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.
Dear WOR Community,
I had a previous post where I have told my story about ICE pressuring me to go to the embassy of my country of origin and apply for a passport.
The recent internal order for expedite deportation have open the gates for the vicious executioners of ICE. At this moment they are running full speed with total disregard of people circumstances. This is not a conspiracy theory or exaggerations of the most recent faxes.
After working for a number of years for the US Government in the capacity of intelligence asset during the 90′ Balkan War, I found my self forced by circumstances to seek refugee in the US. Based on the advice and assistance of the US contact agents I have arrived without inspection in US. I stayed under the radar for about 10 years after my arrival in the US in 1997. During this time I meet my wife, a US citizen by birth, we have together 4 beautiful kids ages of 15,14,11,7. In 2008 I have applied for the first time for I485. My application was rejected for ground of inadmissibility do to the entrance without inspection. My wife application of I130 was approved. Under a special circumstance witch for personal reasons I cannot disclose here, I was detained by ICE for a period of 6 month. In detention I had my case in front of a Senior Immigration Judge, who have ordered Department of Defence of US and Department of State of US to testify under oath and acknowledge the official records of my past employment over seas with those Departments. Based on the under seal Immigration trial, I was placed under WOR. At end of the trial the Immigration prosecutor have agree not to appeal and ordered immediate release from custody. From September 2011 I have started to report with ICE for the OSR.
Last month the officer handling my case have asked me to go to the Embassy of my country of origin in Washington DC and apply for a valid passport. I have told him that something like this will not be possible do to the substantial fear that I can be detained and tortured. He have replied with a schedule notice on my reporting document that I have to comply with his order and return next month to report.
Yesterday it was my reporting day. As a prove of GOD FAITH in assisting the US Government in obtaining travel documents, I have presented an email communication between me and the government of my country of origin, asking them to assist with sending me the passport application.
They have responded with following message: According to the country current law, a person who dose not have any valid national identification documents, must go in person to the Embassy or Consular Mission of the country to be a subject of biometrics and photo identification. After establishing the identity, a temporary travel document will be issued and it will be valid for only 30 days with ONE WAY travel back to the country of origin, where the person will have to apply thrum the national procedure. In my case this it will be absolutely impossible.
Yesterday during my report ICE officer have become verbally aggressive telling my that I have violated the conditions of my Supervised Release.
I told him that I came ready to remain in custody because I WILL NOT ENTER ANY EMBASSY OR CONSULAR OFFICE of my country of origin.
At that point he have called one of his supervisors. This one have become much more aggressive. I have been called all sorts of names and humiliated to the extend of extreme. They had an EXTREME intimidating techniques attitude. I have reminded as calm as I have never been, knowing that it will be my last resort in front of a very aggressive, vicious, racist recent Government system. I was told that if I do not comply with the order I will have my work permit and driver license revoked. I attempted to voluntary surrender my DL and WP do to the fact that I’m asking them to place me under detention and it will be no need for those documents there. Following my request to be taking in to the custody for disobeying there order they have physically forced my outside the ICE building. They have refused to reschedule reporting day by stamping the report document, asking me to go back with the receipt of passport application from the Embassy of my country of origin.
The intend of blogging my story is for who ever read my story to understand that there is no protection. Everything is applied under executive orders or internal guidelines of who not even the most experienced attorney will have enough tools and provisions to help.
WOR people get ready for extreme roky times, have your arrengements for eventual maximum 180 detention. Prepare your self and your family for the worst. No one will be spared. Be strong for your family and your self. Do not give up. Freedom is an Universal Right giving by God the creator.
Good luck.
I think it is good to document all this and keep records. Also, you might want to talk to a group that advocates for refugees, such as the ACLU or Human Rights First. I do think if you were present with a lawyer, they would not have been able to treat you that badly, but of course, then you have to pay a lawyer, which is another problem. Finally, despite it all, WOR is a strong status, and though they can harass and intimidate you, they do not have the legal authority to deport you, and so maybe there is some comfort in that. Keep us posted about what happens and good luck, Jason
Hi Jason. i was granted deferral of removal last year and when my attorney submitted my application for work permit they denied it because he submitted the application under WOR category, so he submitted the application again under order of supervicion because i am also on order of supervicion with ICE, i don’t know if that was the right category since they don’t have a “deferral of removal” category on the application. It’s been about 4 months and i have not heard anything about my case, i check my status and it says it’s still pending, I’m very concerned. Any hopes?
