I was in court recently for an asylum case where the DHS attorney offered my clients Withholding of Removal as a “courtesy” in lieu of asylum. DHS did not believe that my clients were legally eligible for asylum, but made the offer in order to settle the case. I negotiated as best I could for asylum, and I think the DHS attorney listened carefully, but ultimately, he was unmoved. When the Immigration Judge (“IJ”) learned that DHS would agree to Withholding, he remarked that the offer was “generous,” which I took as a sign that he wanted us to accept it. In the end, my clients did not agree to Withholding of Removal, and so the IJ reserved decision. We shall see what happens.
So what is Withholding of Removal? Why did the IJ view an offer of Withholding as generous? And why did my clients refuse this offer?
Withholding of Removal under INA § 241(b)(3) is a lesser form of relief than asylum. If a person has asylum, he can remain permanently in the U.S., obtain a travel document, petition to bring immediate relatives here, and become a lawful permanent resident and then a U.S. citizen.
A person with Withholding of Removal, on the other hand, has technically been ordered deported, but the deportation is “withheld” vis-à-vis the country of feared persecution. This means that the person cannot be deported to that country, but she could (theoretically) be deported to a third country. A person with Withholding of Removal is eligible for an employment authorization document (“EAD”), which must be renewed each year. However, unlike with asylum, she cannot leave the U.S. and return, she is not eligible to become a resident or citizen, and she cannot petition for family members. In addition, on occasion, ICE (Immigration and Customs Enforcement) attempts to deport the person to a third country. Normally, this consists of ICE ordering the person to apply to various countries for residency. This is essentially a futile exercise, and it usually involves hours of wasted time preparing applications and sitting around the ICE office. Maybe it is designed to intimidate the person into leaving, but at a minimum, it is another stressful hassle that the Withholding-of-Removal recipient must endure.
The bottom line for Withholding of Removal is that those who have it are never truly settled here. They risk losing their jobs and drivers’ licenses if their EAD renewal is delayed (which it often is). They cannot qualify for certain jobs or certain government benefits. They usually cannot get in-state tuition for school. They can never travel outside the U.S. to visit relatives or friends, even those who are gravely ill. They are here, but not really here.
For me, Withholding of Removal is more appropriate for some recipients than others: One reason a person gets Withholding instead of asylum is that he has criminal convictions that make him ineligible for asylum. In the case of a convicted criminal, it is easier to justify denying the benefit of asylum, even if we do not want to send the person back to a country where he could be persecuted.
In other cases, it is more difficult to justify Withholding. If a person fails to file for asylum within one year of his arrival in the United States, he generally becomes ineligible for asylum. He remains eligible for Withholding, but downgrading his status from asylum to Withholding because he failed to file on time seems a harsh consequence for a relatively minor infraction. Other people—like my clients mentioned above—might be ineligible for asylum because the government believes they were resettled in a third country before they came to the U.S. “Firm resettlement” is a legal construct and it does not necessarily mean that the person can live in the third country now (my clients cannot).
Despite the limitations of Withholding of Removal, many IJs (and DHS attorneys) seem to view it as a generous benefit, and they encourage asylum applicants to accept Withholding as a way to settle removal cases. They also tend to take a dim view of applicants who refuse an offer of Withholding: If the person is so afraid of persecution in the home country, why won’t she accept Withholding and avoid deportation to the place of feared persecution? I understand their perspective, but I think it fails to account for the very basic desire of people like my clients to make the U.S. their home. They don’t want to live forever unsettled and uncertain. Having escaped danger, they want to live somewhere where they can make a life for themselves and—more importantly—for their children. Withholding does not give them that.
Frankly, I think that most IJs and DHS attorneys underestimate the difficulty of living in the U.S. with Withholding of Removal. And these difficulties are not limited to practical problems related to jobs and driver’s licenses, attending and paying for school, and the indefinite separation from family members. For my clients at least, Withholding of Removal does not alleviate the stress of their situation. They have fled uncertainty only to find more uncertainty. Will they be deported to a third country? Will they lose their job if the EAD renewal is delayed? If their driver’s license expires and they must drive anyway, will they be arrested? Can their children afford college? If they buy property and invest in life here, will they ultimately lose it all? Such uncertainty would be bad enough for the average person, but we are talking here about people who have already had to flee their homelands. Asylum is a balm to this wound; Withholding of Removal, in many cases, is an aggravating factor.
Perhaps if IJs and DHS attorneys knew more about the consequences of Withholding of Removal, they would be more understanding of asylum applicants who are reluctant to accept that form of relief, and they would be more generous about interpreting the law to allow for a grant of asylum whenever possible.
It’s hard to obtain WOR status, but it offers less in comparison to asylum. How can this makes sense?
