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.
Hi Jason. I was granted withholding of removal 3 years ago. My question is if can I travel to Puerto Rico? Thank you so much for all your help. I’m active reader of your forum and it’s very useful. Again thanks!!
Puerto Rico should be no problem, though you might want to check with the airline about what documents you need to board the plane. Take care, Jason
Hi Jason,
I just have withholding of removal in 2014. I did ask IJ how could I change my status if I accepted withholding. He mentioned there’s two ways , one is like you said married to a citizen. Other one he said is from work. With this one, do you happen to know how it’s really work? Could I apply reopen case once I have my own business? If not, how could I actually need to do ? Thank you so much for your help.
There may be other ways as well, but marriage or having a US citizen child over 21 are the two main ways to get sponsored. Maybe another relative can sponsor you and you can leave the US and return with the green card. Maybe an existing business can sponsor you and you can leave and return. But before you do any of this, you need to talk to a lawyer about your specific situation, as you may not even be eligible. Also, I doubt that you could change your status based on a business you start, but you would need to talk to a lawyer who does business immigration to get a better idea. Take care, Jason
HI JASON
I’M ON USA FOR 18 YEARS I HAVE 3 KIDS ALL BORN HERE ,I’M APPLY FOR ASYLUM BUT IS DENIED AND SEND MY CASE FOR IMIGRATTION COURT…
WHATS BE HAPPEN NOW….
AND I’M SCARED BECAUSE MY DAUGHTER TURN 21 IN 4 YEARS AND I DON’T KNOW IF SHE CAN APPLY FOR GREEN FOR ME IN THIS SITUATION
THANK YOU JASON
If your daughter is part of your case, she remains in your case even if she turns 21 (it is because of the Child Status Protection Act). In court, you really need to have a lawyer, so you should look for a lawyer – either a paid lawyer or a free (called pro bono) lawyer. Take care, Jason
Hi Jason
I hope all is well,I enter US at 2001 with my wife and 2 kids (3 and 6 yers old) .I have been granted Withholding of removal.All my family members was under my case and all of us have the same status.My olders doughter got meried ad her husbend and he has a green card .Can you please give me instruction what she has to do to get hers green card .Her husbend may be elegitable to become Citizen after 2 yers ,do she shuld wait untill he got his citizenship or she should do somthing now .
we also have one child that he is born in US ,after his 18th birthday can we apply for something thru him since he is born in US.
Thanks in advance
Assuming you all are eligible, the married daughter can get her green card once her husband is a citizen and you and your wife can get your status once your child is 21. You do this by reopening your immigration court cases and getting the green card based on the family relationship. You daughter can probably start the process once she is married, even if the husband does not yet have his citizenship (though she cannot complete the process until he is a citizen). You and your wife must wait until the child is 21. However, I do not know whether you are eligible to do this. You will need to talk to a lawyer about the specifics of your case. Good luck, Jason
Hi jason!! I have a 2 of removal.my wife is citizen .she just filed for me to get my green card.my withholding is closed.after filing my i485 my lawyer telling me I have to file a waiver i601 before the interview. Is that true?
Maybe, but I do not know enough about your case to answer the question. You should ask your lawyer to explain why you need the waiver. Take care, Jason
Dear Dzubow,
I came to the US with student visa in 2006. I applied asylum within one year after 2006. I got withholding of removal in 2008 regarding the Judge’s order from the court. I appealed my case to BIA ( Board of Immigration Appeals) but BIA denied my appeal & ordered to be with Judge’s order. I could renew my work permit and driver license yearly until I left the country in 2013. I fell in love with a US citizen during my stay in the US and now we decide to get married. I would like to re-eneter the US as a spouse. I heard and learned that there are five, ten or permanent bar to re-enter the country. I have never committed any crime while staying in the USA until I left the country. So I want to know whether there is a chance for me to re-enter with marriage visa. Or is there any other ways for me? My love doesn’t want to live in my country other than USA. So the only way for me to start my own family is to live with my love in the US. Before I entered USA to study in 2006, I visited the US for two times with non-immigrant visa( visit visa).
After I have found this website, I am too happy that my life is not in the end. Please kindly advise me.
Thank you so much for your time and looking forward to hearing your advice.
Sincerely,
Min
You may be able to return to the US, but you probably need a waiver to do it. I really cannot tell you much more than that – you need to have a lawyer look at the specifics of your case to determine whether it is possible to come back here with a waiver. It sounds like it will be possible, but each case is different, so I cannot say for sure. It is worthwhile to have a lawyer look into this for you, and hopefully it can work. Good luck, Jason
Hi Jason,
I’m assylum applicant. My case referred to the immigration court. I heard about FOIA form, can I request this form by myself or the lawyer should do that. I don’t have a lawyer right now. Do you think it is good idea to file FOIA before the master hearing, do you think the USCIS might be annoyed if I Do so ? If not can you please tell me if I can fill it online.