For deferral of removal under the Torture Convention, I believe we submit the EAD under the same category as for withholding of removal (a-10). If it is another type of deferral, the category would be different. This can be confusing, and if you have not received an answer yet, you might try calling USCIS or going in-person to ask. You can make an appointment or find the phone number at http://www.uscis.gov. EADs in general are often moving quite slowly, so even if you file under the correct category, it can take 6 months or more, but in your case, since you are not sure, it is probably a good idea to inquire. Take care, Jason
Since 2007 I have WOR status and renew my EAD every year. This year when I fill out the I765 form I have noticed that ICE updated the form and added more questions into it, one of the question have you ever been arrested for and/or convicted of any crime. If the answer is yes, provide court dispositions and based on the conviction ICE will decide on the application. I understand that we are in a very rough time for immigration process. In 2009 I had 4th degree(misdemeanor) DUI charge and I completed all the court decision. I have the disposition from court. My question is am I at the risk of ICE denying my renewal application? Thanks
I think you do not have much risk of a denial based on that charge. However, you have to tell USCIS about it, or they could deny you for lying on the form. The main issue is that this arrest might delay renewal of the EAD. Hopefully not, but you never know. Also, such a conviction is not a basis to take away WOR, so you should be ok in terms of that. Take care, Jason
Hey Jason
This is Jackson, came to this country 2011 under c1d visa, I filled my gay asylum in feb 2014, I got my interview date on June2017. But the officer who was interviewed me told that I am on a crew man visa so he have to send me to the judge, told me will get the letter in 2weeks. I didn’t receive any letter so far n am planning to get married with my boyfriend, who is born here and I just wanna know is that get me a travel document to travel my country n come back? Is it safe to travel with my c1d visa?
The crewmember visa has a lot of restrictions and I do not know a lot about it. I think returning to your home country or even leaving the US while your case is in proceedings (Immigration Court) will result in an automatic deportation and so, if you leave, you will not be able to return. I suggest you talk to a lawyer about the situation, as they will need to research the crewmember visa to see what your options may be. Take care, Jason
I enjoyed reading your blog. I am in the same limbo of WOR case since 2008. Like “mario” my lawyer wasn’t good enough to fight my asylum case. However, I became a DACA recipient in 2012 thanks Obama. I wish to get to married to a US citizen however it is expensive and due to the new administrations anti-immigrant and xenophobic stance of brown people. I have learned that courts are denying motion to reopen WOR cases. I want to confirm with you if the new is true.
That has not really been my experience. I think judges (at least judges that I see) are continuing to follow the law as before. To reopen a case, normally, you need the agreement of the DHS attorney, and that may be more difficult to get, but in any case, the first step is for your spouse to file the I-130 petition and get that approved (you can waive the filing fee using form I-912, available at http://www.uscis.gov). Once that is approved, then you can start the process of trying to reopen. Good luck, Jason
Hello Jason,
I love reading your blogs, My current status still waiting for next master hearing, before the first Master hearing I got married to Green card Holder who is eligible to naturalization, now we applied for naturalization, for the first Master hearing we informed Judge about my marriage and he scheduled next master hearing in April as by that time my Husband will become citizen hopefully. after they want to schedule stock interview.
Can you explain me what is stock interview and shal I start apply for Green card?
Thanks in advance,
Dilya
You should have a lawyer help you, as the process can be tricky and there are pitfalls. But the basic story is this – Once your spouse is a US citizen, he can file an I-130 petition for you. When that is approved, the judge will normally terminate proceedings, and then you can file for your green card with USCIS, using form I-485. It does not always work this way, though, and it is possible to mess it up. I think the money spent on a decent lawyer is well worth it to make sure you get through the process. Take care, Jason
Thank you very much!
Dear WOR Community,
Recently I had a post about how ICE is behaving with WOR reporting people. On my background I was a private contractor intelligence agent for the US Government overseas for a number of yeas. Regardless of my statute and history, my irrefutable circumstances the Immigration legal limbo for an unreasonable technicality, is treating people with WOR just as bad as any deportable alien. Still have some friends within the high level Government access. Is not sufficient. Unfortunately at the express order of the Government, ICE HQ have issued a new guideline about how ICE local Field Operation must handle expedite deportable cases witch of course includes WOR’s
I will urge everyone of you and your family members as a WOR recipients to do as follow:
1. Read and understand absolutely 100% your Order of Supervision-Addendum.
(On your reporting document where ICE will stamp and indicate your next reporting date, there are 2 pages with paragraphs marked with an X about what you have to comply with).
2. Comply with the required documentations.
(PAY ATTENTION / if you will have a minimum of 3 applications at 3 different countries Embassy – Consular Services, that it will be sufficient prove that you area acting in a good faith assisting the Government as required for your WOR condition. Applications for PERMANENT RESIDENCY ONLY and applications for travel document / passport).
3. Keep a record of all applications you have turned in on your reporting date and try to have the name of the officer whom have attended you on every reporting date.
(It will be not an easy task on obtaining the name of the officer but you must try).
4. When you report with a new set of applications for travel documents and applications for permanent residency to whatever country you apply, summit a copy of your previous turned in applications.
(The thicker your file is, the better prove is that you are complying with your conditions requested by ICE. Remember that you do not have an individual officer assigned to your case. Other officers will handle your file and not every turned in document will be properly recorded and attached in the system. Is your obligation to keep your records of action up to date and organized).
5. Under no circumstances give up when ICE will put pressure on you or your family members recipients of WOR.
(Unfortunately Federal and Local law enforcement agents/officers they have no legal restrictions on what kind of intimidation techniques they will use in order to complete the case. They will be the good and bad cop with you. They will threaten you with what the last page and last paragraph on your Order of Supervision: ANY VIOLATION OF ANY OF THE ABOVE CONDITIONS MAY RESULT IN A FINE, MORE RESTRICTIVE RELEASE CONDITIONS, RETURN TO DETENTION, CRIMINAL PROSECUTION, AND/OR REVOCATION OF YOUR EMPLOYMENT AUTHORIZATION DOCUMENT).