Immigration system is broken…
In a way, WOR is a punishment – either for filing asylum late or having some other bar apply. This makes more sense for people with a criminal conviction, but less sense for people who just did not understand the law or did not file on time. Take care, Jason
WOR is one of the hardest immigration statuses to obtain, yet it offers the least…
Having been granted WOR, I’ve come to understand its true cost: living in perpetual limbo. It feels like you’re never truly part of the country that offered you protection. Instead, you’re constantly on edge—always anxious about the future, especially with each election cycle. Will the laws change? Will they find a “safe” third country to deport me to? Fears lead to sleepless nights and a relentless cycle of depression.
WOR strips you of the ability to see loved ones in other countries, and if a parent or family member falls ill or passes away, you’re forced to grapple with the heartbreak of not being able to say goodbye. The idea of freedom—the very foundation on which the US prides itself, the irony is crushing.
Perhaps one day, someone brave enough will start a petition, or advocates will campaign to reform the laws for WOR holders. Maybe that person could be me, but today, I feel defeated. It’s hard not to give up when you feel unseen, unheard, and unvalued in the country you’ve called home for so long.
WOR is not just a status—it’s a life in uncertainty and heartbreak. Change is needed…
This is very well said and I think you capture the feelings of most everyone with WOR. The question of what to do about it is a difficult one, especially now with a hostile Administration about to enter office. One positive point of WOR is that it is a strong status, in the sense that unless home country conditions change or in the very unlikely event that some third country volunteers to take our WOR people, it is not possible to deport someone with WOR. You overcame a high legal standard to obtain WOR and so it does offer protection. I do think educating the public about the status, and about asylum seekers in general, is an important step towards making improvements. One way to do that is if you belong to any organizations (churches, mosques, schools, civic groups), and you can talk to them and convince them to contact their Congress people, that is a good start. We may be getting some changes to the immigration law in the next Congress (and maybe they will not be all bad), and if so, trying to put this issue on the radar of Congress is a good idea. Take care, Jason
Hi Jason,
When Homan states that they will go after people with orders of removal, does that include people with WOR? Or those who haven’t applied or are not qualified for relief? Should we worry they come knocking on our doors?
People with WOR cannot be deported unless the case is re-opened and the WOR order is eliminated, or unless there is a third country where they can be sent. Under the law, people with WOR can be detained, but can only be held for a limited period of time, and unless they are a danger to the community, they have not generally been held in detention. What Trump will do about WOR people, we do not know, but I could see them trying to reopen certain cases where country conditions have improved, or where they can argue that the person is dangerous. I am not sure that any of this would accomplish their stated goals of deporting people, but I think they mostly care about showing the public that they are being tough on immigrants. Whether they even have resources for this is another question. All that is a long way of saying that I do not know what they will do about WOR people, but if you have evidence of a continuing danger in the home country, it would be good to have that evidence available, just in case they start re-examining old WOR cases. Take care, Jason
Thanks for the response, but those with final orders of removal that they’re targeting immediately, the “low hanging fruit,” are those people already granted relief? Or ordered removed and never appeared in court or settled their cases?
I think the idea of easily targeting people with final orders is a fantasy. Some such people already left, others are still here, but the US government does not know where they are (they presumably are not updating their addresses with USCIS), and others have WOR or CAT protection and so cannot be deported – these forms of relief are an order of deportation that is “withheld” as to the country of feared persecution. In short, while there are probably many people with final orders still in the US, it will be very difficult to find them and deport them. Take care, Jason
With trump winning and his promise to conduct mass deportations, does that also extend to those who have been granted withholding of removal by an immigration judge almost 10 years ago? Are people granted WOR at risk of these raids? And should they carry the judge’s order on their person in addition to their EAD? Thank you
I doubt WOR people will be targeted. There are not so many of you (compared to other groups who are here without status). Also, under the law, it is very difficult to deport someone with WOR. Basically, they would need to find some third country to take you. I think they will focus on easier targets. That said, I do think it is worthwhile to have a photo of the judge’s order and keep that on your phone or somewhere you can access it. I doubt you will need it, but it is better to have it available just in case. Take care, Jason
Thank you. So in the rhetoric leading to securing the border and immigration and so forth, that does not include WOR status correct? I ask because there are proposals to eliminate those with TPS and other humanitarian parole protections, and so with that said is WOR, limited as it may be, considered a legal status / protection ordered by a judge that they will not seek to overturn?
WOR is based on a law (INA 241(b)(3)) and so that would need to be changed to eliminate the status. I think it is not a very common form of relief and so it may not be on the radar of the new Trump Administration. Also, to change it would require Congress, and that could be problematic. For these reasons, I doubt it is at risk, but I do not know there plans and so I cannot say for sure. Take care, Jason
Good morning Jason,
I’m a recipient of A-10 WOR status from 2011. Always reporting to EOR office in time without incidents.
Married with a US citizen from 2006, have 4 US citizen children, I-130 approved for the US citizen spouse. Severe hardship for the US citizen family members in case of separation.
Criminal background, for non violent, non drug related offense.
What are the chances of getting sent away?
Thank you for your time.
