I applied for asylum when I was in F1 status. Now I am out of status and still waiting for the asylum interview. Recently I got married, my husband is US citizen, we just submitted I-130 and got receipt. I was wondering if I can write a mail to Asylum office to withdraw my asylum application, and I will give them a copy of I-130 receipt. Is it OK to withdraw asylum application now? Any suggestions?
You should have also concurrently applied for I-485 "Adjustment of Status" - not too late. Work with an attorney.
Only seek to withdraw your pending asylum application after having had your AOS approved. Not before
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You should have applied for an I-130 and I-485 concurrently. Submit your I-485 now. Do not withdraw your asylum application until your get your green card.
Please see https://www.avvo.com/legal-guides/ugc/green-cards-through-marriage
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
It would be best to consult with an immigration attorney to discuss why you wish to withdraw your asylum application prior to doing Adjustment of Status. Note that, as Mr Shusterman said, you should have applied for the I-485 at the same time as the I-130 (you cannot adjust status without an I-485) in addition to submitting I-765, G325A's, I-864, etc.
This general information does not establish any attorney-client relationship. There may well be factors not mentioned in the question which could and should be addressed in an attorney consultation.
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