Final advise to you the WOR community:
If you do not posses a valid passport from your country of origin and your country of origin Embassies or Consulate Services do not offer an online or by mail only renewals services, DO NOT STEP in to any of those institutions. They can detain, interrogate or torture you if you will be a subject of such action.
Remember why you have ended up on WOR situation Withholding of removal is a special type of order issued by an immigration judge to a person who demonstrates more than a 50% chance that they will be persecuted in their home country on account of their race, religion, nationality, membership in a particular social group, or political opinion.
ICE is not your personal enemy. They are officers doing there job just as required bay law. They have no personal issues with you or your family members. They just have a job to do so they can go home like you and me and take care of family. As long as you act within the required obligations of your Conditional Release they will not touch you. Is more than 90% unlikely that any country will accept you and your family to travel as a PERMANENT RESIDENT. To become a permanent resident of any country in this world is a process of rules and regulations specific to each country individually.
As a last resort The US Government can only detain you for a maximum of 180 days or indefinite detention ONLY if they prove that you are an imminent extreme danger to community or national security. See Rodriguez, et al. v. Robbins, et al.,
Remember ALWAYS talk with an Immigartion Attorney. They know better the law and have the legal credentials to represent you. DO NOT SEEK LEGAL ADDVICE other than an attorney.
Good luck to you and your family.
Thanks for your advise, is it real that ICE start handling WOR status holders differently, like deporting even though you have WOR order? If so isn’t a violation of judges decisions? Also I have hard time understanding this sentence could you please give more details.” Final advise to you the WOR community:
If you do not posses a valid passport from your country of origin and your country of origin Embassies or Consulate Services do not offer an online or by mail only renewals services, DO NOT STEP in to any of those institutions. They can detain, interrogate or torture you if you will be a subject of such action”
In regards of the travel document (passport): If you don’t have a valid passport from your country of origin you will not be able to travel aboard. Not even back to your country of origin. You will need to initiate the renewal process with the Embassy or Consulate Services of your country of origin.
Some country will issue you a new passport, some will just give you a travel document valid for 30 days with one way ticket back to the country against you have asked for protection.
As you are under the claim and adjudication of WOR, applying to such of a travel document (passport) at the Embassy of the country witch you are afraid to go back, it will give enough fuel to US Government to reconsider re-opening of your WOR case for evidence of “luck of fear” and therefor canceling your recent WOR statute and eventually placing you on immediate deportation.
If your country of origin will issue you a replacement passport based on ONLINE application and VIA MAIL DELIVERY, than you can safely have one. If not, you are technically a STATELESS person until you will be able to safely obtain a valid passport.
ICE/EOR having you under intimidation/threatening pressure to apply for a passport under conditions of exposure to the very government you are protected from, is a clear violation of an WOR statute. But YOU MUST REMEMBER that under the today political climate in USA, Federal Law Enforcement especially ICE, is running loose with out restrictions especially with aliens under removal procedure.
It is not known yet of any case of an WOR recipient being forcefully removed to a third country. But there are plenty of WOR people with work permits canceled or extensively delayed for renewal with out a reason, detained, or placed under an ankle monitor for no reason, refusal of travel permits even for work reasons, bottom line just to have your life disturbed to the extend of extreme.
If you are facing any beginning of aggressive behavior against you from ICE, that is a sign that you have been flagged. My advise is to get prepared and hire an attorney to be with you on your reporting date. Your attorney can LEGALLY request ICE to disclose reasons of flagging you. You may not have turned in enough evidence of assisting the US Government with your required departure proceedings.
Under FOIA they MUST respond. It will take time but eventually they will have no choice but respond.
Finally, just keep your self clear and remember the truth about your statute. YOU HAVE NO RIGHTS IN USA. NOTHING AT ALL. Is a very harsh reality especially if you have family. If you work you must pay income tax but you will not benefit of medical insurance or retirement. The kind of work with a temporary statute you have, it will be more likely a very low pay and temporary. Until some kind of Congressional law change will ocure in regards of WOR statute, this will continue to be a very unfortunate reality.
Good luck to you and your family.
I really appreciate your advice. Obvious I got my WOR status based on the evidence I provided to immigration judge, which is real. If ICE is forcing me to apply for travel documents from the country that have fear to go back, Obviously they will issue you the travel documents you ask for.1) Just because You are against the government they can’t denied citizenship identification 2) The government want you to go back so they can torture you, throw you in jail, even kill you. So in most case if you apply for documents from the country you have fear you will be granted. We are here to save our life, but yet we are still targeted here. Very sad.