WOR is not a great status because you cannot get a GC or travel outside the US and return. However, it is a strong status in terms of remaining in the US. That’s true as long as conditions in the home country do not improve or there is no third country where the US government can send you. I would keep an eye out for those changes. Since you have an approved I-130, I presume you have looked into adjustment of status. There are different types of waivers available depending on what issue is blocking you from adjusting, but sometimes (especially if you did not originally enter the US legally), you have to leave the US to get the GC. Again, it sounds like you have done this, but if not, it is worth talking to a lawyer to know what options, if any, you have to get the GC based on your spouse or children (or any other basis). Take care, Jason
For almost eight years, I’ve been visiting this page during many difficult, sleepless nights, searching for information on withholding of removal. I was incredibly fortunate to come across Jason’s page, as even my lawyer wasn’t very familiar with this status. Week after week, I returned here to read the questions others asked and Jason’s clear, thoughtful responses. He even took the time to answer a few of my own questions.
I married my wife, a U.S. citizen, about six years ago, and we now have two children, both born here. Recently, my adjustment of status was finally approved, and I’ll be receiving my green card soon. The journey to this point has been incredibly challenging, with four years spent just waiting for my joint motion to reopen.
I want to extend a heartfelt thank you to Jason for all his help. The information I found here was so valuable that I shared it with my attorney, which made a real difference in my case. I hope that everyone going through this difficult process will eventually find freedom from this status.
Thank you for sharing your good news and for the kind words. I hope you have the GC soon and then US citizenship. Take care, Jason
Hi Jason,
Thank you so much for your response. If we decide to re-open the case, do you know how long that process would take? Our case was initially in one state, but we have since moved to another. Should we re-open the case in the state where the decision was made, or would they need to transfer it to our current state of residence?
It seems like it might be a lengthy process, but we strongly believe our lawyer failed us by not properly explaining the consequences of our status. Lawyer didn’t even suggest re-opening the case. I don’t think lawyer fought for us enough—both my spouse and I were primary applicants, but they only questioned my spouse. I wasn’t given a chance to testify, and we were essentially told to accept the decision or risk being undermined during cross-examination, which we weren’t given the opportunity to go through.
After you prepare the application, you normally ask DHS (the prosecutor) if they agree to reopen. That process can take weeks, if they respond at all. After that, you file with the same court that issued the Withholding order. The judge could respond quickly or slowly, and if it is taking a long time, you can call the court to inquire. As I do not know the case, I cannot evaluate whether your lawyer was constitutionally ineffective (i.e., his errors deprived you of your right to due process under the law). You would want a lawyer to look at that, but even if the lawyer was ineffective, courts often expect you to take action relatively quickly. Given that 4 years have already passed, the time will be another obstacle, or at least you will need to explain why it took you so long. I am not saying that this would be impossible, but it sounds unlikely, and I would not hire a lawyer who promises too much, as they might just be trying to get some money from you. Take care, Jason
Hello Jason,
My spouse and I were granted Withholding of Removal (WOR) 4 years ago, and at that time, we did not fully understand the consequences of this status. Our lawyer advised us to accept it because it was a generous offer, and we agreed without fully knowing what this status entailed. We have been living in this country for over 10 years; can we apply for cancellation of removal? We are both people of good moral character with no criminal background, just two people living a normal life. We believe our lawyer failed us, but we can’t do anything about it.
Thank you!
To qualify for Cancellation, you would possibly need to reopen the case and dismiss it without the removal order (currently, you have an order of removal that was “withheld” as to your country of feared persecution). Then, the US government would have to issue a new Notice to Appear and start the court process over. Alternatively, it may be possible to just try to reopen the case and apply directly for Cancellation. This depends on whether the Notice to Appear in your case is defective. Also, the window to reopen in this manner may have closed; I am not sure about that. In short, you need a lawyer to review the case to see about eligibility. Also, in order to qualify for Cancellation, you need a US citizen or Green Card spouse, parent or child who will suffer extreme hardship if you are deported. If you do not have such a relative, this will not work. I am doubtful that this path will get you anywhere, but it may be worth talking to an attorney to evaluate that. Another option, if you think the first lawyer failed you, is to try to reopen the case based on ineffective assistance of counsel and then try to get asylum. If you have a copy for your full case, you could ask another lawyer to review it and evaluate this possibility. There is some risk in either approach, as you could potentially end up in a worse place than where you started, but I do not think there is any harm in looking into the options, and then if you think it is worthwhile to move forward (understanding any risks), you can do that. Take care, Jason
[…] asylum for failing to utilize CBP One. They each received Withholding of Removal instead, which is not nearly as good. For the children, who were both under age 10 when they entered, I argued that they did not have […]
Hello Jason,
To re-open WOR, how many times can I attempt to refill my joint motion?
Hey ,Jason c1d can be eligible for this new Biden parole in place ? Thanks for reply
Sorry, I do not know. People who enter on C and D visas are often treated differently than other visas, and so I would recommend you have a lawyer research whether you are eligible. Take care, Jason
Hello Jason,
To re-open WOR, how many times can I attempt to refill my joint motion?