Thanks,
You can do the FOIA yourself (form G-639, available at http://www.uscis.gov). Sometimes, if a person requests a FOIA, the file is moved to a new office and so it is not with the government attorney, which may cause delay, though often it does not cause any delay. If you do not have a copy of your documents that you submitted to the asylum office, a FOIA is a very good idea – the sooner you do it, the better. Take care, Jason
Thank you Jason, the thing I have my documents that I submit but I heard that If I will submit FOIR I will get the exact reason of why my case was referral to the court. Is that true, thank you and God bless you.
In my experience, that is not always true. The asylum officer notes are not always released through a FOIA. At one time, they were never released, but now we sometimes get them (I think there was some litigation about this issue, which resulted in the change, but I am not sure). Anyway, the FOIA is generally a good idea, and maybe you will get some useful info if you do it. Take care, Jason
Good morning Jason. My son already has green card from asylem since 1987.in 2000 because white crime credit card f.his attoney completing I-589 requesting withholding of removing and in section above form which asting why are you seeking asylum answered. I am not seeking asylum I have alredy been approved for refugee I am seeking relief from deportation through the torture convention.Immigration judge granted. Still my son has his green card.my question is thos green card is in force? Thank you
I am not really sure I understand your question. But if he had a green card, was put into court, and received Torture Convention relief at the end of court, then he no longer has his permanent residence (even if he still has the actually green card in his possession). He can apply for a work permit based on Torture Convention, but all of the restrictions listed in the article above apply to him. By the way, did he try to get a Refugee Waiver under INA 209(c). This might have allowed him to keep his green card. Did the lawyer discuss that with you? Take care, Jason
Hello Jason, I’m now an asylee trough sponsorship from my wife. Before that, I had withholding of removal status after my asylum application was denied by the judge. Is my removal order still in effect? Can my wife now sponsor me for green card since she is now a green card holder? Thanks!
Presumably, you re-opened your court case and the Judge closed out the removal order. If not, you should contact the court to find the status of your case. You can call the court (their number can be found if you follow the Immigration Court link at right). Or you can call 1-800-898-7180 and enter your Alien number (it is a computer, not a person). You can get the disposition of your case by following the prompts, so then you will know whether the case was terminated. Probably in your case though, you will need to call the court and ask the clerk. Take care, Jason
Hi Jason,
My brother has a Green Card. Right now I am in the USA with Visitor visa. I am 17 years old, can he do any think for me to obtain permanenent resident without leaving the USA .
Thanks
Sorry – This forum is for asylum; I cannot answer questions about green cards. Take care, Jason
Hello Jason, I’m 17 years old. And I want to apply to asylum there is any issue with my age or I should be 18years old to be eligible to apply to asylum.
Thank you
You can apply, but if you are an unaccompanied minor (your parents are not here with you), you should expect that your case will be given priority over other applicants and that you will get an interview in a few months (as opposed to a few years, like adult, over 18, applicants). Also, there are many non-profits that assist minors, and you might want to look into getting some legal help. Good luck, Jason
Hi Jason in 2006 I was removed from us. In 2007 I come across elpaso border and I applied for withholding of removal was granted by IJ now I have 2 kids us citizens and now I owned a trucking company.do you know if I can apply for a cancelation of removal with immigration court since I’m a public interest and I have 2 us citizens child
I think you cannot, but I am not sure. If you can, it would be difficult and would require the cooperation of the DHS attorney (you would need to re-open your case, terminate proceedings without deport order – which you have now since withholding of removal is a deport order that is “withheld” – and then have DHS issue a new Notice to Appear). In other words, it is complicated, at best. If you want to try, talk to a lawyer. Good luck, Jason
Hi Jason,
I hope you can help me with information. I was born in Germany, my mother was German citizen and my father was from turkey and lived his life also in Germany until he passed away in 2014. Due to him having custody of me and him raising me, I had the Turkish citizenship from him although I have never been in turkey. I have a 24 year old son, also born in Germany but his father (u.s citizen) did not register him born abroad and therefor when I entered the united states with my son to marry my husband (retired army) under a fiancé visa, my son came under my Turkish passport and got our visas from the Turkish embassy in Germany. We live here since 1996 in NC and my son is in removal precidings, but Germany denied him. His ice officer is now making contact with Turkey to see if he get accepted. My worst fear is that he will accepted there just because I had to register him 1995 when he was 4 years old in my passport to get the visas for both us. If he does not get accepted, his ice officer recommend for my son to get released in order to stay in America where all his family members live. I have 2 more sons (u.s citizens) My sons biological father (retired air force) lives in California and proved through dna in 2013 that he is the father (we could not locate him up until then) but my son and I are only permanent greencard holders. What are the chances for the Turkish embassy to accept my son who has lived in the the states since over 20 years and not having any Turkish family members and never been in turkey? We had an immigration attorney and she stated she can not overturn my son’s conviction for he was 8 months in prison for altering a serial number on a gun and therefore applied for volenter deportation. My son agreed, his trial was july 18th and then after that we found out last week that the german embassy denied him twice because he is not registred there. For someone who has never been in turkey and does not have any family there and only entered amerika due to paperwork sake in order to get a visa for him and came here inside my Turkish passport, would turkey accept him, or is there still a chance for him to stay in the usa like the ice officer stated? It all would depend on the turkish embassy to get accepted. His ice officer stated that my son’s case is the most unique and complicated one he has ever had. My son was here in school and has a highschool diploma and has worked since the age of 16. It is possible to get some type of relief?