If you have WOR and ICE is asking you to get a travel document from your country, you should refuse, and contact a lawyer for help. If you need a free lawyer, I wrote a posting with some ideas for that on September 22, 2016. Take care, Jason
ICE is not deporting people with WOR. They are contacting them and asking them to go to different embassies and apply for residency in those countries. If the person gets residency (which is almost impossible), ICE can then deport them to that country. This is not something new, by the way, and we have seen it for years. ICE knows that the people will never get residency in a third country. It is just a way to harass them and make life difficult. But for our clients, they complied and went to the embassies, and after a few check-ins with ICE, they were left alone. Take care, Jason
Thank you for this. I will add only that we do not see so many cases where WOR people are being forced to search for another country to go to. We are seeing it sometimes, and maybe we will see this more frequently now. I think it is a way to harass people and make like difficult, but those who comply with the requirements generally see things get easier and eventually ICE leaves them alone. Take care, Jason
Hello Jason,
Thank you so much for taking time to answer these questions! Myself, our daughter and my husband came in legally to the US though our status got messed up along the way, myself and my husband were granted WOR-A10 in 2012 but the laywer advised that we do include our daughter on the application thinking that she might be able to benefit from DACA, she is now 15yrs+ and we filed for DACA Jan/2017, received the receipt notice, but still have not heard anything back since…now that trump wants to cancel DACA, how does that affect her and she does not have WOR either—Is there anything she can benefit from/EAD before turning 18?
You should talk to a lawyer. Perhaps she can file for asylum in her own right (maybe based on your case). As long as she is under 18 years old, the one-year asylum filing rule does not apply to her. As for DACA, I do not know much about that, but the program is ending, and whether there will be any relief for DACA people is still very uncertain. Take care, Jason
Hi,
My question is, I went today to the immigration office for my year check up, The officer asked me if somebody else already talk with me about travel I said no so he asked me for next month to bring my birth certificate and two passport photos because they said I need to apply to three different countries and see if they can accept me over there… Do you know what is going to happen? Im scared I’m disappointed I been a good person no convictions since I got WOR. Thank you!!!
I have seen this before, and it seems mostly just a way for them to harass you and make life more difficult. No country is going to accept you as a permanent resident simply because you ask them to allow you to move there. Basically, my client sent letters to a few embassies asking for permanent residence. The embassies did not reply, and eventually, ICE left her alone. I do recommend you talk to a lawyer, though, to try to be on the safe side, but I think the likelihood of you actually having to leave is very low. WOR is a strong status, and unless you have permanent residence in a third country (not your home country), you cannot be deported. It’s just too bad that ICE mistreats people like you for no reason. Please let us know what happens, as others are facing a similar problem and that could help. Thank you, Jason
Thank you very much to answer my question, yes I’ll let you know what happened.
They typically don’t send people to third party country, please don’t worry. They ate shipyard too do that, my husband had to as well. You have the right to choose your own third party country, so choose one you know will deny you. We were never asked to bring the deportation officer a birth certificate, only proof we had sent a paper to three different embassy’s asking for entry. No one responded thankfully.
what country your husband pick?
Thank you Jessica Morales
Hi Jason.
I was granted witholding of removal on th 6th of June 2017, so I fear returning back to my country in years to come so I want to get an Autorny to reopen my case so I can fight for asylum or adjustment of status,what do you think I should do as I need to get married and start a family of my own here in the United States and i dont want to be deported and leave my family behind is really stressful as this make me single and trying to figure out what to do so I can stay here with my family.
Whether you can get a better status than WOR depends on your case. For example, if you got WOR instead of asylum due to a criminal conviction, it may be impossible to get a better status. If you got WOR because you missed the one-year filing deadline for asylum, it may be possible to get a better status. In most cases, this is through marriage to a US citizen, but again, it depends on the facts of your case. Talk to an attorney to review your case and let you know. Take care, Jason
Hi Jason.
My respond to your reply is that I came from the border of Mexico seeking an asylum but instead I was granted witholding of removal because I showed enough proof that I was face persecution if I return back to my country.
I don’t have any criminal recorded and I have never leave in the US before,I turn myself in to the US immigration at the border and I did’nt have any valid documents no passport but just my identification ID from my country.
I have live in South Africa before but I don’t have any lawfull document or firm settlement in South Africa.
So what can you advise in such case as to reopen my asylum case or a change of status through marriage.