Technically, you can file as many times as you want. For a joint motion, you have to get the agreement of DHS (the prosecutor). If DHS agrees, generally, the court will re-open the case. I do think you need to present your strongest case the first time, as DHS (and the court) are much less likely to pay attention to you on the second (or subsequent) request. Take care, Jason
Hi @JASON DZUBOW,
After a challenging court session, the judge denied my asylum request. However, my application for withholding of removal was granted. The judge also mentioned that withholding of removal under the Convention Against Torture is “moot.”
I haven’t been able to find anyone to explain what “moot” means in this context. Could you please help me interpret the judge’s decision and advise me on the next steps I should take?
Thank you for your assistance.
You can normally only get one type of relief, and you got Withholding of Removal. Therefore, you no longer needed relief under the Torture Convention, and so it is moot, meaning that it is no longer needed. Both Withholding and Torture Convention are basically the same (I wrote blog posts about them on December 10, 2015 and April 25, 2018, respectively). You can appeal the judge’s decision and hopefully get the BIA to grant you asylum. Remember that if you plan to appeal, the documents for appeal must be received by the BIA in 30 days or less from the date of the judge’s decision. Take care, Jason
Hello Jason,
I have WOR since 2018, my brother has become a US citizen, he is 41. Can he petition for me? Thank you in advance.
He can, but it would be a very long road and would likely not work. First, the wait time for the I-130 petition is many years (you can Google “DOS visa bulletin” to see that). Once that wait is done, you would have to try to reopen your court case, then close the case without the removal order (WOR is a removal order that is withheld), then most likely you would need to leave the US to get the green card, and this may or may not be possible. I guess you can talk to a lawyer to go over the specifics, but even if it would work, it would take more than 15 years. Take care, Jason
After reading all of your comments and reply from Jason, I just smile painfully. My husband has decided to move from the USA after frustrating of long holding of this GOLDEN WOR status . You all called it beautifully ” A Bird in the golden cage.” I called it ” An Open Prison ” . My husband has stuck here and it means we all , family members stuck here, we even do not want to go out to visit to Europe without him because we felt unfair for him, visiting somewhere with his hard-earned money? oh no … , he even could not visit to see his dying mother , since then we just saw him like a broken hearted man ………..We, as being Asians, our parents are very important. He even did not have a chance to see her after all. We also lost some business opportunities because of this golden status. My husband is a hard working , loyal, responsible , dedicated man with a good moral character . So, we strongly supported his decision and finally we all will be following him in a few years ( by the way I am a United Citizen ) . We will go to the place where we are treated the best. For us, human being is way more important than the money, the country and green document. Please keep this comment for you as reference , one day , you may become the person who has to fight for that status. There are lots of good countries out there in the world. I am sorry that US has to lose the good citizen and good people like us. . Please do get me wrong that I do not like the country and American people. I like this beautiful country , American’s true spirits , their passion , their kindness, their believe and generosity . I just hate the systems those never change that need to be changed in time. We are now getting older and older ….So after covid, we need to see the world. Thank you all for reading my comment with your time.
Correction ” Please Do not get me wrong “
As an WOR statute person for over 12 years, with similar family ties in US, all I can say is: stay strong, don’t give up,.There is always tomorrow. Never say never. Do it for the future of your children. The whole world is changing extremely fast. Good luck.
I am sorry for this, and it is not only a loss for you and your family, but for our country. I hope you have spoken to a lawyer to see whether there might be a solution, especially since you are a US citizen. Anyway, I wish you best of luck. Take care, Jason
I agree with Jason.my status was WOR for more than 12 years, and I’ve been visiting this page every week for over 7 years. With Jason’s comments and my attorney’s assistance last week, we obtained approval for a joint motion (after 3 years waiting) and filed for an adjournment of status. I’m confident you can find a way to solve this.
Never give up.
I enter the country without inspection – I was Granted Withholding of Removal…. I Currently have Pending VAWA I-360 & I-485 Application. I recently Travel on Advance Parole to a different country 2 days only ( not my home country) I was Paroled at a port of entry base on my pending adjustment of status. My question is: Did I trigger the deportation order that was withheld by leaving the country on advance parole? Are my chances better to adjust status now that I have a Lawful entry?
It’s a good question and I am not really sure, sorry. My guess is that there was no effect, since you have AP and entered that way, but I am not certain. Also, WOR is a removal order – it is just withheld as to your home country. For that reason, I think you took a risk by leaving, as you could potentially have been detained upon re-entry. In any event, I am not sure you are eligible to get the GC based on the I-485 at this point – I think you need to reopen the court case and get rid of the WOR, and then dismiss the case without a deportation order. I would talk to a lawyer about how to proceed going forward, as I am not sure about all this, since I do not have all the info about your case, and if you have not yet done so, you need to figure out the exact plan for how you will get the GC based on VAWA. Take care, Jason
Hi Jason ,
After almost 3 years since I filed a request for a joint motion to reopen from ICE-DHS – (Office of Principal Legal Advisor). However, they did not respond, and I want to change my attorney because he is not actively trying to contact them and follow up seriously. I just talked with another attorney, and he said my last option is to request directly to the court. I’m very confused after more than 10 years of withholding of removal, and my wife is a U.S. citizen, and I have an approved I-130 petition.