You may want to talk to another lawyer to get a second opinion. This blog is basically only for asylum, and so I cannot assist with the type of case you describe, but it seems he may have a claim to be a US citizen. Maybe the other lawyer looked into that, but it would not hurt to get another lawyer to look at the case. Good luck, Jason
Dear Jason
It is true that the USCIS will stop interviewing Iraqi and Syrian asylum for one year. My layer said that …!!!!
I have never heard of such a thing, and I doubt it is true. If you find a source for this information, let me know. Thank you, Jason
https://www.uscis.gov/news/news-releases/dhs-announces-18-month-redesignation-and-extension-temporary-protected-status-syria
Hello dear Jason,
I’m in removal process, asylum seeker and I’m moving to another state. My question should I sent for both USCIS and immigration court the form that I change my address or I have to informed only the immigration about my changing address.
God bless you
That is a good idea – I think you are only required to inform the court (using form EOIR-33), but you should probably also tell USCIS (form AR-11), especially if you have a work permit (since USCIS administers work permits). Take care, Jason
Hi, Jason.
This is Arsene.
The IJ and BIA denied my immigration case, and ordered my family’s deportation. I have been in the US for almost 5 years. My wife and I have 4 children, two are US citizens. We appealed the case at district court last year, and the case was remained back to the BIA this year. One day, I got a letter from ICE office for an interview, and to bring with me all my family passports and 2 photos passports each of us , , and fingers print. During that period, we applied EAD that the process still pending. Unfortunately, After months the BIA dismissed for second time the case, and we re appealed to district court. I am wondering that the things were going well, suddenly every things change… Would you please explain me what exactly going on to my case. Can I expect to get an EAD. Why did ICE officer got my family passports and took our s photos passport.
Dear Arsene … You had before EAD?
did you enter the US by Visa or how !!!
Since you have been ordered deported, ICE probably wants to keep as much control over you as it can (by taking your passports). For people with a deport order, it is possible to get a stay of removal from ICE (meaning that as a matter of discretion, they will not deport you yet) and this can come with an EAD, so it sounds like that is what is happening. However, it may have been contingent on your BIA case, which has now been denied. It sounds like you have a complicated case, and I am guessing you have a lawyer to help you – if not, you should at least talk to a lawyer to go over your options. Good luck, Jason
Hi Jason, please if I’m in the removing prossess and the the judge denies my asylum case and I decide to appeal and during the appealing process I find my love and we merry now I want to get permanent residence through him. My question obtaine the permanent resident through marriage is difficult during appealing process or is the same difficulties before the appealing process I mean (before the individual hearing decision )
Thank you
Depending on your situation, it may be possible to get the green card based on marriage while the appeal is pending. In general, if you entered the US with a visa and do not have major criminal or immigration violations, it is probably possible (though I would need to know more about the case to know for sure). It is not much harder than getting the green card while your case is before the Immigration Judge. Of course, I do not know your circumstances or whether you are eligible, and so I recommend you talk to a lawyer about the specifics of your case, and to help you through the process. Take care, Jason
Hi Jason…I have a friend who just got withholding of Removal. In a year or so, he is getting married to a person holding H1B visa. Do you know if he will be able to get H-4 visa by filing form I-539?
Not by filling an I-539. There may be a way to get an H-4, but it would involve reopening his case and leaving the US. In other words, it is complicated and may not work. Your friend needs to talk to a lawyer about the specifics of his case before he takes any action. Take care, Jason
I was an asylum applicant and I got withholding status in 2009. Then I got married to my husband few years later and we adjusted my status. Just got my green card. It’s not an easy or quick process but definitely possible! First you need to apply for I-130 and the judge need to terminate your withholding status. Then you apply for I-485.
Thank you – it is possible, but is can be difficult. I am glad you were successful – that is how it is supposed to work. Take care, Jason
Dear Jason, if I will have the same situation like Sh, how I can manage every thing so I won’t be in period without having valid work authorization since I will terminate my asulym case and I will fill I-485 and I don’t know when the judge will approve this form. Please, do you have any advise.