I am not sure why you got WOR rather than asylum. But if you entered the US illegally, it will be very difficult for you to get a green card through marriage. It may be possible, but it would not be easy. You can talk to a lawyer to go over all the specifics with you, as it depends on many factor, which I cannot explain here. As for asylum, maybe you could re-open your old case, but that most likely requires either a change in circumstances in your home country, or evidence that your attorney was ineffective and caused you to lose asylum. Again, you would need to talk to a lawyer about the specifics of the case to know for sure. Take care, Jason
How long you have to wait until they let you out from the detention center after winning you with holding of removal ,my parents have the same case it’s almost a month from October 18 2071 til now November 11
Please let me know
Thank you
If a person win Withholding of Removal and the government does not appeal, the person is often released immediately. However, if the government appeals, the person usually remains detained during the appeal and until the case is done. Also, if the government deems the person dangerous, they can keep him detained indefinitely (at least in theory). Finally, if the government believes it can deport the person to a third country, they can keep the person detained during that process, though in general, the maximum time for such detention is 6 months. If your parents won their case and are still detained, it would be a good idea to talk to a lawyer to help them, and to understand what is happening. Take care, Jason
My parent Winn her case on 241(b)3 withholding of removal
It’s more than a month now ,and she is not hable to get out because she has 2 Misdemeanors and they are looking for a third country ,how long she has to wait for the process or she is able to get out under supervision. Lawyers said they don’t give information over the phone ,she doesn’t know yet if they appeal the case or not,what sure I do
If DHS appeals the case, your parent will not get out until the appeal is done. This information is available from either the DHS attorney, or by calling the computerized system (1-800-898-7180) and entering the person’s alien number, and then push 4 for information about an appeal. If there is no appeal, typically, the person will get out immediately unless they are a danger to the community. In most cases, there is no chance of removal to a third country (unless the person has permanent status in that country). The government cannot hold a person for more than 6 months in most cases, and if they do, you need to file a lawsuit to get the person out (this is rare – usually, they just release the person). Take care, Jason
Dear Jason,
I was an Intelligence Asset for the US Government during the Yugoslavian conflict. As a result of my actions several hundred lives have been saved, and many high profile military and political individuals hostile to the interests of the US Government have been eliminated. For that reason I came to US in 1997 and under the advise of a formal US Government agent, I have live on the shadow for about 10 years for fear of being located by possible non friendly individuals. During this time I meet my today wife with whom we have 4 children. All born and race in US including wife. In 2008 my wife have received the approval of I130 based on witch we have applied for I485. My application was denied base on grounds of inadmissibility for coming in to US without inspection. In 2011 an IJ have issued an WOR order. After 6 years of spotless reporting to ICE/EOR on my last week report the ICE officer handling my file have threatening my with detention if I will not apply for a passport at the embassy of my country of origin, despite the very basic conflict with WOR. I have been reschedule to report back on Nov 20 with the specific order to present a receipt as a prove of passport application. This will practically be impossible. No person on the right sate of mind will go on is on good will in to the enemy territory. I’m at a financial point where I can only provide food and a roof to my family do to the very limited options of normal life under an WOR. I know the best advice will be a professional attorney, but like I have just mentioned, we are just surviving from paycheck to paycheck. What it will be your advice on my story?
Thank you for your time.
If you cannot afford a lawyer, maybe try to get some letters from people you know from the time you were serving – ex-military officials might be best. Maybe you already have such letters from your WOR case. Better yet, if you have ex- or current military friends who can accompany you to the appointment, that might make an impression on the ICE officers. You might also try contacting non-profits like the ACLU or maybe a local law school that has a legal clinic (I did a post on September 22, 2016 that might help get you started). Another choice might be to send someone else to your embassy to ask about a passport for you – then that person can write a letter that they tried to get your passport. Finally, keep in mind that an order of WOR is pretty strong – you cannot be deported unless there is another country that will accept you on a permanent basis. You can be detained, but the law limits how long and it is very unlikely you would be detained if you cannot be deported or you have not committed a crime. Good luck, Jason
Thank you for your advise.
ICE asked to obtain passport from my Embassy in D.C. I was granted WOR based on political opinion, by definition the grounds of foreign embassies and some consulates, like vessels at sea, are considered part of the territory of the nation they represent. So by stepping into Embassy’s territory I do step to a hostile territory where I can be detained interrogated, intimidated. I have no desire to go over there to have any business because of my well founded fear which was established by my testimony and IJ order of withholding. Order of supervision states that I have assist the INS in obtaining any necessary travel documents. This order contradicts WOR and can I challenge this issue in Federal Courts?
If ICE is asking you to get a passport from a country where you fear persecution, I think you should talk to a lawyer about it. It does seem to me that this would be a potential violation of the WOR order, but I do not know, and I certainly think you should talk to a lawyer to try to protect yourself and represent you in your communication with ICE. Take care, Jason
Hi jason.
I came here from Cuba in 1980 i was 8 years old my parents where divorce and my mother gave me up to the state of florida at the age of 11. I went from foster homes to runing away to becoming an addict to comiting crimes you name it. I never did time in jail or prison but i did go in and out for many times. I apply after 911 for my green card 5 times and was denied i finally got a WOR and i do t feel safe. I have 5 kids that are citizens and been married for 15 years my husband is also a citizen. I wpuld lime to know if i can try to get my green card i have never had one. My parents both are citizens as well I live in fear i have been clean and sober for 19 years and counting but i just live in fear that at some point they can take my WOR without me knowing and try to deport me or something. Also my inmigration judge retired. Can i try one more time to apply and will they give me my green card?
Thank you Gby
I think you should talk to a lawyer about that. You should get evidence of your entire criminal record, as the answer to your question depends partly on what convictions, if any, you have. You might also get a copy of your immigration file by submitting a Freedom of Information Act request, form G-639, available at http://www.uscis.gov. With this info, the lawyer can best evaluate your case. Also, for all its down sides, WOR is a pretty stable status, and it is unlikely you would ever be deported from the US, but a green card is obviously better, and so it might be worth checking into. Good luck, Jason
THE US ALREADY TRIED DEPORTING ME IN 2002. I WAS GRANTED CAT BUT ALREADY HAVE A GREEN CARD. THE REASON FOR DEPORTATION WAS A CRIMINAL CHARGE. IF I RECENTLY PICKED UP ANOTHER CHARGE BUT HAVE NOT BEEN CONVICTED AN ARE MY CHANCES NOW?
You should talk to an immigration lawyer about this, as it depends on the charge and on what (if anything) you get convicted for. Take care, Jason
Hi Jason,
I got my withholding of removal in 2012,
But last week I got a letter from ice and the gave me o order
Of supervision.
They told me I have to report yearly ..
What’s the reason?
