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.
Thank you for the wonderful post and answering all questions with honesty and such detail.
My current status is withheld under INA 241 (b)(3), since I was denied asylum in 2014 due to the firm resettlement bar. I also have a daughter which as my dependent but who was also granted the same status separately. I do see in your comments that marrying a US citizen one can reopen their case and apply for a green card. However I have fallen in love and am engaged to someone who is a permanent resident and not a US citizen yet. Would I still be able to adjust my status after we get married even though he is not a citizen? What are the probabilities of us getting denied if any?
You will need to talk to a lawyer to help you through the steps, but in short, you should be able to do this, and it is better for you to wait until he is a US citizen (and if your child is under 21, he can also file for her). However, you can start the process before he is a US citizen by having him file the form I-130 for you (and one for your child). The I-130 is faster for citizens, so it may make sense to wait until he is a citizen to file, but you will have to have a lawyer look at the case to determine that. Also, it is legally possible to do this process while he has a green card, but it would require you to leave the country, which is much more complicated. The bottom line: Talk to a lawyer – you and your daughter will hopefully be able to get your green cards this way. Good luck, Jason
Hi, Jason
Question can my husband apply for asylum if he has been convicted of a aggravated felony. or are we better off filing for a status adjustment he’s been and legal and permanent resident for 31 yrs.
If he has an aggravated felony, he is not eligible for asylum (though he can apply – he will be denied). You should talk to a lawyer to review your options before you file anything with USCIS, as it could be a very bad idea. Good luck, Jason
I have asylum case that lasts over 13 years. The first IJ denied me because my attorney failed to keep the 1 year mark and also he said that I have no grounds. Then I was appealing and finally the BOI reopened my case.
Now I have a new IJ which postponed my hearing 4 times and the last time he offered Withholding of Removal. I guess the 1 year mark is bothering them.
I am thinking about taking it and then applying for adjustment through employment or my sister (she is a US citizen)
What would you advise?
You may have difficultly adjusting based on a sister or a job, as you likely would have to leave the US to do that (though there is an exception under INA section 245(i)). I highly recommend you find a lawyer to guide you in this process, as it is complicated and it is impossible to provide real guidance here, since I do not know much about your case. Take care, Jason
Thank you. I do have a lawyer, but I kinda need a second opinion since my case turned out to be a huge pain…
Thanks. How long does the sister or employer sponsorship usually last (I am from Eastern Europe)
I do not know what you mean. If your sister files for you, you can apply for the green card once your “priority date” is current. However, given your status in the US, I doubt you can get the green card without leaving the US. If you do not trust your current lawyer, you should find another lawyer. Take care, Jason
Good luck
Samantha during those 13 years are you eligibil for renewing your EDA.
Thanks
What’s EDA?
EAD.
Employment Authorisation Document
Hi Jason I know you are able to provide me an abviose answer regard my asylum case and I’m looking for your help.
I filled my asylum application in 2013, 2015 I had my first interview, 2016 I received a notice to appear states that the officer put charge against me because I stay in the Us without authorization after my visa expired! And this is not right because I apply to asylum before my visa date expired and I had renew my work permit on time. However, also I received a referral court letter states that my case is refer to the judge. I don’t know what to do now!!!!
Also the USCIS sent my last work authorization for two years and the categories is A05. And I didn’t receive any letter states that my case have been approved. So I went to the local USCIS and they told me that I have to contact the main asylum office because on there system shows my status is now asylum. Same day I called the asylum office they said they need letter from me explaining the situation. I did send a letter to the asylum office couple days after sending the letter I received a letter from the asylum officer states that my case under routine review. After couple weeks of waiting I decide to check with the local asylum office and the guy when he checked my status he said it is unbelievable your status now change to (asylum applicant without work authorization) instate of asylum since last time we check it!!!! My question is please could you quide me to the right way to Figure out the issue with my case.
Also, my brother applied before me and he get his case granted. We were saperat case but our case attached to each other.
My lawyer is not the best and I’m struggling with my live don’t know what to do … I need permanent residence to be able to obtain my education because most schools ask me to provide them with documents states that I’m asylum granted And I don’t want to wait years or so for the court interview…
Now what is the best solution ?
Should I look now for more experience immigration lawyer or what I have to do to strengthen my case ..
Obviously, something is wrong. First, you should find a new lawyer that you trust. If your case is in court, you might want to communicate with the office of the Chief Counsel (the prosecutor) – sometimes they can help, as they have more info than the asylum offices. You can find their contact info if you check the link at right called DHS Office of the Chief Counsel, and you can call and ask for the Duty Attorney. You will need your Alien number, and maybe they can provide you more info about your case status. Ideally, an attorney would do this for you, as it is easier for a good attorney to communicate with them. Good luck, Jason
I really appreciate your help and God bless you! Now I have an idea what I have to do next.
I will be more than happy if you are willing to recommend me to a more experit immegration lawyer or if I have the opportunity to have a consult regard my case with you Mr. Jason , by the way I live in Boston.
Thank you
Also, I checked my case using EOIR service and it states my case is pending!!!!
I can’t recommend anyone, and I am probably not very convenient (I generally cannot do phone consults either – sorry), but if you look around and talk to a few lawyers, you should hopefully find someone you trust. Take care, Jason
You have made the most sense in this forum, my dear Ali. Goodluck.
Thanks for your useless comments Tina
Hi Jason,
My immigration court is in NYC and my permanent residence is also in NYC.
I have withholding of removal.
I’m doing business in Massachusetts. And here in MASS I was placed under arrest for DUI. I told them my MASS address to receive court letters. Police officers took fingerprints and booked me in. In the morning they released me before the court. Court clerks said my case dismissed. I asked them if they can give me any letter that says my case is dismissed thy said: You didn’t go to court and we can’t issue any letter because case was dismissed before court.
In about 5 weeks after that I received signature letter on my MASS address (I gave to local PD when was arrested) from ICE office. Letter says that I have come to ICE office and they can record interview on video.
How they found out my mass address?
Why can they call for interview?
Does ICE getting court decision records or only arrest records?
What to do in this situation?
Before this arrest I had two arrests (one of them was DUI) and both were dismissed. So, I was never convicted in any crime.
