need to consult with an retain experienced immigration counsel. The government is going to be represented by counsel before the Court, you should be also.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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