I don’t have any records…
Thank you.
Probably the reason is that they are just being jerks to everyone and they want to make your life more difficult. In such cases, if you report, they will have you come back every once in a while until they forget about you again. Hopefully, it will not be a big deal. Let us know how it goes, as that might help others. Thank you, Jason
How long do you have to reopen a WOR/CAT case? particular case, the individual doesn’t have to go in to Immigration every year. He had a GC at one point and was taken away because of his charges. His case was vacated but they gave him WOR/CAT.
I motion to reopen can be filed at any time if there are changed circumstances or if the court uses it power to “sua sponte” open a case. In a situation like that, you need to talk to a lawyer about the specifics of your case, and realize that in some situation, it is better to file the motion sooner (for example, after a change in circumstances), so the sooner you talk to a lawyer, the better. Take care, Jason
Hello,
Thank you for your insights on withholding of removal. I was born in Indonesia and came to the United States at the age of 3. Right now, I am applying to colleges. However, my status as withholding of removal further complicates the process. My parents and I have the same status. We were denied asylum because my father failed to apply for asylum within one year of arrival. I have a social security number and authorization to work in the U.S. On the other hand, I have never left the country and I am barred from certain opportunities. On the common application(application for college),I don’t know which citizenship status to choose. My options are:
-U.S. Citizen or u.s. national
-U.S. Dual citizen
-U.S. Permanent resident
-U.S. Refugee or Asylee
-Other
I know the first three options doesn’t apply to my case. But, if I choose “Other” it asks for my Visa type and number. I don’t see the appropriate visa for my case from the options provided.I started to fill out FAFSA and provided my alien registration number. What would be my appropriate citizenship status? Sorry for the long post, My early action deadline is November 1st and I’m really lost right now. Thank you.
None of those apply to you. Maybe your best bet is to choose “refugee or asylee,” and provide an explanation somewhere. Also, if you are still under 18 (or maybe just over 18), you might want to talk to an immigration lawyer about your situation. Maybe there is some way you can file an independent asylum case now and try to get asylum (rather than WOR). A minor child (under 18) can meet an exception to the one-year asylum filing bar, and it may be worth looking into whether there is something you can do about it. Good luck, Jason
Hola yo. Tengo 15 · (a)(10). Withholding of deportation or removal granted. Desde el 2008 y mis hijos también mi pregunta es si puedo tener problema ya q no segui presentandome alas citas de migración desde el 2011
If you have withholding of removal and present yourself for an appointment, we have not seen people having problems. Unless your country has changed and it is now safe for you to return, the US government cannot deport you and you should be safe. The only exception might be if you have been arrested for a crime. Take care, Jason
Hi Jason, i think she asked if she would have any problems since she stopped showing up to the immigration check-ins since 2011. Sorry to comment on this, just wanted to make sure you understood since it took me a little to understand it.
Thanks – I should not be trying to do this in Spanish. In that case, she might be detained if she comes into contact with ICE. Thank you, Jason
Im 14 years old in10th grade and have WOR. I came to the U.S. when I was 3 years old and couldnt apply for DACA because i was not 15 years old before it was nullified. Is there anything I can do to change my current status.
I think it is too late to do anything about DACA, but if you got WOR based on your parent(s), maybe you can apply independently for asylum. The one-year filing bar does not apply to people under 18, so maybe you can qualify for asylum. Talk to a lawyer about the specifics of your situation to be sure. Good luck, Jason
Hi Jason i have no question except that i want to know any update or outcome of case appeal on firm resstlement case,where your client was granted withholding of removal for the fact that they lived in south africa. I
I have a similar case and had a south african refugee status. IJ told me i met refugee definition and eligible asylum from my past persecution in Somalia but government found me firmly resstled in South Africa. I am thinking of reopening my case but keeping eye on your appeal. Thanks Jason
I wrote about that on June 22, 2017 – you can check that posting. The BIA found that the family was not firmly resettled in SA. Take care, Jason
Thank you Jason
Hi Jason,
I was granted withholding of removal but recently i was sent a G56 letter from ICE calling me for an interview and am worriedwhat do you think?
I do not know what that is. Unless your country has become safe for you, you cannot be deported. You might want to talk to a lawyer or bring a lawyer to the interview in order to protect yourself, but I have not heard about people with Withholding having their cases reopened. Take care, Jason
hello dear jason.
i’m in with holding of removal for 6 years.
i just send the form for renewal the work permit last week.
but today i got the letter from immigration and customas enforcement for appointment for case review and they ask for Form 1-220B too. whats is that?
(i’m in processing to file for green card as a worker for a big company too)
Thank you
I do not know what form 1-220B is. Hopefully, you went over with a lawyer how you will get the GC, as it is a bit tricky to change from Withholding to a GC, especially based on employment. In most cases, it would require you to leave the US and then get the GC at an embassy overseas, which may or may not be possible depending on the case. Take care, Jason
Un I-220B es un formulario de inmigración usado para establecer si el detenido puede ser liberado bajo supervisión intensiva. Usted debe encontrar todo lo que necesita saber sobre el programa,
Hi Jason. I was granted a WOR in 2003 and have been working using EAD with no issues. I also have to report once a year with no issues as well. My last check-in was a couple weeks ago and it went fine, except the officer decided to change the frequency from every 12 months to every 9 months. He didn’t say anything else. He just calmly mentioned the new schedule.