They have the legal authority to call you. I think you need a lawyer to go with you, and to talk to about your situation. The police must have shared your MA address with ICE, so you should bring evidence that you also have a NY address (so they don’t think you are lying about your address). There certainly could be other issues as well, so I think you need a lawyer. Take care, Jason
I have a US citizen sister who is over 30 yrs old and she wants to petition for me the Alien Relative i have withholding. My question Mr. Jason is is this possible or even allowed, if yes do i have to file i-485 with it or do i have to reopen the case in court to remove the withholding status. thanks
She can petition for you, but the waiting period for sibling petitions in about 10 or 12 years (google “DOS Visa Bulletin” and you will see). Once the petition is current – in 10+ years – you would have to reopen your case, leave the US, and then return with a green card based on your sister’s petition. Depending on your situation, this may not even be possible, and you would need to talk to a lawyer about it. Good luck, Jason
Hello, My husband fled from America and was granted asylum in Italy. He was given travel documents and he crossed the border in Mexico and surrendered himself to USA patrol and asked for asylum again. I’m well aware you can’t ask for asylum twice. We got married when he was detained. And we are now waiting for his I-130 to be approved. (hopefully) His master hearing is coming up soon. What are the chances that they will send him back to Italy (eventhough his travel documents are expired) Will it be worth it if he ask for appeal until we get word about i-130 and then try to get i-485 approved. or do you think they will just do witholding… Also how does the 10 year bar work? Do you have to ask for volunteer departure before his master hearing? or can we ask for the bar to be waived after the denial?
Thanks!
I meant to say he ran away from Africa and went to Italy.
You need to consult a lawyer about these questions – they are not something I can answer here, as they are complicated and depend on many case specifics that I do not know. One point, though: If he entered the US illegally, he is most likely not eligible to get his green card based on marriage to you unless he first leaves the US, which might cause other problems. Whether he is eligible for asylum, given that he got asylum before in Italy, I do not know, but I would not give up on that idea – it may be possible. But for a case this complicated, he really needs a lawyer. Take care, Jason
People don’t like 2 bites at the apple, Lily.
I was granted of withholding of removal about 13 years ago….I recently suffered a crime and I was advice to apply for U visa, is it any chance to obtain a status adjustment? In order to take all the U visa offers?
I do not know, but maybe. It depends on your specific situation. It is worth the money to consult with a lawyer, as the U visa would be much better for you than Withholding. Take care, Jason
Dear Jason,
I have been placed in removal proceedings on asylum and date TBD. I urgently have to go see my sick wife in another country, no time to apply for AP , I read an article I can do so from outside US. Also can I travel with a renewed NP or just my ID? What are the implications on these steps pls?
Hello,
I have a situation here that needs some advise.
1. I went to United States in 2000 on a B1-B2 (visit Visa)
2. I stayed in the United States for about 5 months. I spoke to many lawyers but their fee was very high.
3. I went to Canada and applied for asylum.
4. My family (sisters and cousins) came to the United States in 2001 and applied for asylum and they were approved.
5. I left Canada in October 2002 and came to United States to join my family. I was given 30 days notice to leave the US by INS special agent at the border.
6. I applied for asylum. My asylum was denied but was granted withholding of deportation.
7. My mother came to United States and applied for asylum. Her asylum was approved and she is now a citizen.
8. I am still unmarried and my mother sponsored me when she was a permanent resident.
9. I received approved I130 and waited to hear from NVC.
10. Received a letter from NVC to apply for IV Immigrant Visa. My case was sent to embassy in my country.
11. I left the United States and applied for IV immigrant visa.
12. I went for interview. My application is denied. They have asked for (a) ‘withholding of deportation’ decision from immigration judge
(b) ‘work authorization.’
13. According to consulate I am ineligible to receive a visa under section 212.
14. The consulate officer told me that they will check with USCIS/DHS if I am banned to receive the visa.
My question is; am I eligible or ineligible to receive a visa and how can I find out before I send documents to US Consul officer and if I am barred to enter, how can I apply for a waiver?
Kindly help!
I cannot tell from the information you provided. If you have a criminal or immigration bar, which caused you to get withholding, that could be blocked you from returning. Depending on the reason, the legal bar to returning could be 5 years, 10 years, or a lifetime. A case like this is complicated and you really need to speak with a lawyer to get advice on the specific situation. Take care, Jason
Hello, I was in a withholding status for 15 years and left the US in 2013 to get married and now I am settled in UAE. I want to visit my family now with my husband and son. Do you know if I can apply for a tourist visa and will it be granted? I do not wish to go back and live there just to visit my family…
You probably have a legal bar to re-entering the US. However, there are waivers available. If you want to come here on a B visa (tourist), you can probably apply for the INA 212(d)(3) waiver. Typically, you would want to talk to a lawyer about this, as it is often difficult to get a waiver, and the process is not very fast. Take care,Jason
Thank you Jason,
I filed the petition in 2012 and it was approved same year. I do not if it helps.
Hello Jason,
My husband came without inspection in 1989 and was granted withholding in 2009. We married and we filed I130, it was approved. Now the case is in the NVC. There is any way he can adjust status here in the United States?
Thank you and have a great day.
Maybe – if he is eligible for INA 245(i). Basically, it means a family member or employer filed an immigration petition for him (or maybe his parent) or a labor certification for him prior to April 30, 2001. There are other requirements as well, so you should talk to a lawyer about this. And especially talk to a lawyer if he plans to leave the US, get the green card, and come back, as he may or may not be eligible for this. Take care, Jason
Hi Jason, thank you for your post. There is not much information online about Withholding, and it really is a nightmare. My parents brought my sisters and I to the US when I was 7. We legally entered the country, but through bad advice from a bad lawyer, my parents didn’t apply for asylum in time, and eventually we were granted withholding. I am 19 now, not eligible for FAFSA for college, not able to study abroad in Europe like I have wished for, and no clear idea if even through marriage I could ever truly become a citizen/permanent resident. I used to be too young to even understand what was going, and now that I do, I’ve realized how awful and restrictive to a person this status is. Something that you also mentioned is that I wouldn’t be eligible for in-state tuition; I was not aware of that, and that could really hinder my plans to attend a state university. Heck, I don’t even know if I qualify for some private scholarships because technically I can’t report my finances through FAFSA. I heard a rumor that for education purposes, it would be possible to study abroad in Germany for a year, but would that potentially be used against me as a “third country” to get deported to if by any miracle I can obtain permission to leave and come back. Really crossing my fingers for an immigration reform some day. Thank you for writing this article, and for reading this comment.
I think you may qualify for in-state tuition in some places – you should ask the schools. I do not think you can study in Germany, and I certainly think that before you go, you should talk to a lawyer. You may be able to get your status through marriage one day, or maybe through a job (but that likely would require you to level the US first and then re-enter). Unfortunately, Withholding is not a great status (technically, you are deported). One option may be to explore whether you can reopen your case and apply for asylum – given that you qualify for Withholding, you might qualify for asylum, and maybe the case can be reopened based on (1) the fact that you were under 18 at the time (though now you are 19, so that may be a problem) and (2) that your lawyer made a mistake. It may be tricky, but might be worth looking into. Good luck, Jason
Thank you for your response Jason. I actually ended up asking my mom again about the circumstances of the lawyer’s advice, and it turns out that that argument was presented to an immigration however many years ago to no avail. I might have to look more into how being 19 now may be a problem, as I was not aware that if I were to reopen my case, I would need to have done it before turning 19. Darn, I was really hoping that at least with a refugee travel document, I would be able to study abroad. I don’t remember from where I got this particular information, but I had been under the impression that for job, study, or humanitarian reasons I could apply for a way to leave and come back. Thank you again for your advise!