I really appreciate your advice.
First, you have to be eligible to get the GC based on the I-130. Assuming you are, it can be difficult to get DHS’s attention for a motion, though usually if you email them a couple times or call the duty attorney, you can get their attention (but not always, and it varies by office). If DHS will not join in a motion to reopen, you can file that yourself, and explain that you attempted to reach out to DHS (and provide some evidence, such as emails or dates of phone calls), but that they did not respond, and so now you are filing on your own. This can work and is worth a try (I did it at least once that I can remember), though it would be better if you can get DHS to join your request. Take care, Jason
I have deferral of removal under CAT for over 10 years now. It is due to a juvenile conviction that I can’t go beyond this status and I am from the camp of assuming personal responsibility but at the same time I do find some of it very inconvenient and unreasonable at times. It seems that if someone is here indefinitely, there shouldn’t be so many hurdles and fees when trying to acquire working permits. It is a yearly thing, it is always delayed and the extension when it expires doesn’t even apply to category C18 which is what many of us with this status have. This means that there is always a period where the driver license expires, we are unable to work and meet other obstacles from not being able to show our status.
Who knows how long this methods will last, and immigration seems to often be used for political rhetoric but the remedies even for people with more common issues and without convictions often seem mediocre. I’m not sure what the figure is for people who have withholding and deferral of removal under CAT but being able to at least have a forum to trade notes on how to deal with some of these difficulties would be helpful and beneficial.
I do not know about such a forum, but I agree with you that CAT is not a great status. Whether you might be eligible for any better states, for example if you marry a US citizen, I do not know, but if you think you might be eligible, talk to a lawyer about the specifics. I doubt the problems with CAT or WOR will be resolved any time soon, as I do not think this is a priority for USCIS. For this reason, it is good to keep thinking about other options and to talk to a lawyer if you think your situation may have changed. Take care, Jason
My category is withholding of removal status.
I am going with consular process – (requirements i-130 family petition, i-212 & i-601A waiver )
question: Should I wait until I-130 is approved or can I submit the I-212 waiver at USCIS at anytime?
( I am aware that I-601A waiver must be submitted after i-212 conditional waiver is approved, but not sure about I-212 permission to re-apply ). any input will be greatly appreciated, thanks for this wonderful Blog !
I have question please:
Going with “Consular process” requires you to be in your country of origin.
Under the statute of WOR, is clearly stipulated that, if you live US, your self-deported automatically triggering the re entering bar between 3 years – 10 years or lifetime. Regardless of mentioned petition or waivers, you still must spend at least 3 years fighting the system.
How do you intend to do that?
My self I’m on WOR for about 12 years, US Citizen spouse, 4 US Citizen kids, my oldest son second year West Point Academy Cadet, wife former US Federal Government employee. And with all that so to say background and very consistent resources, I’ll not take any chances to attempt such of a strategy.
As per current Immigration Law, USCIS has a total discretion on how to resolve a case. There is no case alike. With that being said, I’ll advise you to seek a professional advice from a very good Immigration attorney. Don’t play with fire. You will definitely get burned.
If the Government decides to reopen your case, allow you to voluntary depart from US, you may have a chance to return to US if, you will be capable to secure I-601A before living from US.
Good luck to you, be extremely diligent and careful on resolving your problems.
I appreciate your comment. as you mentioned there is no case alike and this following could be an option for some people according to an expert’s opinion. ” file the I-130 . if entered without inspection (EWI) you were not admitted or paroled for purposes of 245(a) adjustment. Since you were granted withholding of removal you also have a prior removal order. you are inadmissible for 10 years under 212(a)(9)(A) and you would need an I-212 waiver. you’ll also need the I-601A to overcome inadmissibility under 212(a)(9)(B) and the 10 year bar. Before the request of the I-601A waiver, you will need at least a conditional i-212 approval. in a few words it is needed I-130, I-212 & I601A waiver approved, before leaving for consular process, if I understood correctly. its very complex matter that requires an immigration lawyer. Maybe @Jason Dzubow can provide a general input in regards to consular process for people on withholding of removal – A10
I think it is tricky and needs to be analyzed specifically (it sounds like you already did this). I would also look into re-opening the case and trying to get rid of the removal order, as that may make life easier (WOR means you have a removal order and the removal was “withheld” as to your country). Take care, Jason
Good advice, though it is sometimes possible to consular process in a third country. As for your case, maybe you can try to reopen and adjust status based on a family relationship? We have done that recently for someone who had WOR. I know it depends on the case, but I know it worked at least once, so maybe you want to look into it if you think you have a chance. Take care, Jason
Hi Jason ,
It’s Almost 2 years my attorney send the request for joint motion to reopen for adjust of status (I 130 approved), but they didn’t respond, just 6 months ago they ask for proof of entry and we sent it , my attorney tried to contact them but they are not responding. I emailed to them and they said because you represented whit attorney we can’t give you any information.