Is this something I need to worry about or I’m just thinking too much about this? Nothing has changed on my end. No criminal status change, no traffic violation, nothing. I know from your past posts, ICE can something change things up to stir up for uneasiness, fear, etc. But I just want your opinion about this. Thanks much.
The immigration bureaucracy is doing a lot of nonsensical things to make like more difficult for non-citizens. Maybe this is part of that pattern. In any case, there is nothing you can do about it, and there seems to be no indication that anything else is changing (and your WOR status cannot change as the law now stands). Given all that, I think there is no reason to worry about it, and hopefully they will go back to a less burdensome schedule if they see that you are complying with their requirements. Take care, Jason
Thank You Jason, for some reason my first question did not show up here, and I really need to find out and figure out a way to be able to get myself out of this misery.
My wife came in to US with a touristic ( b1 ) visa 3 years ago from Russia and now we have a child together, recently we decided to to move to Russia however we came in to a few obstacle. the Russian Consulate requires me to have travel documents in order to obtain visa, or otherwise I will have to move back to Iran and apply directly over there, which is impossible due to the fact that military in mandatory and I will need to serve for 2 years in best case scenario. would reopening my case after all these years help me in anyway? Is there any way for us to become legal? please let me know if there is any way for us. is ther anyway for me to have the travel documents to be able to move to russia?
I cannot answer the question with the info you provided. I do not know whether there is any basis to reopen your case. I suppose if you want to leave, you could try to reopen and get Voluntary Departure. I think that would be difficult to get and I am not sure exactly how it would benefit you (it might make it easier to return to the US if you ever want to return). I think you will need to talk to a lawyer to review the specifics of your case to see whether there is anything that might be done. I doubt there is, but I cannot tell from what you provided. Take care, Jason
Hi Jason
I have been on WOR status since 2008
And about couple of years ago I married to my wife who is a citizen of U.K.
We are planning to leave the country for good , but before we do so I have a questio. are there any forms that I need to filliout before leaving the country or anything that I should be aware of at time of departure? With the exception of 10 yearn ban.
Thank you
Ali
There is nothing to fill out. If you wanted to try to reopen your case and then request voluntary departure, you could try that, as it may make it easier to return here in the future. It is probably not worth the trouble, but if that is something you are interested in doing, talk to a lawyer to see whether you are eligible. Take care, Jason
Hi Jason,
I came to the U.S at the age of 7 with my parents. My father came a couple of months before I did, and someone stupidly instructed him to not apply for asylum. About a year or so later, he received a letter regarding the U.S Draft and that finally scared him enough to go apply for a status. Like you said, if a person fails to apply within a year of arriving in the U.S, he/she is automatically ineligible for asylum.
Long story short, my whole family is now withholding of removal, and my father recently left the country to go back to his country. Now because I wasn’t a legal adult at the time, I was given the status pretty much without my knowledge/consent (I honestly just learned of this about a year before I graduated from uni). I’ve lived here for about 16 years, went through the whole education system (elementary to high school), graduated from a university, and now am working as an engineer. I was wondering if, because of my situation, i’m eligible to possibly re-open the case on my behalf and try to get relief from withholding of removal.
Thank you,
Jonathan
I think you would need some path to reopen – like marriage to a US citizen or maybe a new basis to claim asylum, or maybe a job that sponsors you or a relative that sponsors you (those I doubt these latter options would work). Unfortunately, your situation is tricky, but you may want to talk to a lawyer to go over all the options. In part, it may depend on whether the DHS attorneys (the immigration court prosecutors) might be willing to be flexible with you in terms of reopening your case (generally, they are not flexible, but you never know). Anyway, it is worth a talk with a lawyer to go over the specifics of your situation and think through some options. Good luck, Jason
Hi Jason,
I have been in US since 1984 and I am 46 now. My status is also Withholding of Removal (A10). I have a US born child from a past marriage. He is 19.
I am looking for an attorney with expertise in this matter. I like to know if you think there is way for change of status for me once my son turns 21.
Thanks,
Maybe, but it depends on your case. If you entered the US with a visa and have no criminal convictions, it should be possible. Otherwise, it may not be. You should have a lawyer evaluate whether you can get the green card before you start spending money on the process. Take care, Jason
Hi. Jason:
I was granted for removal of withholding with category A 10.
I got married and I submitted the I-130. It was approved, I also got approved my visa and I paid it.
My attorney submitted the I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. But it was denied it says error and it also says that I leave the country several times which is happened more than 15 years ago, and now I have 30 days I have to send another application to appeal my case or to continue with something else. My attorney says that they will send all my documents of my declaration and the application of asylum when filed my case
My question is that my attorney could reopen and close my removal of withholding for a better shot. Or this a prior step before reopening and closing the case.
I just need to know more about this, I’ll be glad to hear your opinions and knowledge about this.