Sorry – I know of no way a person with Withholding can leave the US and re-enter. Perhaps though you want to look into reopening your case or maybe applying for asylum independently. This would have been better before you turned 18, but it might be worth looking out now, just in case there is an option for you. Good luck, Jason
Hey Jason my question is I got approved withholding of removel in 2006 . But in 2013 I got married with a us citizen send I have a 1 year son can I adjust my status ( green card ) with marriage base ???? And I came USA in 2003 with c1d visa ???
I think the C visa blocks you from adjusting status, and the only way to do this is to reopen your case, then close the case without a removal order, leave the US, and re-enter with a visa. This is complicated, and depending on your circumstances, might be impossible. Also, potentially, you could have a case for Cancellation of Removal. You should talk to a lawyer to go over your options. Good luck, Jason
Thanks Jason but my concern is I can’t go back my country there is still have life threatening problem ???? Thanks for your reply
Potentially, you could leave and go to a third country and then return to the US. But you need to talk to a lawyer, as it sounds like you have a complicated situation. Good luck, Jason
My husband was granted withholding of removal to El Salvador. But since he has a felony he’s been told that he still has to wait 1 to 3 weeks in order to see if any other country would take him in. He’s been held for 5 months now. Can that really happen him to be sent to another country?..I’m a is citizen were married and have a baby. Can any of this help him???
Hi Jason..my husband was granted withholding of removal. But since he has a felony he’s been told that he has to be detained from 1 to 3 weeks to wait and see if any other country is willing to take him in. He’s been in ice costudy for 5 months. Can he really be deported to any other country?..I’m a us citizen and we have a baby together. Does any of this help him not get sent to another country?..
It is very unusual to be deported to a third country – unless he has some connection with that country, I do not see why they would take him. Generally, the US government cannot hold someone more than 6 months – there is a case from the Supreme Court about this called Zadvydes v. Davis. Yopu might want to talk to a lawyer to help with this. Take care, Jason
Thanks for the reply Jason. So I’m guessing that they’re only waiting to keep him there the 6 months then. Cause he’s been there a little over 5 months. So if he was granted withholding of removal to his country he can’t be held more than 6 months?..
He can be held more than 6 months (and indefinitely) if the government thinks he is a danger to the community. He could also be held longer if the government is making progress towards deporting him to a third country. I suppose you can wait another month or two and see what happens. If he is not out, you would probably want to hire a lawyer to look at the case. Take care, Jason
Ok…so what does it mean that he can’t be detained for more than 6 months?..I don’t understand.
If he is a danger to the community, he CAN be detained for more than 6 months. He can be detained forever. If he is not a danger to the community, he should be released. Take care, Jason
Lauri,
Jason gave you a great answer. Stop being cheap. Spend a few bucks and talk to a lawyer.
Sir, no offense but you are a fucking douche bag. You completely mislead your readers and should go to your bar and turn in your license. You are clueless.
il@gmail.com
I guess. Thanks for the comment.
You really are a nice guy. So, I’m sorry. You are not a douche.
Glad to hear it…
I was asking Jason not you. So you can keep your comments to your self. Have a great day!
Well he answered your question.
Who are You to tell me what do ??..I don’t even know what you’re doing getting in my comments. I haven’t referred to you at all. If I wanted an answer from you, I would have asked.
I think you just showed your true face. Mean and cheap.
first of all you don’t know me to be calling me mean and cheap. But then again you can say whatever you want. I truly don’t care what you say and think about me. So go ahead a keep on saying whatever floats your boat. Lol. ?
I think you do care.
Hi sir Jason I got grand it my case by court few years ago withholding. As I know I can’t apply any green card or citizens but is there anything in we can apply it become green card holder? And we can just travel in usa anywhere no problem? Like Hawaii? With new York ID?
You can travel anywhere in the US, but certain places (like the Virgin Islands or Guam) could be a problem. Check with a lawyer before you go if you are not sure. Also, it may be possible to get a green card – usually this works by marrying a US citizen and re-opening your case, but not everyone is eligible to do that. You need to talk to a lawyer about your specific situation. Take care, Jason
You can also pop out a few kids here in the US and once they turn 21 they can get you the green card.
In some cases, this is true; in other cases it is not true – you would need to talk to a lawyer to know for sure. Take care, Jason
I suppose it wouldn’t work out as smoothly if you came here EWI or you used a fake name on your visa…although there are some remedies.
Dear Jason,
need your help. I was granted withholding of removal few years back. I am married to a US citizen and have an approved I-130 in hand. What are next steps to reopen my case with immigration court to adjust my status and get a green card? How long does this process take? Thank you for your answer in advance.
You are far better off hiring a lawyer for this. For one thing, if you entered the US without a visa, you are probably not eligible to get your green card without leaving the US (though there is an exception to the rule). Otherwise, assuming there are no other bars, you have to reopen the court case, then terminate the court case so that you do not have a removal order, and then adjust status to LPR. It is not so easy without a lawyer, and there may be problems that I am not aware of in your case. Good luck, Jason
Thank you for your reply, Jason. I entered USA legally with visa, so no issue there. I will start interviewing lawyers to help me with this. Any idea how long the process might take? Would the court (judge) adjust my status to LPR or back to USCIS after the case is terminated? What are the chances for success? Thank you again!
Judges generally terminate cases these days and do not adjust you to LPR (USCIS will do that), though I suppose different Judge’s do different things. As for timing, there is no way to know that. Good luck, Jason
I really appreciate your response, thank you again!
Not my business but an immigration lawyer(Jason) has been so kind and offering you free consultations.The least you could do is to hire him as a way of saying “thank you” instead, you are informing him of your intention to interview lawyers.That’s so insensitive and you’d probably end up with an apprentice immigration lawyer. And Jason, you still replied to that insensitive statement.Never seen anyone like you.
Meh – I am not really looking for more work these days. Mostly, I just want a vacation. Take care, Jason
Never ever imagined you do this to get work. I just think you are too nice and people can be quite insensitive. People come here to verify what their lawyers said and you still offer your help. If you would not trust your lawyer, why hire him or her?
Well, maybe I just pick up fights that are not mine and get very compassionate, and sometimes “unnecessarily”. My nature..
I hope you will not refuse my job. I did my application myself because I could not afford a lawyer.
I have applied for EAD and if I ever need a lawyer after my interview, then I maybe able to afford your fees.
Meanwhile, I was of the opinion that your free services here should mainly be for people who are financially handicapped and not people who come in here to verify information from their lawyers or have the financial capability to line up lawyers and interview them to get the best.If you ever need a “defending PR person”I will work for you, FREE. Hahaha.
GOD bless you, Jason.