I’m confused should I change my attorney or wait?
I am not surprised that the process is this slow, but I am not sure I understand who you are asking to reopen – USCIS, DHS or the Immigration Court. For court or DHS, you (or your lawyer) can call the judge’s clerk or the DHS duty attorney to ask about the motion you can find contact info under Resources). For USCIS, it is possible to call 800-375-5283, but I doubt that will help. One other option is to inquire with the USCIS Ombudsman (there is also a link under Resources). They sometimes help with delayed cases, but if the matter is with USCIS and they have already asked for more info, I doubt they will help either as they will say that USCIS needs more time. Nevertheless, there is no harm in inquiring. Take care, Jason
The request sent to ICE ,OPLA ( Office of the Principal Legal Advisor ) for joint motion.
Then it is best to keep following up with them. If they will agree to reopen, you have a much greater chance for success in court. Take care, Jason
I do not do consular cases and so I am not sure, sorry. I do think you might consider re-opening the court case to see if you can change that to Voluntary Departure (this may or may not be possible, but at least you should look into the possibility). If so, it would eliminate one bar to returning, which may make it easier to get a waiver (and it may be that the waiver is not even needed). Hopefully, you have a good lawyer to help you and the lawyer has explained each part of the process step by step. Take care, Jason
Hi Jason, is it possible for Withholding of removal to get advance parole / humanitarian parole , in case of emergency if a family member is hospitalized? —- if that is even possible, have you ever hear a successful case with no issues on returning? 🙁
As far as I know, that is not possible. If you have Withholding and leave the US, you will have deported yourself, since you technically have been ordered deported but the judge “withheld” deportation to your home country. Maybe talk to a lawyer to research this, but as far as I know, if you leave, you will not be able to return. Take care, Jason
Hello Jason,
It may sound like a silly question but still want to ask you . I want to travel to Hawaii from Cali. for a week, how much risk I am taking? I have WOR. Thank you!
Should be no problem. Just don’t go to Samoa – I did a post about a guy with WOR who got stuck there (the post is from October 17, 2012). Take care, Jason
Hi Jason,
It’s almost 16 months we file for joint motion to re open
But we didn’t receive the answer. My attorney try to contact them but nothing happened. How long they can keep file we no response.(I-130 is approved)
Thank you
This can be a problem. I think ultimately, if the court refuses to respond, you may need to file a mandamus lawsuit. But maybe if you call and talk to the clerk, you can push them to take action. Also, maybe if your lawyer can talk to the DHS attorney (the prosecutor), if that attorney agrees to a joint motion, it could make the process faster. Take care, Jason
Hi Jason.
I have a question. I submitted my application for work permit about a month ago and I have not yet received my receipt number that USCIS received my application and for me to check online. I would typically get this within 10 business days but it has now been a month! Should I be concerned?
Thanks.
They are behind. My fiancé sent his back in sept since it expired in January. He received his work permit 2 weeks ago.
Receipts have been slow, as have renewals, so as long as you sent it to the correct address, I expect you will receive the receipt in the next week or two. If you paid by check, you can check with your bank to see whether that was cashed. If so, the receipt number should be printed on the canceled check. Take care, Jason
Hi Jason, I was granted withholding of removal back in 2016 I entered in 2004 (EWI ).
my wife is US Citizen. she was recently diagnosed with an Illness that needs to have a long treatment.
I check with an expert and had told me this
I share with you:
Yes, the spouse can file the I-130 and would need to consular process since he last entered EWI and was not admitted or paroled for purposes of 245(a) adjustment. Since he was granted withholding of removal he also has a prior removal order from 2016. He is inadmissible for 10 years under 212(a)(9)(A) and would need an I-212 waiver. He’ll also need the I-601A to overcome inadmissibility under 212(a)(9)(B) and the 10 year bar. Before he can request the I-601A waiver he will need at least a conditional i-212 approval.
You have a final order of removal, exclusion, or deportation (including an in absentia order of removal under INA 240(b)(5)). If you have a final order of removal, exclusion, or deportation, you can only seek a provisional unlawful presence waiver if you have applied for, and we have already approved Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal at the time you file the Form I-601A.
Question for you Jason
do you agree with this expert’s opinion.?
does my withholding of removal remains active all the process or does it need to be close before I could start anything?
Thank you for this wonderful & helpful blog!