Sorry, you would have to tell me your situation so I understand what you mean…
I meant I’m asylum applicant and my case refere to the immigration court. I’m planing to merry my husband who is Us citizen! My concern is I’m working now and I have work authorization card but if I will ask the judge to dismiss my asylum case so I can apply to I-485. how longe it gonna take the judge to approve I-485 what I will do if he did not approve for more than one year and my work permit expire(since my work asylum cas now is dismissed) in this case could I just renew my EDA before I-485 approved or I have to wait till I get approval for I-485. Also for your information I entered the Us legally. Thank
You should have a lawyer to help you with this, as it can be tricky and different judges have different ways of doing it. You should be able to keep your work permit based on asylum for most of the process, and there is a way to get a work permit based on the I-485 before the I-485 is approved, but this can also create problems down the line. For all these reasons (and more), it is best to have a lawyer. Take care, Jason
Hello Jason
I lived in LA from 2000 to January 2014 and January 12, 2014 I moved back home to Turkey. I lived there for 2 years but due to volatile(curfews, clashes between Turkish military forces and Kurdish forces) situation in Turkish Kurdistan has become extremely dangerous. Having been through chaos I left my home and moved back to US in February 2016 again. Do I have a case to apply for asylum since I had lived in the state previously. Since I have been back(5 months) I hesitated to apply for asylum but at the same time I don’t want to be illegal. My visa is going to expire in August. If I decided to apply for asylum do I absolutely need a lawyer to file for me or can I do the whole process of filing asylum all by myself. What is the risk if I did apply on my own?
Thank you kindly
Ali
I wrote about the need for lawyers in a posting last week. Maybe that will help. You can apply for asylum. I do think you will need to explain your return trip to Turkey. If something happened on that return trip that caused you to fear living in Turkey, that is important. The situation you describe in your email are generally dangerous conditions, but it does not sound like something specific to you. If that is the whole story, your asylum case may be difficult to win. Given that, and the return trip, it may be worthwhile to at least meet with a lawyer to evaluate your case. Also, remember that if you want to file for asylum, you must do so within one year of your last arrival to the US> Good luck, Jason
Hi Jason,
I was granted withholding 2005 due to apply asylum after one year. I got married with US citizen 2007 and filed to reopen my case of withholding after I-130 was approved. But the Judge refuse to reopen my withholding case. What else can i do? Can you be able to take my case? I live in VA and i was granted withholding when i lived in DC. Please Jason help?
I am surprised the Judge said no, but maybe there is some other reason. Did you or your lawyer talk to the government lawyer to see whether they might agree to reopen? You can appeal the Judge’s decision, if nothing else works, but that is time consuming. Anyway, if you want to contact me next week, feel free: Jdzubow@DzubowLaw.com. Take care, Jason
Hi Jason,
We had a trial last week, and the IJ did not give us written statement but he will grant us asylum.
when he asked the governmental attorney if he is going to preserve his appeal, the governmental attorney said will appeal if the IJ going to grant us asylum. BUT later the Governmental attorney said he needs 2 wks to decide if he is going to appeal or not.
about our attorney is optimised about the result.
I need another opinion, could you please clarified that? is this routine?
There is no way for me to know – it depends on many facts, and I am not familiar with your case. The government attorney has 30 days to appeal. If the appeal is not filed by then, then there is no appeal and your case is done. Your attorney could call in a few weeks to ask whether they will appeal, but I do not do this – I do not want to remind them about the case, and if they forget to file the appeal, then you are done. My best advice is to wait 30 days and hope for the best. Good luck, Jason
Thank you, I will wait.
Hi Jason,
Any advise about EB-2 or EB-3 while the person in removing process. It is possible to benefits from it, Specially if the person has advanced US degree.
Thanks
It depends on many factors, and if you qualify, you would have to talk to a lawyer about the specifics of the case to see whether it is feasible. Take care, Jason
Hi Jason:
I ‘rode’ my Husband’s 1994 asylum petition from 2002 to withholding status granted in December 2008.
His now US citizen mother successfully filed Form I-130 in 2012. However, he is years from a visa number.
Will I be able to initiate cancellation of withholding proceedings of my own?
If you were part of his court case and have a removal order (that was withheld), then probably you cannot get Cancellation. If you were not part of his case, then maybe you can. Either way, this is a complicated situation that will require a court hearing, or maybe a request to reopen a closed case. You need to have a lawyer review the situation. If your husband can get his green card based on his mother’s petition, you should benefit from that too, as his wife. However, he likely would have to leave the US to actually get the green card and this is very complicated given his current status (and it may be impossible). You certainly need to have a lawyer look at his case before he makes any decisions. Take care, Jason
Hi Jason, I have question if I move to another state and my asylum case in the court, will my file transfer to the new state automatically. Because I don’t want my case to transfer to the new sates !