Thanks – I will let you know. Good luck with the case, Jason
Muchas gracias X valiosa información que DIOS lo bendiga, yo estoy en esa situación y también me fruto quisiera comprar mi casita, pero me pongo a pensar que si algún día me sacan de aquí donde quedaría mi esfuerzo gracias nuevamente DIOS le bendiga
Dear Jason,
I’m waiting for a U Visa since Dec. 2013. Unfortunately I got into an accident Dec. 2014, I was driving and hit something on the road, lost control and crashed on the bushes and lost my 6 years old daughter. We went to Mexico to bury her. Waited almost a year to obtain a permission to reenter the country. On Jan. 2016 when I was entering the USA I was detained by ICE due to an open warrant for the accident – case still pending. I just got out of jail. Do you think my U Visa is still valid? Do I qualify to renew my work authorization? Since my entry to USA was legal do I get my passport back?
I am very sorry for your loss. Unfortunately, I do not know much about U visas, so I can not assist. You might try a non-profit for help. One I know that is good (in Virginia) is called Tahireh Justice Center. If you are not in Virginia, maybe they can refer you to another non-profit that can help. Take care, Jason
Jason,
I would like to ask you advice. First let me tell you about the situation with my wife and I. She entered the country illegally(EWI) in 2008 from China and was given withholding status in Nov. 2010. We met in 2008 and have been married since April 2011. We also have a 4 1/2 year old son together. I am a U.S citizen and so are both my parents. We are also of Chinese decent. Before the time of her asylum hearing, I was suggesting to her that she should close her case and allow me to petition her but she was against it at the time because her lawyer had manipulated the situation. The lawyer knew she was ignorant to immigration laws and took advantage of this by telling her that she could no longer close the case. She was adamant in following the lawyer’s advice do she continued and the asylum hearing turned out to be a nightmare. Her lawyer was ill prepared for the case. It was also the first day back for government workers from thanksgiving break and her lawyer seemed to be out of it. Let me also add that the the lawyers office was in Chinatown NY and that the people in that office were more so legal advisors. The actual lawyer was someone that they work with. These “advisors” would coach up the clients on how to perform in court and so on. Based on the ineptitude of my wife’s lawyer, our Immigration judge was quite lenient. She had given a stern warning to my wife that if she was to appeal the decision, it probably would not go in her favor. Add to that my wife’s witness was late to the hearing by 1 1/2 hours, needless to say that the IJ was not impressed. After the judgement was given, her lawyer had strongly advised her to appeal. That’s when I stepped in and told my wife my she must accept the decision of with holding and to stop following the advise of her lawyer and advisors. For them, it was all about getting the maximum financial payout from us. So after about 2 months of consideration, my wife officially accepted the withholding decision. Forward to today. We have filed an I-130 and it has been approved. It was actually filed in May 2013 and and approved on May 2014. We now need to locate the consulate to where the approved I-130 was sent to. After that, we will file a motion to reopen with court. My question is do we file using I-290B even though it is past the deadline of 30 days? If so, is this motion to reopen filed with the IJ or another department of USCIS? I’m just a little confused about this part. Please advise.
Thank you- Kevin W
You need to find a competent lawyer to help with this. You do not use a form I-290B with the court; instead, you file a Motion to Reopen, and generally you would want to seek the agreement of the government attorney before you file. In this case, it seems to me that the Motion is based on changed circumstances: the approved I-130. The problem is, even if the case is reopened, your wife cannot get the green card because she entered the US illegally. One option for her is to reopen the case, have the Judge issue an order of Voluntary Departure, she leaves the US and then returns with a green card. To do this, she needs to first get a “provisional waiver,” which may or may not be very easy (and it may even be impossible), depending on your circumstances. Also, this waiver is dependent on the current administration (President Obama) and it could be eliminated in a future administration. In other words, there may be a path for her to get a green card based on the marriage, but it is complicated and you need a decent lawyer to help you. Good luck, Jason
Thank you for your response Jason. It was very helpful.
Kevin,
I think your wife knew exactly what she was doing. Please don’t blame the immigration lawyer or his immigration consultants. You need to blame yourself sir.
I didn’t ask for your opinion so if could mind your business. If you are one of these consultants then you are a snake as well. Have a nice day.
Simply put, your wife fabricated an asylum claim, one child policy I assume, and now you want to blame someone else. You are a model citizen.
You can “assume” all you want but the fact is you are wrong. I will “assume” that you are one of these so called consultants and not a licensed practitioner of law. Why else would you take MY situation so personally? Truth of the matter is low-life, not formally educated people like you take advantage of clients who wouldn’t know any better. These people have no choice but to turn to people like you because they have limited knowledge of their rights and the law. Even If you are not one of these people, you are an ignorant individual with so much hate built inside of you. How do I know? Your ignorant response speaks for itself. Don’t try to comprehend something you know nothing about and do not “assume” that you are correct. You go by “Immigration Lawyer”, I highly doubt you are. Now go help your clients fabricate more storys so you can get paid off. You should not take offense to what I’ve stated, you know as well as I do it’s people like you that give good immigration lawyers with integrity a terrible name.
Snap!
Struck a nerve Kevin? You seem very bitter.
HI
MY work permit expired last feb 15 2016 and i already applied for renewal 90 days before expiration date . march 5 2016 l file asylum withdrawal b/cs of some reason. do you think they might renew my work permit ? tks
I would not be surprised if they do, since the work permit people may not be aware that the asylum case is canceled. However, I believe that the work permit is invalid once your asylum is withdrawn. You will still have the card though, but maybe if an employer checks with USCIS, they will see that the card is not valid (I don’t do much with employers, so I am not sure about this, but I wanted to at least flag the issue so you can learn more about it if necessary). Take care, Jason
Tks Jason
Hey Jason,
I read your article–I wholeheartedly agree. I’ve been under Withholding of Removal for about 16+ years of my life now. I was born in another country, moved here at around 2 years of age, and began school here from elementary, and now university. I’ve only recently found out from my parents as I can only imagine how hard it was for them to tell me; they’ve evaded any conversation having to deal with “green cards” or “becoming a U.S. citizen.” I’m the youngest in my family, but was not born here, so I have no chance of sponsoring the rest of my family. For my siblings and I, marriage is a distant option.
The story essentially begins with some bad advice, and a lawyer who didn’t see us fit for asylum. I’m somewhat ignorant about what’s going on, considering the fact as I have only recently learned about this, but I heard re-opening the case risks deportation and having a sponsor from a corporation/organization for citizenship is a very slim chance. You, along with other sources from the internet state that the greencard lottery only applies for those under asylum? I’m pretty clueless right now…my family and I have considered a lot of options but the only thing that seems possible is marriage, something that is far away from me right now. I know this is an oddly specific case, but like you said, I’m living here, but I’m not quite living. I was hoping maybe my 15+ years here will do anything for some sort of eligibility for citizenship..? I’m in dire need of assistance. Any suggestions will help.
