Pending Asylum Case and eligible for DACA

Asked almost 2 years ago - Chelsea, NY

I have a pending asylum case before a judge as a defense for deportation. When DACA was announced in the summer, I found out that I was eligible for it. I already applied for DACA. Is there a way to remove my asylum case, i.e. can I let the judge know that I no longer want to use asylum as a defense, and can it be done before my next master hearing court date?

Attorney answers (6)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . You can request that your next master calendar date be expedited. Then you can withdraw your asylum application since you have already applied for DADA.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alena Shautsova

    Pro

    Contributor Level 20

    2

    Lawyers agree

    8

    Answered . You can do that. However, the DACA does not give you an opportunity to apply for a green card later, the Asylum, if granted, does.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  3. Gintare Grigaite

    Contributor Level 18

    3

    Lawyers agree

    1

    Answered . You may withdraw your asylum case at your next master calendar date, however, I would recommend waiting for your DACA decision first.

    Contact attorney Gintare Grigaite, Esq. at 646-407-2331, located in New York and New Jersey. Answers on AVVO do... more
  4. Irene Vaisman

    Pro

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . I hope you are represented by an attorney in your removal proceedings. DACA is wonderful and you should wait for approval, but your should analyze your chances for asylum - if in fact you do have a credible claim, after asylum is granted, you get to apply for a green card (and unfortunately you do not yet have this chance to do so with DACA). if you don't want to do so, you can certainly withdraw your asylum application and ask that removal proceedings be terminated since your DACA application was approved.

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

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . I agree with my collegue. I would add that you should wait for a decision on your matter before withdraw your asylum petition. Also, your removal hearing may be administratively closed if your DACA is granted.

  6. Nicklaus James Misiti

    Contributor Level 19

    1

    Lawyer agrees

    Answered . I agree with the other attorneys., I only wish to add you really should have an attorney doing this for you. There is not much wiggle room for inexperience in the immigration courts. My firm handles deportation defense in NY.
    Regards,
    Nicklaus Misiti
    Law Offices of NIcklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more

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