Thanks
You are required to inform the court of a change of address (form EOIR-33). If you send the change of address, and the court actually notices your new address, they may automatically move your case. If you can keep your old address, and move somewhere else temporarily, maybe you can justify not filing an EOIR-33, but this may be a risk. If they think you moved and did not tell them, it can cause other problems for you (and technically, it is a deportable offense). You may want to talk to a lawyer in order to protect yourself (and you really do need a lawyer if you have a case in court anyway). Take care, Jason
Hello,
My husband has had orders of removal since 2010 and thAt was followed with orders of supervision, in which he reports to immigration every 6 mo. Or so. Question: we are now married (as of 2013) and are ultimately trying to get him naturalized and to become a u.s citizen. We have an approved I 130 , he holds a work permit which he renews and pays for every year and recently we applied for the EOIR 42 B adjustment of status/cancellation of removal. We sent this in a packet form with everything necessary. Even a receipt from uscis. However, I have not heard from a judge . I am thinking this application is only for someone IN removal proceedings ? My husbands case is technically closed and he is ordered removed. I just don’t know what to do from here? We have worked so hard on our own to get this far (which isn’t far enough) we just want to get this 485 approved so he can gain permanent residency atleast! We have children, he is a hard worker , and he has not been to his country in 20 years or seen his family. I just want him to see his parents before they die. It is heart wrenching. I know I am all over the place lol but my huge question is file a motion to reopen? How do we do we get a judge just to review these changes. He had approved petition etc! Judge ordered removed because he overstayed and did not have anything to keep him here at the time. Thank you
He cannot apply for Cancellation of Removal unless the case is open. Also, he needs to have been here 10 years before the Notice to Appear was issued, amend so you may need to convince the DHS (the prosecutor) to issue a new NTA. In short, I think this is the wrong path for you. It seems to me that if he entered the US legally, and has no other bars, and you are a US citizen, and the I-130 is approved, then you can file a motion to reopen the case with the Judge. If it is reopened, you can then ask the Judge to terminate proceeding so he can “adjust status” and get his green card based on the marriage. All this is tricky, and you need a lawyer to help you. It is well worth the money to know what he is eligible for and to resolve his case. Also, if he has withholding of removal, he should be eligible to apply for an EAD and he should not have to pay the fee (check the instructions for the I-765 under the Withholding of Deportation category). Take care, Jason
Hi Jason, I’m in removing process legally entered the Us. My wife have green card could I obtaine permanent resident from her right now or I have to wait till she become U.S citizen.
Thanks
In general, you would have to wait until she is a US citizen. However, you may or may not be eligible, and you might be able to apply for a green card even before she is a citizen (though probably this would require you to leave the US and re-enter – generally, a bad idea). You need to talk to a lawyer who can examine the specifics of your case. Take care, Jason
Thank you Jason, I understood that even if she become a U.s citizen there is a possibility I’m not eligible to obtain green card through her without leaving the U.s!! I thought if I’m Legal entered the U.S and I don’t have any crim I’m 100 % eligible to obtaine permanent resident through her without leaving the U.s ! Please correct me if I’m wrong …
Without analyzing your case, I cannot tell you. But in general, a person who entered with a visa and who does not have an criminal or immigration issues, can get a green card by marrying a US citizen. Take care, Jason
Hi
Hi Jason, my passport will expired soon and I’m in removal process do you think if I will issue new passport will effects my case ?
Thanks
It could, depending on your case. You would need to talk to a lawyer about the specifics of the case to have a better idea. Take care, Jason
Hello Jason,
I was granted Withholding of Removal back in 2011 ( I didn’t know any better so I overstayed my J-1 visa, in addition to that I failed to file for asylum within the one year period, therefore the judge granted WOR). I am now married and would like to adjust my status. I understand that once my i130 is approved (my husband is a LPR so I will have to wait for my priority date to become current too) and before filling form i485 I must try and get WOR case reopened and terminated. My question is can I still join in a motion to reopen and terminate my Withholding of Removal even though I entered the country as an exchange visitor, J1.
Your input and advice would be much appreciated!
Thank you in advance,
C
If you have a two-year bar for the J-1, you also need to get a waiver for that. In addition, if your husband is an LPR, you most likely would have to leave the US and re-enter with your green card, which can be very tricky. It is better to wait until he is a US citizen; then – assuming you are otherwise eligible – you can “adjust status” and get your green card without leaving the US. You should probably get the help of a lawyer to get you through this process. Good luck, Jason
Hi Jason just a question about our situation.
Filed Asylum application On 2014
Got Married to US Citizen On 2016
Asylum case still pending no interview still
I-130 has been approved after interview
Asylum withdrawn per officer request (I-130)
Got refferal to court after a week regarding I-589
So my question is how is that gonna work why i got refferal to court if I-130 approved and I’m not in removal proceedings?