Thanks,
James
Unfortunately, I do not have any great ideas for you. Potentially, you could be sponsored by a parent, if they have status here. Maybe also a company or even the green card lottery, but those may require you to leave the US. Before you did that, you would have to reopen your court case to erase the deportation order (people with Withholding have technically been deported), all of which is complicated. I suggest you consult with a good lawyer to go over your options, then at least you will have an idea about what you might do going forward. Good luck, Jason
Hi Jason ,
If somebody in withholding of removal Win the lottery (Dv)
Is possible to get the green card ?
It’s more than 10 years I’m in withholding removal what’s the best way to get the green card ?
Probably not. Typically, the only way to go from Withholding to a green card is by being sponsored by (1) a US citizen spouse; (2) a US citizen child over 21; or (3) if you are under 21, being sponsored by your US citizen parent. There may be a few other ways, here and there, and just maybe the DV lottery would work in some cases, but you would need to talk to a lawyer about your specific situation in order to be sure. Take care, Jason
Hello Dear Jason,
Thank you for all information and understanding the situation of people in withholding status .I have been on withholding from removal for about 4 years because I applied after one year .I have been here since 2008, Can i apply for H1 Visa ?
If you are eligible, but it will probably require you to leave the US at some point, and before you do that, you would need to reopen your court case and get Voluntary Departure. Even then, it may not work – depending on many factors. You definitely need a good lawyer to guide you through all that. Good luck, Jason
Hi Jason,
I have an after thought, my daughter came to join me as a visitor when she was 3 years old and we applied for asylum and were granted withholding. Can she change her status to DACA. Is DACA better than withholding. I’m worried because she’s graduating high school in 2018. My worry is that she will be depending on EAD and am wondering if she will be eligible for FAFSA under withholding or under DACA.
Thank you Jason
I do not know about FAFSA. I think if she has DACA, she also has withholding – she did not lose that status, I don’t think. Which is better for her, I do not know. When it comes time to attend college, one may be better than the other, but you would have to research that and talk to the different colleges. Take care, Jason
Hi Jason,
I have been on withholding from removal for about 11 years because I applied after one year due to technicality that I had a baby by c-section that took time for me to heal. The IJ gave me withholding thinking that as an M.B.A. holder I had chances of getting sponsorship by employer which has been invain.I’m wondering whether if I get a PD it would make any difference in my legal status.
I’m currently on disability due to complications with biopolar mainly massive depression. My legal status is one of one of my major stressors. Based on my documented health situation, is there anyway of changing my legal status.Since 2009, I have been hospitalized four times with massive depression such that the last time they had to do a brain stimulation procedure. After that I was assigned a case management services who applied for disability for me which was backdated to 2010. Currently I’m on subsidized housing through mental health resources. I am still under case management
With all the background that I have provided, is there anyway that my legal status can be changed.
Thank you so much.
Lydia
I do not see how this will help you change from withholding to some other status. If your child is a US citizen and turns 21, he or she can sponsor you and you can reopen your case and get your green card (assuming nothing else blocks you from the green card). Also, you can do this if you are married to a US citizen. You may want to consult a lawyer to review your case to see whether there are any other ideas for you, but based on what you wrote, those are my ideas. Good luck, Jason
Thank you so much Jason
Lydia
dear Jason
how it goes with you client of this article. hope you win the case … please let us know the new news on it… thanks , take care.
Still waiting for a decision, and waiting….
Hi Jason!
First of all I wanted to thank you for all this help to people, it really means a lot.. thanks again
I’ve been granted withholding of removal in September 2011. Currently working for Federal company which allow to hire non-citizens. When I renew my EAD every year sometimes it get delayed by couple of weeks, so I’m always scared of losing my job because employer require me to file I-9 form (but sometimes employer couple month behind on paperwork that is how I got away last time my EAD got delayed). So my question is: in case of situation when my EAD already past 90 days in processing and employer require evidence for I-9 what can I do to avoid termination (InfoPass is absolute waste of time so is 1800 number)? And another question: based on your experience how long do usually people hold their Withholding status?
Thank you for your time
Alex
Withholding status is indefinite, so you can keep it for the rest of your life. As for the EAD, there is not much you can do. USCIS is aware of the delays and I think they are trying to improve the situation, but for now, there is not much to tell you. I agree that infopass and the 1-800 number are pretty useless. Most people get the new EAD in about 4 months so hopefully you will too. I do recommend that you apply for the renewal 120 days before the old card expires (this is the earliest you are allowed to apply). Otherwise, just hope for the best and hope that the employer always stays a bit behind on the paperwork. Good luck, Jason
Jason,
Thank you for the answer, but I got another question: in article above you mentioned that ice call people to office and force them to apply for legal entry to another country, I came here by direct fly and never was abroad before coming to US. Can they do it to me? How do they choose “victims” and what the procedure?
Sincerely
Alex
It does not happen to everyone, but it happens often enough that it was worth mentioning. I do not know how they choose their victims (good word for it) – as far as I can tell, it is random. They can do it to anyone, whether you came here directly from your country or not is not relevant. It does happen in a minority of cases, so hopefully you will not experience this. Take care, Jason
Hi Jason,
What is or are the differences between PD and Withholding for Removal? Why the Gov’t Attorney or Judge offer PD to an asylum applicant? Are they offering to all applicants or..? Are they offering PD just because they don’t have a strong case against the applicant? Why the Judge looks at the refusal of taking PD as a negative factor in deciding to grant the asylum? What would be the strongest argument against the PD to convince the Judge it is not a negative factor when not agreeing to take PD? Thanks.
Having the case administratively closed based on PD (prosecutorial discretion) is very similar to Withholding in that you can remain here with a work permit, but you cannot travel outside the US or get a green card. PD is offered for many reasons, but mostly (I think) it is a tool to remove non-priority cases from the court’s docket so they can focus on deporting people who they think need to be removed from the US. I would use the same arguments about Withholding if I was trying to explain to a Judge why PD is not good for my client. Take care, Jason
Thanks for the reply. Have you ever won a PD case? I mean have you been able ever to convince the Gov’t to withdraw a PD offer and hear the case and at the end actually win the case?
I haven’t done many PD cases – most of my clients don’t want it. So I don’t recall having a PD case re-calendared and then terminated with a grant of relief. I have done that for people with Withholding of Removal, though, and it certainly should be possible. Take care, Jason
Hi Mr. Jason
I have a question/concern if you can please clarify for me . I will appreciate it. I have recently applied for refugee travel document.i am planning two go out side Usa for 3 to 4 weeks . My friends are telling me that going out before you get your green card will create problems for me . Is it true ? Second will I be using a refugee travel document with a green card or I can us my national passport. My asylum case is base on a threat from insurgents not from my government. Can I use my password with my green card ? I will appreciate if you can give me some information about this .