I would have to look more closely at the law to know, but this sounds correct to me. In practical terms, I think you will have a very difficult and expensive path that way, but it may be an option. You might also want to reopen the case and see if you can get Voluntary Departure when it is time to leave, as that will at least erase one ground of inadmissibility. This will also likely be quite difficult, especially to time the VD with the consular processing. One other idea that you may want to try first – if DHS would agree to reopen the case, terminate proceedings (based on prosecutorial discretion), and then re-issue the Notice to Appear, you would be eligible for Cancellation of Removal. It is very unlikely DHS would agree to this, but it may be worth asking before you start the other process. If they agreed, it may be an easier path for you and would not require you to leave the US (assuming you are eligible for Cancellation, of course). There is a new decision with regard to TPS people who have a removal order (I will post a link below). It is not exactly on point, but it is a somewhat similar situation and may be instructive in your case. Anyway, these are just some thoughts and may be worth asking what your lawyer thinks about them. Take care, Jason
https://cliniclegal.org/press-releases/joint-press-release-uscis-agrees-restore-path-permanent-residency-tps-beneficiaries
can someone with *withholding of removal take advantage of the new prosecutorial discretion, for adjustment of status purposes once I-130 is approved ?
does that apply for us too? EWI – withholding of removal ordered by IJ in court 2016 I- 130 Pending
Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion (Doyle Memorandum), which will take effect on April 25, 2022.
https://www.ice.gov/about-ice/opla/prosecutorial-discretion
If you entered EWI, it is unlikely that you can adjust status and get a GC. There are exceptions to that rule, but most people are not eligible, and if you are not eligible, I do not think that you could reopen the court case to try that process. Talk to a lawyer to see whether you might be eligible, and if so, have the lawyer explain step by step how you will get from where you are now to having a GC (and preferably, get this in writing). Take care, Jason
Hi Jason, I was holding withholding of removal for couple of years before I reopened my case and dismissed the case in court and then applied for I485 with USCIS based on marriage, anyway that withholding of removal changed my life a lot and I think judges are not aware of consequences of this ruling for migrants, I was thinking of writing to immigration judge about consequences and life impacts of my personal life with withholding of removal so they will get familiar with impact of that law and would feel what they are actually signing. Since I wouldn’t get any benefits out of it Do you think it’s appropriate to do so?
Hello,
What was the process of re opening and after how long you got your green card .
Thank you
Hi Jason, I was holding withholding of removal for couple of years before I reopened my case and dismissed the case in court and then applied for I485 with USCIS based on marriage, anyway that withholding of removal changed my life a lot and I think judges are not aware of consensus of this ruling for migrants, I was thinking of writing to immigration judge about consequences and life impacts of my personal life with withholding of removal so they will get familiar with impact of that law and would feel what they are actually signing. Since I wouldn’t get any benefits out of it Do you think it’s appropriate to do so?
I think that is appropriate – I do not know whether the judge will read the letter, but I do wish judges knew more about the effects of Withholding. As long as the letter is respectful, maybe the judge would read it and think about it. You are also welcome to share it here, if you want. Take care, Jason
Hi ED.
I currently have withholding of removal status and i have been making some inquiries to see if there is a possibility that i can reopen my case and get ride of the withholding of removal and what i get from some people is that it is not possible to reopen the withholding of removal case.
So since you have been through this process i want to know from if you successfully got your withholding of removal case reopen and where you able to get a green card and was the withholding of removal case terminated.
Any advice will be be helpful.
Thanks
It varies by case. If the only reason you got WOR instead of asylum was the one year bar, and if you entered the US legally and are otherwise eligible, you may be able to reopen the case if you are now eligible to get a GC based on marriage to a US citizen, for example. If you got WOR because of a criminal issue and/or you entered without inspection, it may be more difficult or impossible. You should talk to a lawyer to review the specifics of the case. Take care, Jason
Hello,
What was the process of re opening and after how long you got your green card .
Thank you
Hello Jason,
My EAD renewal application was accepted at the beginning of June, 2021. And USCIS asked me to do fingerprint again and USCIS messed up my DOB , we found out this when they take my fingerprint. Now when I go to my online USCIS account this is the only info I see , “On August 26, 2021, we updated your date of birth for your Form I-765” . Also my residential address was changed and updated. It is almost November, my DL is expired, EAD expired in September. It has been almost 5 months since my EAD renewal was accepted. It usually takes 3 months to receive the new EAD. Do you know why it is taking so long? Also is there a phone number that I can call and get help? Thank you!
We are seeing renewals take about 5 to 7 months. You can try calling them at 800-375-5283. It is difficult to reach a person, and my guess is that your case is still within the “normal” processing time posted at http://www.uscis.gov for the I-765. If so, I do not think calling will help (but maybe it can if you indicate that you are losing your job and that you have an emergency; but if you are still under the 180-day automatic extension (for a c-8 EAD, for example), I am not sure you can make this claim). Aside from calling, you can open a case with the USCIS Ombudsman (a link is under Resources) – they sometimes help with delayed cases. Take care, Jason
Hi Jason.
I’m In WR since 2011 and the reason was I applied after one year for asylum….
Right now I’m married to US citizen for 3 years and I got approval of 130 last year . My attorney send request to Office of the Principal Legal Advisor (ICE) to get approval for next steps. But it’s almost 7 months they didn’t respond.