I-485 was not approved at the time of interview because we have been told to withdraw asylum case first then officer will Approve adjustment of status. What to do next? Thank you
It sounds like something strange is going on – I highly recommend you talk to a lawyer about the case. Typically, once an I-130 is approved, a case in court will be terminated and the person then files the I-485, but if there are some issues in a case, it might not work that way, and here, something seems wrong. Talk to a lawyer and hopefully you can get it straightened out. Take care, Jason
Dear Jason,
I am waiting for Master Calendar hearing from IJ because my asylum case was referred to the court. And recently, in my country there is new democracy government won the election and there’s somewhat major changed in our country, which is Myanmar.
So I would like to know how likely or how difficult I could win asylum or IJ will deport me immediately?
Please help me.
Thanks
The IJ cannot deport you immediately. There is usually a long slow process, and just because there are changes in your country does not mean you will lose – it really depends on your case. You should talk to a lawyer, as it is very helpful to have a lawyer if your case is in court. Take care, Jason
Thank you so much , Jason.
Hi Jason, I’m in removing process and I met my boyfriends more then two year. Now we think to get Married. My question is my next hearing date is so far and I want to fill 130 and 485 form, should I wait till my the next hearing date to handle the forms for the I immigration court or I can do it now.
The form I-130 is filed with USCIS, not the Judge. Once that is approved, and assuming you are eligible, you can ask the Judge to dismiss your court case and then you can file the I-485. It is better to have a lawyer help with the process, to make sure that you are eligible and to assist with the process. Take care, Jason
Thank you Jason, I just want to clarify. so I could ask the judge to dismiss the court case any time or it should be during the hearing date ?
God bless you
You can ask at anytime. However, most judges will not terminate your case unless the I-130 has been approved, so normally, we ask for that after the I-130 is approved. Of course, you also have to be eligible to adjust status, and that I do not know. Take care, Jason
Hi , I just win a case for 42B on California , but they put me on a waiting list, what is this mean.
There are a limited number of green cards available through Cancellation of Removal, and so you will have to wait for one to become available. The new green cards become available on October 1st of each year. Take care, Jason
Hi Jason my individual hearing will be in 2019 . My concerns is during this time many things could happen my country might be little saver or something like that. Will the immigration judge depend on the situation during 2019 of deciding my case or rely to the situation when I filled for asylum ,…
Thanks
The Judge will look at the situation in your country on the date of the hearing. Depending on the basis for asylum, this may not matter too much. For example, if you were persecuted in your country in the past, unless there have been major changes in your country, it should not matter to your case if it has become a bit safer. Take care, Jason
Hi jason. In the past I was ordered removed by a judge . But now im going t be seeking asylum again..I have been kidnapped and extortionate . And my family is in the u.s.a. I own a business and I just can be in my city. I apply for asylum before and lost the case. No burden proof .. now I have records and pictures that the police took when I was bet up. Could I try apply for asylum again .?? And what are the adds of getting parelod by ice.. cus I have granted creible fear in the past.. thank you jason..
It is possible to get some type of relief, since there are changed circumstances, but you will likely be detained for the duration of your case. It sounds like you well try to come to the border and seek asylum; it would certainly be easier if you could enter the US with a visa. Also, if your previous asylum case was found frivolous or fraudulent, you will be ineligible for asylum (though you can still get Torture Convention Relief). Also, it may be that you are eligible only for Withholding of Removal, which is not as good. You may want to consult with a lawyer before you come, to know in advance what relief you are eligible to obtain. Take care, Jason
hi jason,
my family and i were given the withholding status in 1998 and i’ve been here for almost 20 years now. is there any way i can reopen my case so im not stuck in limbo. or is there any chance i can request to travel (not to my country where we asked asylum from) if i have the dates. i feel very trapped and cant seem to find anyone that knows much about my status…even the immigration offices, both NYC and Florida. any info would be greatly appreciate it! thank you!!
best,
Mersi
You would need a reason to reopen your case (US-citizen spouse or adult child who can sponsor you for a green card, for example) and you would need to be eligible to get the green card (no criminal or other bar). Otherwise, I do not see how you can do it, unless maybe you leave the US and then find some way to return, but this would be very difficult. As for travel, you cannot leave the US and return if you have Withholding, and I know of no exception to that rule. Good luck, Jason
Hey Jason could you please tell me I am a approved case of witholding of removel.Do I have to pay any immigration fees to renew my work authorization. Thanks
You do need to pay. If you cannot afford to pay, there is a form called I-912 for a fee waiver (available at http://www.uscis.gov). Take care, Jason
Thanks Jason but I was approved in 2008 and renewing my work permit each year without any fees. and i never fill any form of 1-912 ,but this time I am little scared because I have one very good job which I don’t want to lose of any delay by uscis to renew my work permit . Thanks Jason
Interesting – I am surprised that you did not pay the fee. Maybe we’ll try that. Just apply as rely as you can for the new EAD and hopefully you will be fine.