Thanks again
As long as you do not go to your home country, travel while in asylum status using the refugee travel document should not be a problem. It is also better to use the refugee travel document while you have a green card. Probably, you can travel on your passport without a problem, but you never know – it is simply safer for your (in terms of your US immigration status) to travel on the refugee travel document. Take care, Jason
Dear Jason
Me and my wife applied for asylum in January 2015 , the case is in my name , in May my wife gave birth of our child , we are still waiting for our interview till now , the problem is my father in-law is very ill and his condition is rapidly deteriorated and my wife in a depression because she afraid that she will lose her father before she can see him again , right now we are thinking of getting an advance parole for her only , so she can visit him in a third country where he reside in a hospital , is this process will harm our asylum application? and is there a chance that she cant enter the US after her travel ? .. she will take our son with her and he have a US passport ..
your advice will be appreciated .
thanks
Advance Parole can be difficult to get, so give them evidence that he is sick (a letter from the hospital). If you/she gets AP, you should be able to travel to see the father-in-law and then return to the US. It might also be worthwhile to consult a lawyer before you go, to make sure there are no problems with you returning, but generally, a person can get AP, travel and then return. Take care, Jason
Thank you Jason, I totally agree on what has been written above..
I am a bit confused here,
I read earlier article on this website, saying if If the Asylum Office intends to deny a case, they refer it to the Immigration Court.. So the asylum applicant will deal with the court from now on
Now I am reading that the Asylum applicant can be offered a settlement as “Withholding of Removal”..
I really appreciate if you can briefly list the flow chart, if the Asylum office intends NOT to grant an Asylum, what is the options for next step?
One more question, you said some of your clients have rejected the settlement of “Withholding of removal”, so what is going to happen in this case? Does the Asylum applicant has the right to refuse “Witholding of Removal” settlement? if yes, how does the Asylum office react in this case? what is next?
Withholding of Removal is only available in court; the Asylum Office cannot give that. The clients rejected it because it is not very good, and now the Judge will need to decide whether or not to grant asylum. Most judges do not like when a client rejects an offer of Withholding because they think it means the client just wants to live in the US and they are not really fearful of returning to their country, so potentially rejecting the offer will prejudice the Judge. We do not yet have a decision, and so we are hoping for the best. Take care, Jason
Dear jason
My father applied for family base green card from his citizen father on 2003 at that time i was 15 years old , now i am over 21 but not married we sent all documents to USCIS and they asked for ,form I-485 and we are waiting for interview , just wanted to know that can i still get visa or no since im over 21 years old . Thanks
Sorry – we can only assist with asylum questions on this blog. Take care, Jason
Hi Jason. Thanks for the topic.
Noticed some people talking about “shortlist”. What is the “shortlist”? How can I add my self to the asylum office shortlist? Is there a form to fill or just call USCIS?
Not all asylum offices have short lists. On the right is a link to Asylum Office Locator. You can use that to find the email for your local office, and you can ask whether they have a short list and how you apply. Take care, Jason
Thanks Jason. Wish you happy holidays and merry Christmas.
Hi Jason,
I am currently in the usa on a J1 visa ,valid for 12 months until next year December.I have faced persecution in my home country and I am planning to file for asylum. Is it best to file for asylum now or since im already living and working legally should I wait towards ends of my J1visa ? If I were to apply for asylum while I still have work authorization with the j1 visa would it affect the EAD that I would get after 150 days after filing for asylum.
I am subject to the two year home residency requirement would the asylum automatically
overcome this or would I still have to file a J1 waiver.
My partner is still in my home country but was denied a us visa ,would visiting him in a third country before formally filing for asylum outside my home country and the usa harm my asylum application .If he were to go to the us Mexico border and apply for asylum what would be the process?
You can file any time, but it is best to file within one year of arrival and if you want more than one year, you must file while you are still in status; if not, your case can be denied for late filing. After you file, you can apply for the EAD after 150 days. If you win asylum, it should overcome the one-year bar. We have done that for many clients and they have gone on to get the green card with no problems. You can visit your partner in a third country; this could affect your asylum case, but that is something you need specific advice about from a lawyer, as I do not know anything about your case. Finally, it is possible to seek asylum at the US/Mexico border, but you should consult with a lawyer before he does that, as it could result in long-term detention among other problems. Take care, Jason
Hi Jason, thanks to your blog it helped me a lot, I want to ask once interviewed how long will it take to get you decision? Mine was a mail out because of the holidays no other reason. So what is the shorter date to get your decision in a mail? I expedited the interview for a serious reason and its hard to wait for the decision too, and I believe there is no other way to get a quicker decision after interview, I will go check in person for the status, but if there is another thing that I can do besides this please let me know.
Thank you so much, and if its going to be good news lots of the credits goes to you Jason Dzubow!
There is not much you can do – you can contact them and explain why you need an expedited decision – maybe that will help, but part of the decision (the security check) is beyond their control, and if that is slow, your case will be slow. We see all sorts of waiting times – anywhere from a few days to over 2 years (and counting). Most cases are decided in under a year, but it is completely unpredictable (though Muslim countries tend to be slower). Good luck, Jaon
So I went there today in person with my mail out notice, but after I submitted my inquiry the lady told me that it’s showing her on the record that I was suppose to pick it up in person tomorrow, it’s my 4th week since the interview, I told her officer gave me a mail out notice, after that she told me I have to wait in the mail and she doesn’t know when should I receive it not she told me the decision.
Does this ever happen? And what should I do?
It happens all the time – Of my cases where the officer says there will be a decision in 2 weeks or for pick up, I’d say at least 2/3 become mail outs. Take care, Jason
Dear Jason thanks for everything
I have this problem with the works id
It’s have been almost 1 year I haven’t get anything
Because I changed my address To a deferent city and got the case transferred
And they told me that I didn’t finish the 180 days
But now that I did it has been I think 3 months after the 180 days
I don’t know what to do
And one last thing am seeking asylum
If i want to close my case and apply apply for TPS will that be a problem
Thanks so much I really appreciate everything God bless
If you are eligible, you can apply for TPS – you do not need to close your asylum case. As for the work permit, USCIS has (supposedly) changed its policy. You should contact them and explain the problem, and hopefully, they will re-start the clock so you can get the work permit. To contact the local office, you can follow the link at right “Asylum Office Locator”. Take care, Jason
Hello Jason,
How are you? i have filled for my wife the I-730 Petition and have received a Notice from the USCIS that my case has been received and they are working on it. My question is that how long will it take them to do all the needfull and what is the procedure? as my Wife is in Pakistan and she has not received anything regarding the Case.
please kindly assist with the above matter.
Thanks.
