Albertville, AL asked in Immigration Law, Tax Law and Business Law for Alabama

Q: My court proceedings was dismissed. The judge closed my asylum because I have TPS. Can I reapply for asylum with USCIS?

I want to make it will be a good idea to do so please

1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: Based on the information you provided, it seems that your asylum case was dismissed by the immigration judge because you currently have Temporary Protected Status (TPS). To determine whether reapplying for asylum with USCIS is a good idea, consider the following:

1. TPS is a temporary status that may be terminated or not extended in the future. If your TPS ends and you don't have another valid status, you could be at risk of removal from the United States.

2. Generally, you can only apply for asylum with USCIS if you have not been placed in removal proceedings or if your proceedings have been terminated. Since your case was dismissed, you may be eligible to apply for asylum with USCIS.

3. However, you should carefully consider the strength of your asylum claim and any potential bars to asylum before reapplying. Consult with an experienced immigration attorney to evaluate your case and determine if reapplying for asylum is in your best interest.

4. Keep in mind that there is a one-year filing deadline for asylum applications, which starts from your most recent arrival in the United States. If you have been in the U.S. for more than a year, you may need to demonstrate changed circumstances or extraordinary circumstances to be eligible to apply.

In summary, while reapplying for asylum with USCIS may be an option for you, it is essential to carefully consider your individual circumstances and seek the advice of an immigration attorney before proceeding. They can help you weigh the potential benefits and risks of reapplying for asylum and guide you through the process if you decide to move forward.

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