No you don’t have to pay. Withholding of removal has code “A10”, put that code on the application. Sometimes even some workers in the ofice don’t know what is the withholding of deportation is. I have that and every year I apply, 15 years, and it is free. One time I got rejected telling me to pay for it. I send them knew application with the explanation that i have Withholding of removal, send with the copy of the court paper with it and thats all, they send my new work permit. I renew it every year. No fee. You can check on uscis website , under the instruction for I-765, Application for Employment Authorization,page 9, there are many codes and its explains which one should pay and which ones don’t, you will find withholding of removal under code (a)(10), no fee. On page 9 shows fee and right under it tells you except if you under code you don’t have to pay, that where you can find you under (a)(10). You can copy that page and send it with your aplication, I am sure you will not have the same problem again. Good luck.
Thank you for sharing. Take care, Jason
https://www.uscis.gov/i-765
Press — instruction for form
Go page 9, where it shows feeling fee,
read under it, exception, if you under any of these category no fee, check number 6, 🙂 thats you, no fee…
Hi Jason I was apply asylem last 2014 and I Withdrow the case due to some problem and after some time I got green card through work now I am not us citizen and my wife want go back home but she was give finger print when I apply the asylem so can she go ?
I don’t see why there would be a problem, unless the government thinks your asylum case was a fraud, and even then, since you are a citizen, I doubt you would have a problem. If you want to be extra-sure, talk to a lawyer before you go. Take care, Jason
Hi Jason,
My question is my master hearing is schedule in 2017 which is a lot of time and I heard the individual hearing also might take longer . My problem is I know in California the immigration court take year or less to have the final judge decision. I’m planing to move to California because it is discussing to wait that long. Could I transfer my asulum file from my current court before appearing on the master hearing or I have to wait till the master hearing to ask the judge to move my asylum case, I mean it is possible to ask the current immigration court to transfer my asylum case right now to other state. By the way I’m in the removing process
Thank you Jason
We move cases before the Master Hearing all the time. You file a Motion to Change Venue with evidence of your new address. There is more to is than that, so you should find a lawyer to help you. One word of caution: I have heard that courts in California re very slow, so I would try to find out how long the wit times are before you make a decision, if this is your main criteria. In many cases, wait times vary by Judge, and so if you get one judge, your case will go fast (relatively fast) and a different judge at the same court may be very slow. Take care, Jason
Hi Jason, I appreciate ur help.
I have been in US for 16 years under a status of “Withholding of removal” granted, obviously I renewed my work authorization and driving license more than 14 years every year. I faced all the challenges you mentioned on your article. I saved money to go to school, in fact some universities denies my application cs I can’t get federal loan, I am a professional employee with 2 kids of my own with my fiancé. I came to USA as arrived alien seeking asylum from the worlds worst government . unfortunately, my asylum case was denied, I accepted the offer to save my life from deportation. I believe I am blessed cu I am still here. But , Still I have no idea how to adjust my status? ether any possibility to waive to get out of the country to adjust the statuse, cu of my kids, paying mortgage…..
Depending on the facts of your case, it may or may not be possible to get a green card, and it may or may not require you to leave the US to do it. If you have criminal issues or if you entered without inspection, it is more difficult to get a green card. If you entered lawfully with a visa, have no criminal issues, and get married to a US citizen, it may be possible. Talk to a lawyer about it and see what your options are. Good luck, Jason
Hi Jason my husband was granted withholding of removal on his last court hearing on March 31 2016..his deportation officer told him that it takes 90 days for them to try to deport him to another country. Do you know if it’s 90 days after the final court date?..
I have never heard of such a time-frame. The deportation officers say a lot of things, and very often they are not telling the truth. It is unlikely your husband could be deported to another country. The only time that happens is when the person has residency or citizenship in another country. Take care, Jason
Thanks Jason. He’s been detained since October 26, 2015. Since he has a felony could it be that he’s going to be detained indefinitely?..
Actually, if he is detained more than 6 months, he is eligible to file a petition of habeas corpus to get released. There is a case about this called Zadvydas v. Davis, 533 U.S. 678 (2001). If he is considered a danger to the community, he can be help indefinitely, but most people get released. You may need to hire a lawyer to help you. Good luck, Jason
Thanks Jason I will ask his attorney and see if she can file that for him. She has told us that we have to wait those 90 days.
I do have a withholding of removal since 2006. My wife file a I130 that has been approved last week. And I need to know whats my next step. And how complicated it is to reopen my withholding of removal.