Peterson
First USCIS will process the I-730. Once it is approved (anywhere from 3 weeks to 6 months), they will send it to the US consulate in Pakistan and they will then process the case and give her a visa (usually this is another 2-4 months). Take care, Jason
I have received a notice from USCIS referring my case to immigration judge they said it is not denial but your case did not meet all the refugees criteria. My question how quick we get appointment ,and is it positive thing? How we get appointment? Thank you in advance
FYI they refer us to Kansas city do you have any idea when will appear before the IJ?
Sorry – I have no idea about the scheduled there.
The USCIS/Chicago office mentioned in their referral notice ( your asylum application has been referred to an immigration judge for adjudication in removal proceedings before the US Department of justice, executive office for immigration review).
then they write this is not a DENIL of your asylum application.
They do not call it a denial, but they have denied your asylum application and referred you to a judge, where you can try again. This is not a good thing. Each court is different, and so I do not know how long it will take to get to the judge. We see cases that take anywhere from 6 months to 5 years to reach a conclusions. Good luck, Jason
thank you for your prompt reply.
may I know why they don’t call it denial?
I don’t know – I suppose because it is not a final denial and you can try again with the Judge. But as far as I am concerned, it is a denial. Hopefully, you will have better results with the Judge. Take care, Jason
I checked the denial rate in KC immigration court it is high up to 70%. so I don’t think will win.
It really depends on the case. Also, denial rates are affected by how many people are represented by attorneys, so the denial rate itself is not a huge help in predicting the outcome of an individual case. Good luck, Jason
greeting Jason, I got my master hearing dates is going to be in January, we could not be able to find an attorney who will represents us.
If we go by our self what do we need to do? take our case and restate what happened and update the judge if anything had occurred after the interview? Do we need to rewrite our case and give it to the judge?
Probably the Judge will encourage you to find a lawyer and give you more time (but it depends on the judge). There are too many possibilities to explain to you here. It is better to have a lawyer, so I encourage you to keep looking for someone. There is a link at the right called “Immigration Court”. If you follow that to your court, you can find a list of charities and law school clinics that might help you for free. When you go to court, the Judge will probably give you this list as well. Take care, Jason
hi jason hope all is well i truly appreciate the effort you have done for us i have 2 questions
1..i applied for asylum in January in California and i moved to Boston because i could get jobs in Boston so when i moved to Boston i met my high school girlfriend and w fall in love again and she is a citizen and want us to get married will wont my asylum be an obstacle? because i am bi sexual and my girlfriend has really been there for me and i fall in love with her again and i want to marry her. wont it affect our marriage because i seeker asylum as a bi sexual.
and how long can it take for me to apply for the green card and what is the procedure.
thank you soo much sir stay blessed
That’s such a sweet story about getting back with your high school sweetheart, I couldn’t resist posting although I’m not Jason. Good luck with the girl.
Your asylum application as a bisexual would not prevent you from marrying her. If you have said that you were gay and later marry a female, then may be that would be considered fraudulent should ICE ever notice that.
Getting your green card through marriage is a much better route than trying to do it through the political asylum, so you should pursue that path. Immigration Equality also recommends that LGBT asylum seekers use the marriage option if available.
Getting your green card through marriage would take about 6-9 months. And of course, getting your citizenship through marriage takes only 3 years after getting the green card instead of the typical 5. Immigration attorneys advise their clients to naturalize as soon as possible in most cases.
I’m not a lawyer, and the above is not legal advice. This interaction does not create a lawyer-client relationship.
As long as you entered the US with a visa and are otherwise eligible for the green card, I think you can get your green card based on the marriage. If you applied for asylum based on sexual orientation, you may need to explain why you are now married to a woman, but I doubt that will be a problem. You’d probably be safer with a lawyer to help you, and to guide you through the green card process, but you can also do it on your own. You can start by looking at the forms I-130 and I-485 on http://www.uscis.gov. Take care, Jason
I agree that W/H and/or CAT relief is a very bad option for those with dependents back home, my clients have had to turn it down more than once. Also, though technically it could happen, the chances of someone with W/H or CAT relief being deported to a 3rd country are slim to none. Many who get W/H are ineligible for asylum for a variety of reasons, including criminal convictions, which would preclude them from being granted permanent residency in a 3rd country anyway. Those ineligible for late filing reasons have the opportunity to show why an exception should be made, and I am happy to have overcome the late filing issue a number of times, as have you I’m sure. People need to remember that asylum is not just another means of resettling to start a new life, though too many try to use it that way. There are long lines for that back in the home country with people waiting patiently, sometimes for decades as you know so well. I always emphasize that the relief accorded through the I589 app is extraordinary relief that puts that person ahead of others who have been waiting outside the U.S., because the applicant demonstrates particularized past persecution or fear of future persecution, thus triggering U.S. obligations under international treaties and statutes saying we will not send them back to that fate. It’s not ideal, but it beats the heck out of being back in Crapistan, IF
in fact the applicant truly fears for their life and/or safety on a protected ground, per their sworn I589. The right to live and work legally in the U.S. is a tremendous privilege, not a consolation prize. Again, the situation for those with spouses/kids left behind is entirely different, and I completely agree that is a tremendous hardship.
Yes, I can see that withholding is better than deportation. Something is better than nothing indeed.
But I disagree with the asylum seekers getting ahead of other immigrants “waiting in line.” This story about waiting in line in your country till your rightful turn comes is an anti-immigration Republican rhetoric. Certain politicians use it to pit immigrants against other immigrants, such as asylum seekers and undocumented immigrants against those waiting for their family-based or employment-based visas.
“Waiting in line” is misleading because for most immigrants, there simply is no line wait on. You can say that there are mainly 4 routes of US immigration, them being family-based, employment-based, humanitarian, and etc. (such as the DV Lottery, NATO veteran visa, S visa, CIA visa, and the like) The current broken system overly favors family immigration. This means unless you’re lucky enough to have some familial tie in the US, only scarce options remain, if at all.
Most immigrants are not extraordinarily skilled (for EB-1 or EB-2 NIW), have half a million dollars to invest (EB-5 TEA), have won the DV Lottery, willing and able to be a snitch for the S visa, or etc.
The only realistic ways to get in line if you don’t have that family tie in the US are EB-2 to EB-4, which you need to have the required jobs or be willing and able to go back to school and start another career in a foreign country.
And some asylum seekers live in the US many years before applying for the asylum because they had another legal status or qualified for the 1-year deadline exceptions. Even after applying for asylum, the wait till USCIS office interview takes 2-4 years, and any ensuing appeals would also take years. This is why I contend that asylum is not a fast way for some immigrants to resettle.
Dale, I’m an experienced practitioner, so please don’t accuse me of stating “anti-immigration Republican rhetoric” or a falsehood. Not cool.
Yes, in fact there is a “line”, and it is a sequential line, because once one’s petition is approved, they have to wait for those with earlier approved petitions to get the allotted visas available to immigrate. There are people ahead of them in the “line” who get to come here first. You’re right that it’s not a zero-sum game…someone who gets asylum or other status here without waiting in the line does not literally take the place of the other person. I used the example to illustrate that it is an extraordinary form of relief which is not available to others who may be just as unhappy in their home countries but instead of crossing illegally they wait in their country for a visa to become available. Those are facts, not rhetoric.
