Political asylum and 3/10 year bar

[Stef234stef]

Hi there,

I just wondered if you have applied for political asylum in the states and are awaiting your first interview, with the processing time being 3 years or longer, are you exempt from the 3/10 year bar should you leave? For example, if you were to leave the country and move to another country on a spouse visa with your husband/wife, would it matter how long you overstayed your visit for or is there a different rule in place for pending asylum cases?

Thanks

[inadmissible]

Advance Parole is available for asylum applicants to avoid triggering the bar upon departing the country

I would not recommend that you use it because the bar will be triggered when your asylum application is denied while you are abroad. Even if you a different way to gain permanent residency (a future successful asylum claim, your husband gains permanent residency, etc), the grounds of inadmissibility will stand in the way of your eventual adjustment of status application

Asylum applications often are not slam-dunk cases, and there may be some back and forth

This risk may not be material to you because you have a backup country to go to if your immigration journey becomes too complicated here