The article addresses the situation of people who have a pending asylum application and at the same time are seeking permanent residence in the United States through marriage to an American citizen. Many receive the receipts for I-130 (family petition) and I-485 (adjustment of status) and wonder if they can withdraw the asylum application.
The USCIS NTA issuance policy, published in February 2025, includes withdrawal of an asylum application among the special circumstances under which the agency may issue an NTA. This does not mean referral to immigration court is automatic, but the decision to withdraw asylum before the other process is resolved requires careful legal analysis.
A pending asylum application does not itself prevent someone from having a family petition or adjustment of status application in process. For spouses of American citizens, some adjustment of status barriers do not apply to so-called immediate relatives. Eligibility depends on various requirements, such as the manner of entry into the US, any admission or parole, background, prior orders, and proof of marriage.
The article also highlights that a pending application does not equate to legal immigration status and that protection against unlawful presence during the asylum waiting period has limitations. The central recommendation is that before abandoning any application, the person should gather documents from both processes and consult with a licensed immigration attorney or authorized representative, since each case depends on specific facts and hasty decisions may create unnecessary steps in the process.