I think like you, I am not that sympathetic for people who get Withholding due to criminal convictions, but for others – even those without family overseas – I think a denial of asylum for technical reasons (one year bar, certain cases of firm resettlement where they are not really firmly resettled) is pretty bad. Not only is it bad for the applicant (as I discuss), but it is bad for us – why would we want to have someone here in the half-status of Withholding? The only valid reasons is that we are deterring people from behavior that we don’t like (such as filing after one year). For me, that is not a good enough reason, and IJs should try to give asylum over Withholding whenever possible. Something tells me that we are mostly in agreement on these points. Anyway, I hope all is well and hopefully I’ll see you at ZAR one of theses days. Take care, Jason
Yes, Jason, I do think that we largely agree. By the way, I have never seen a case in which “firm resettlement” was used as a basis to deny unless the applicant had the equivalent of PR or citizenship in the safe alternative. In those cases, I don’t see why the person would warrant any status in the U.S., but perhaps you’ve had cases where those were not the facts.
My case is different (and strange). Even the TA agreed that the people cannot go back to the third country (my client’s husband was assassinated in the third country by the home country’s government). They had refugee status and the TA argued that Firm Resettlement is like a door – once you pass through, you are ineligible for asylum even if conditions change (like having your husband killed). Legally, the TA is on pretty firm ground, but I still think (if we lose), we have a strong appeal. I suppose it is an interesting case, which is great for the lawyer, but not so great for the applicant…
Thanks Jassin for your valuable efforts.
I asked my lawyer to try to add me to the shortlist but unfortunately, he asked for extra money which I think it is unfair.
I would like to ask you if changing the attorney is possible before even getting the interview? And whether changing him will have any negative impact on the case or it will delay it furthermore.
Thanks
Changing the attorney is possible and it should not cause any delay. However, if your initial contract with the lawyer did not cover adding you to the short list, I do not think it is unreasonable to charge an additional fee. Lawyers get paid for their time, and it takes time to add a person to the short list (not much time, so the lawyer should not charge much). In any case, if you are not comfortable with the lawyer, it is probably a good idea to find someone you trust. Good luck, Jason
Brother, go to the asylum office by yourself and include the supporting documents of why you want to be added to the short list..and thats it.
Its easy
Dear Jason
Thanks again and again for your information you gave it to us ,we’ll I just want to ask again what’s going on with Arlington office?? I applied on December 2014 am still waiting do you think we are going to wait more than 3 to 4 month ?? i was added my name at short list since February 2015
I do not know. They are currently interviewing cases from August 2013, but they have also recently called a number of people from the short list and people who requested that the cases get expedited (we had three such interviews this week). So if you were added to the short list, hopefully you will be called soon. Take care, Jason
Hi Jasson
I would like to ask you if you have any information regarding the shortlist notice for Chicago asylum office whether they offered there or not?
If yes, I would like to know the normal procedure on how to request to put my case for the shortlist notice interview?
Regards
I do not know. You should email them and ask – There is a link at the right called “Asylum Office Locator.” You can follow that and find the email address for the Chicago office. You will also find their operating hours, and so maybe you can go there in person to ask. Take care, Jason
Good evening
We applied for asylum in June 2013, and still waiting for an interview. as i always read here i know there are plenty delays. what do you know about miami office. we enter here with H1B (and H4) status in 2010 before, during and after there were some problems and we had fear of persecution and cant come back. with advise of our lawyer we applied for asylum but now 2 years and a half we are still waiting for an interview, we still have the other status H1B, but what can you advise us about this? can we expect the interview soon ? you think it can be a asylum grated or a withholding?
The asylum office can grant asylum or send your case to the Judge. Only the judge can give Withholding (if he does not give asylum). As for delays, you can check the Asylum Office Scheduling Bulletin – there is a link at the right – and this will tell you which cases are currently being interviewed in Miami. Take care, Jason
True indeed. My heart goes out to fellow asylum seekers on such difficult times.
I wonder whether a person on withholding would be able to eventually get citizenship through employment or family-based immigration. Can a person on withholding get a green card through H-1B or one of the EB1-5 categories? Would not having a passport prevent her from that?
What about waiting till their US citizen child becomes 21 years of age (which is a helluva long time), then trying to adjust status? Would that work?
Getting an H1B or employment based visa would be a problem, as the person has a deport order. I think the only way to do it would be to reopen the case, get voluntary departure, leave, and then re-enter with the new visa (and this assumes that no bars apply). Family based is better. Sometimes, a person marries a US citizen of their USC child turns 21 years old, and then the spouse or child can petition for the person. When the I-130 is approved, you have to reopen the case and then adjust status, and again, not everyone is eligible to do that. In short, it is a real pain the arse, but it might be do-able. Take care, Jason
You again answered my question. Thank you, Jason.
So what happens if an asylum seeker is at the EOIR level or higher and gets denied for both asylum and withholding? Does she get to walk out of the joint (immigration court, BIA, appellate court, etc.) while DHS expects her to “self-deport” or does she get detained and deported?
By the way, what that lawyer from DHS does at the immigration courts as you wrote in your post is despicable. He can talk about the adversarial system, that he’s just doing his job, and whatever, but he deported at least some genuine asylum seekers to their suffering. This is why when a prof at my law school suggested that I do an externship for ICE, I said “next cold day in hell.”
If the person loses his case before the IJ, he gets a piece of paper ordering him deported. He can appeal, but if he loses the appeal, he gets a piece of paper saying he is still ordered deported. Unless he was detained the whole time, nothing else happens initially. Eventually, though, ICE is likely to catch up with him and detain/deport him. And of course, he is not eligible for a work permit of a driver’s license, so life can be difficult. But you are correct that no one arrests you and deports you at the time you receive the court order. Take care, Jason
Hi Jason,
Thanks for your informative post. My asylum case is pending in the Arlington, VA office. I applied in January 2015. My EAD expires in July 2016. Firstly, do you have any idea of what is the status of cases in Arlington and secondly how soon should I apply for my EAD renewal so that my EAD does not expire if my interview is not scheduled in this timeframe. Also I am having trouble with my attorney who filed for me. Would it be possible for me to switch over my case to you now if so can you please let me know how.
Thank you for your response.
You can file to renew an EAD up to 120 days before the current card expires, and you should do that, as the process is delayed. You can track the status of Arlington using the link at the right, Asylum Office Scheduling Bulletin. They are slow, like all the offices. Finally, you can always switch attorneys, and I think if you are not comfortable with your lawyer, you should probably switch. If you wanted to contact me about it, I can talk to you, but it would be better after Christmas, as I am going on vacation soon. Take care, Jason