Usually how long will take to get the green card.
Thank you,
We did this for someone and it took many months – I can’t remember how long, but I know we finally got the case dismissed recently and she is applying for her GC. In your case, maybe the attorney can follow up with the ICE lawyer – there are new policies in effect related to prosecutorial discretion and those may make the ICE office a bit more flexible. If they do not respond, your lawyer can file the motion directly with the court. The goal is (probably, depending on the case) to get them to re-calendar the court case, dismiss the court case, and then you can file for your GC with USCIS based on the approved I-130. Take care, Jason
Hello i have WOR from 2019, im married with a us citizen, i have i-130 approved, also i have a i-212 pending from june 2023, im waiting to be approve on i-212, my lawyer said after be approve on 212, we have to apply to i601a, my question is if can i apply to an advance parole after my 212 is approved and i601a is pending? Is safe to return? Someone know a similar case ?
Thanks
This sounds like a difficult path. You would first need to re-open the court case, and then close the case without a deportation order (WOR is a deportation order that has been “withheld” as to your country). You could then try consular processing with the provisional waiver (the I-601A). Doing that in your home country would be a bad idea, given that you sought protection from that country, and returning there might cause the US government to think that your original asylum/WOR case was fake. Also, I do not see how you could apply for Advance Parole – you are not eligible for that based on WOR, and I do not know what other basis there is for you to get it (maybe TPS if you are from a country where that is an option?). In short, I would make very sure that you understand each step of this process, how it will work, whether you have to leave the US, where you will go, how you will return if something goes wrong, and what are the risks. Take care, Jason
Have you seen a successful case of WOR that was eventually removed and Greencard issued? All I keep hearing is that it’s difficult for to do.
Thanks
Yes, we’ve done it a few times. At least for my cases, the person got WOR due to the one-year filing deadline (and not due to a criminal bar) and then married a US citizen. We reopened the case and then dismissed the case without the removal order (WOR is a removal order that has been “withheld” as to the home country). The process usually takes a few years, and you probably need the cooperation of DHS (the prosecutor), which is a bit easier under Biden than Trump. I do think it is possible, but I would have a lawyer review the specifics of the case and evaluate the chances of it working, and what are the risks (if any). Take care, Jason
Hi Jason
I have WOR from 2019, im married with a us citizen, i have i-130 approved, also i have a i-212 pending from june 2023, im waiting to be approve on i-212, my lawyer said after be approve on 212, we have to apply to i601a, my question is if can i apply to an advance parole after my 212 is approved and i601a is pending? Is safe to return? Someone know a similar case ?
Thanks
Do we know if the USCIS office is accepting a walk-in visit now? I have a granted WOR status and my yearly report date is coming up soon. I was wondering if I’m allowed to come in and report now. I tried to come twice last year (after USCIS reopened in June 2020), but they would not let me in. They were only accepting those with scheduled appointments. Thanks.
USCIS does not have walk in appointments, but if you have an appointment with ICE (for a check in), at least some offices have those. Assuming this is an ICE check-in, unless you can verify that the appointment is canceled, you should attend. Do you have any contact info for the place that has the appointment? There is general contact info at http://www.ice.gov. Maybe that is a place to start if you have no other info. Take care, Jason
Thanks for the info. Yes, this is for ICE check-in. I don’t have an appointment with a specific officer. They just put a date once a year on the form when I have to come. When I tried to come last year, the security guard downstairs mentioned the reporting window was closed due to Covid and they’re only allowing people with a scheduled appt. But yes, I will try again next week, and if possible I will try to call the office first. Thanks again.
At least the ICE offices near me are doing check-ins, so you should either find out what is happening with your local office, or you should attend. Take care, Jason
[…] asylum. This includes people who received Withholding of Removal (which is a common–and inferior–form of relief for asylum applicants who miss the one-year […]
Hi Jason.
I heard that the new Biden administration is planning to issue green card to immigrants with temporary protective status, So does that also applies to people with withholding of removal?
The plan is not yet released, and so we will have to see the specifics. I do not feel optimistic that they will change the status of people who have Withholding of Removal, but we shall see. Take care, Jason
Hi Jason ,
Is possible for person with Withholding off removal For more than 10 years get green card with cancelation of removal?
Thank you,
The only way to do that (that I know of) would be to get DHS to issue a new Notice to Appear (“NTA”). Once the NTA is issued (it is issued at the beginning of the immigration court case), it stops the clock for purposes of Cancellation. If you can get a new NTA, issued today, for example, you could count the 10 year prior to that NTA and be eligible for Cancellation (assuming you meet the other criteria). Otherwise, I know of no way to do that. Take care, Jason
Hi Jason,
I know this was asked before, but just to verify, the new EAD rules do not apply to those with WOR who renew every year correct? Can they renew as normal with judge’s order?
Thank you
Correct – The new EAD rules do not apply to people with WOR and you should be able to renew the EAD as before. Take care, Jason