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I have a pending asylum case for 3.5 years & pending i458 for about 3 months. Do i need to withdraw my asylum to go to my country & come back with advance parole?
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Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
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In order for you to file an I-485 application, you must be legally eligible to file such at the time of filing. An improper filing is not cured by obtaining advance parole and being paroled back into the country. If you properly filed for adjustment of status, you would not have to file for an advance parole. Assuming that you have a pending asylum case with USCIS and not the immigration court, a request to withdraw the asylum application may be helpful if the asylum office agrees to the request without doing anything further, but possibly harmful if the asylum office decides to issue a notice for you to go to immigration court at the same time. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 23rd, 2021 at 1:17 PM