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Why You Need to Cancel Your Asylum Request if Your Residency is Approved

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Securing permanent residency in the United States is an incredible milestone, often achieved through family-based petitions, employment, or other immigration pathways. If you previously applied for asylum and your residency is approved through another route, it is essential to cancel your asylum request. Understanding why this step is necessary can help avoid complications in your immigration status and ensure a smooth path forward as a lawful permanent resident (LPR).

 

The Role of Asylum in Immigration

An asylum application is a protection-based request for individuals who fear persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group. It grants refuge but comes with specific legal conditions:

·       Intent to Stay Based on Fear: When you apply for asylum, you declare that returning to your country of origin is unsafe.

·       Continued Monitoring: Pending asylum cases require regular updates on your situation and can impact other immigration benefits.

 

Why Cancelling Asylum is Necessary After Residency Approval

1.   Avoid Conflicting Claims

Residency is often granted through processes that demonstrate your intent to stay in the U.S. for family ties, employment, or diversity reasons. Maintaining an active asylum request after obtaining residency could create a conflict:

·       An asylum claim asserts you cannot return to your country due to danger.

·       Residency, however, does not restrict you from traveling to your home country, potentially raising doubts about your initial asylum claim.

 

Cancelling the asylum case ensures that your record aligns with your current status as a permanent resident.

2. Prevent Legal Complications

Holding multiple applications with differing intentions can complicate your immigration record. The U.S. Citizenship and Immigration Services (USCIS) or immigration courts might:

·       Question your credibility if you maintain inconsistent claims.

·       Delay processing other applications or adjustments.

 

By withdrawing the asylum request, you eliminate the risk of legal challenges to your residency.

 

3. Freeing Up the Asylum System

Withdrawing your asylum application after obtaining residency also allows USCIS and immigration courts to allocate resources to others who genuinely need protection. This step demonstrates responsibility and respect for the immigration system.

 

How to Cancel Your Asylum Request

Cancelling your asylum request involves formally notifying the USCIS or immigration court, depending on where your case is being processed. Here's a brief overview of the process:

 

For USCIS Cases:  Submit a written request to withdraw your asylum application.   Include your receipt number, A-Number, and a copy of your residency approval notice.

For Court Cases:  Notify the immigration judge or court handling your case.  Consult an immigration attorney for guidance on presenting a motion to withdraw the application.

 

Can You Still Benefit from Asylum Protections?

If you become a permanent resident but still fear persecution in your home country, asylum protections may still apply in certain ways:

·       Refugee Travel Document: As a permanent resident, you can apply for a refugee travel document instead of using your home country’s passport.

·       Adjustment of Citizenship: During the naturalization process, disclose any fears or risks related to your country of origin for proper consideration.

 

Conclusion

Cancelling your asylum application after receiving residency is not just a formality—it’s a necessary step to ensure consistency in your immigration record and avoid legal challenges. By taking this proactive measure, you strengthen your position as a lawful permanent resident and align with the expectations of the U.S. immigration system.

If you’re unsure about how to withdraw your asylum case or have questions about transitioning to permanent residency, De Maio Law is here to help. Our experienced attorneys can guide you through every step, ensuring your immigration status remains secure and worry-free. Contact us today at (786) 232-9120 and schedule your consultation!



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