Will I be able to get a tourist visa to the U.S. after I withdrew my asylum case and returned to my home country willingly?

Okay, so me and my father arrived to the U.S. on tourist visas on march 12th,
2016. We were invited by our relatives, so we stayed there for about half a
year, we were travelling and stuff. We were allowed to stay in the U.S. until
12th of september. My father bought a returning ticket to Belarus on the 2nd of
september and I decided to stay in the U.S. for one more week for some more
fun. My father and my mother own a small shop, where they sell clothes. After
he got home, my mother told him that a few months back she started to get
anonymous presumably from the city administration threats with demands to get
rid of the shop no matter how, but she didn’t tell that to my father on skype,
because it is a known fact that KGB controls all the incoming and outcoming
traffic in the country and she was afraid to do so. Those anonymous callers
were threatening my mother’s and my father’s life, including me. My father
contacted me and without any details told me to remain in the U.S., he said not
to ask any questions on skype. Few days after he called me again and briefly
explained the situation. I didnt want to violate the duration of stay in the
U.S., so we started to look for a way to stay in the U.S. legally. My father
offered me to apply for asylum until the threat to my life is gone. I found an
immigration attorney and we applied for asylum. I remained in the U.S. for 6
more month, during that time my parents were trying to resolve the problem with
the shop. They gave up eventually, because the city administration needed the
land beneath the shop so bad, they didnt even care about the law and the
documents proving the fact that the land belongs to my parents. During that
stay in the U.S. I got a crippling depression, health anxiety and other mental
problems. Every day I asked my parents if I can come back home.
On march 20th my father called me and said that they sold the shop and gave up
the land to the city administration. He said I can go home now. I went to my
immigration attorney and asked to withdraw my asylum case. On march 27th I got
back to Belarus.

Now Im wondering If I ever will be able to get a tourist visa to the U.S., the
situation is really sticky and Im not sure that I will manage to prove the
officer my non-immigrant intentions after whatve happened.

Thank you.

Asked on July 10, 2017 under Immigration Law, New York

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can try but you will most likely not get it because you will be presumed to have immigrant intent.  Why did you file for asylum only to withdraw the application and then return to your country?  That is really seen as a frivolous petition that cannot possibly be taken seriously.


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