Depending on many factors, you may or may not be able to get your green card based on your wife’s approved I-130. You should find a lawyer to help you through the process, and to determine your eligibility. If you are eligible, the next step is to reopen your case with the Immigration Court, remove the Withholding of Removal, terminate proceedings without a deport order, and get your green card (or sometimes, the Judge will give you your green card). Good luck, Jason
Hola Jason. Mi esposo y yo ya tenemos Withholding of removal. Servirá de algo que mi hermano (ciudadano americano) me pida aunque el proceso dure largo tiempo?
Gracias de antemano
Sorry; I will answer in English. If you have withholding, your brother can file for you, but this takes about 11+ years. Once the visa is available, you need to reopen the court case and then terminate that case without a deportation order (withholding of removal is an order stating that you are deported, but “withholding” the removal as to your home country). After that, you will likely need to leave the US and then re-enter with a green card. Depending on your case, this may not be possible under the law. There is no harm in starting the process (your brother files an I-130 for you), though that costs $420, but at some point, you will need to talk to a lawyer to see whether you can do this. Take care, Jason
Hi Jason, if asylum person in removal prosses in immigration court could he get married from Us citizen and stay in the Us or he can’t. If yes, he should get married before the individual hearing or does not matter.
Thanks
If a person gets married to a US citizen while his case is in court, he may be able to close his case based on the marriage and get his green card from USCIS. However, it depends on whether he is eligible for the green card. Two common issues here are (1) he must have entered the US legally with a visa or (2) criminal convictions. There are exceptions to these rules and there may be a way to do it anyway, but you would need to talk to a lawyer about the specifics of the case. Take care, Jason
Thank you Jason!
My concern is the person is enters to the Us legally, and he does not have any criminal conviction but is the is limite time to close the case in the court when he get married. I mean even he could close the case after the judge denied his case and he apeal.
Thanks Jason
If a person enters the US illegally, they are generally not eligible to “adjust status” and get their green card in the US. Normally, that person would need to leave the US and re=enter with a green card, and this may or may not be possible. It is best to talk to a lawyer about the specifics of the case. Take care, Jason
Hi Jason, if asylum case refer to the immigration court does the applicant have the right to study in university, since he is out of the satuse !!! Does the work authorization card helpful in this case.
Thank you
If he has a work permit, he should be able to study at university. Each university has its own rules, so you would have to check with the specific school to be sure. Take care, Jason
Dear Jason ,
I would like to know after applied for EDA how long it will take to get delivered at home because I have submitted my I 765 on 05/13/2019 Can you please tell me any idea when it will come .
We are seeing EADs take about 4 months, but I have heard of people getting them in less time. Take care, Jason
Hi Jason,
I appreciate all the help you provide to us.
our asylum case was referred to the court. Is the expert’s report is important? if so, could you please recommend an expert who is able to write a report to support our case?
thank you in advance.
I generally do not use experts – most info can be found online. However, in some cases in can be helpful, but which expert you need depends on your country and your case, so I cannot recommend anyone. If your case is in court, you should get a lawyer to help you – the lawyer can evaluate whether an expert will help your case. Take care, Jason
Hi Jason, should I submitte all my documents during the date of notice to appear in the court. Also, if I have to submitte every thing at the date of notice to appear could I submitted more evidence till the next hearing day .
Thanks
You have to submit document in accordance with the Immigration Court Practice Manual. Generally, you do not have to submit documents at your first court hearing – but sometimes if you do not submit documents it can hurt your case. If you are in court, it is a VERY good idea to talk to a lawyer so you can get some guidance about what to do. Take care, Jason
Hi Jason, I have a doubt. Do you think it is helpful to attach a letter of recommendation stating the person involve in volunteering, community service and US education documents should attach to asylum case refer to the judge …
Yes – you do need to show that you are a person of good character. Normally this is assumed, but such letters can be helpful. We often submit them if we have them. Take care, Jason
Hi jason how are you I need your help again I would like to know what documents I should send with my I 765 please tell me check list . and where i should mail this I 765 I live in springfield VA .
I cannot provide this type of specific information here. You need to look at the form instructions, which tells you what to send and where to send it. If you make a mistake, USCIS will send you a letter explaining the mistake and give you a chance to correct it, so it is not such a huge problem. Take care, Jason
Thank you so much Jason for the reply .
Hi jason, so I too have withholding of removal status for a little under ten years now. because I feared going back to my country of birth because of past torture, for my by curiousness ways that i had back then. But this was a fared torture of over 10 years ago. Since then I have overcome those demons way of bysexuality and now I’m a god fearing person who goes to church with my wife (woman) and kids that we have made together have no thoughts about my past what soever. But now since I’ve change for the better, I just wanted to know what steps can I take to the path of citizenship of any sorts. Please would love to here from u.
Depending on your case, it may or may not be possible to get a green card. In general, the most common way is to marry a US citizen, have the citizen file an I-130 for you, once that is approved, reopen the court case, and then continue the green card process. Whether you are eligible to do this, I do not know. You need to talk to a lawyer about your specific situation. Good luck, Jason