Ambrosio Lujano
I would need to know a lot more about your case to evaluate the best path. If you are still in the US, I am not sure whether the form I-212 is what you need. I think you need to reopen your case with the Immigration Court and proceed from there (depending on your case, you can then either get your GC in the US, or leave and get the GC overseas – but again, for some people, it will not be possible; it depends on the case). However, your lawyer may know more about this than me, and the I-212 may be a better path for you. If you appeal (or try something else), let us know what happens, as it may help others in the same situation. Thank you, Jason
Dear Jason,
I am seeking for your help I am Asylum applicant since 2014. My case referred from the USCIS to the Boston immigration court. My master hearing next week. My question is I might move to Chicago at the end of the year for 2 years for school. If I will change my address to Chicago area ( after the Master Hearing ) will that affect my EAD eligibility, my EAD will expire in December of 2017.
Please help me to have peace of mind I am just confused by (180 clock )and I want to make sure that I will not lose my EAD when I move Chicago . Also there is any way to leave my case in Boston when I go to school in Chicago ( like writing a litter to the judge explains to him that after I finish my school I will back to Boston area )
Thanks
It will not affect EAD eligibility. Once you have the EAD, the clock has passed 180 days, and so you can always renew your EAD as long as the case is pending (with the court or even with the appeals court, called the BIA). As for leaving the case in Boston, you can ask the judge about that, and if there is a valid reason, the judge may agree. Take care, Jason
I can’t express how to appreciate your help. THANK YOU, MR. JASON
Hi,Jason.
I from China , next month I have individual at count.
I can’t guarantee 100% to win my case.
So, can I apply WOR in the court?
Thank you.
Probably, at the Master Calendar Hearing, your lawyer told the judge that you would be seeking asylum, withholding of removal, and relief under the Torture Convention. It is standard to request all three. Take care, Jason
what happened to my question, i dont c it.
Try posting it again. Thank you, Jason
ive been married to my wife for 2 years been together for 5 years. i am here on withholding of removal, but i didnt let that stop me from livng my life. so my question is me and my wife have been vacationing all over america, but my wife wants to go to Hawaii or Puerto rico which are american territories. so can we travle there without any priblems.
Michael. I have Withholding of removal too. I bern in. Hawaii and USVU several times with no problem.
I would be very careful about US Virgin Islands, as you have to pass through customs to return to the mainland US. Hawaii is no problem, as long as you don’t stop over in Canada or some other country on the way. Take care, Jason
Hello I’m been having with holding removal for 14 years and I have a son who is American citizen and he’s 14 years and I was wonder when he becomes 21 he can request my status to become resident .. I heard that with my status of holding removal I won’t have a any chance…please I really appreciate if you can gime any advice..
It depends on your case – some people entered the US legally with a visa and have no criminal record, but for some reason (usually the one-year asylum bar) did not get asylum, but got Withholding instead. Such people may be able to reopen and get a GC based on their US-citizen child once the child is 21. Other people – for example people who entered illegally or people convicted of a crime – may have a much harder time getting the GC, or it may be impossible. Talk to a lawyer about the specifics of the case to see what you can do. Take care, Jason
i have witholdng of removal since 2012. i have been married for 2 years now to a citizen with 2 kids. my wife wants to go to my home country but because or my WOR oviously we cant. we have been vacationing all over the continent of the US. but my big question is, can we travle to other US territory such as Puerto Rico or Hawaii. like not a cruse but like a staright flight and back to our home here in the US without violating that cant travle outside the US
You can go to Puerto Rico, but you have to be careful about certain other territories. I did a blog post about someone with a status similar to WOR who got stuck in American Samoa (the post is dated October 17, 2012). Depending on why you got WOR, you might be eligible to convert your status to a green card based on your marriage. Talk to a lawyer about that if you think it is a possibility. Take care, Jason
my withholding of remaval is based on my sexuality beeing bisexual. and that a no no in my country of jamaica. but my wife saw the good in me and married me. she wants me to file for my papers but with withholding u cant adjust ur status. im not too worried about it tho. i just want her to b happy. so what if i have to renew my work permit every year it doesnt matter to me. i dont have to go back to jamaica i have nuthng there for me no more. i just want to make my wife happy and she wants to go to Hawaii. i just want to know if i can go.
There is no problem going to Hawaii (or Puerto Rico), as long as you do not travel on a route that requires you to leave the United States. Aloha, Jason
Hello Jason,
I was granted a WOR in 2003 in San Francisco Bay Area and since then I’ve been working with my EAD. I’m renewing my EAD every year and also reporting once a year with no issues. There’s a possibility that I want to move to Dallas for my next job. It’s a good career job and I think I want to take it if the offer is good
My question is, how is this move going to affect my status? I know I need to submit an address change. Is there anything else I need to do? Do I now need to report to Dallas immigration office? Or overall, is my status going to make my life more difficult in Dallas, or about the same as in SF?
Thanks much
Different ICE offices treat people differently, and I do not know whether Dallas is better or worse than SF. You have to file the change of address and you also have to let the ICE officer where you report know about the move (and keep copies of everything you send them, so you have evidence that you filed the changes of address, in case they ever ask you). In general, your situation should be the same wherever you are in the US. Take care, Jason
Hi Jason
I currently have A 10 withholding of removal. I would love to move to Puerto Rico. Would it be possible with this status.?
Second question: Can I travel to Us territories?
I feel like in big cage. since I cannot travel outside of the united sates or even visiting family in my home country 🙁
Thanks for your help!
You should be fine to go to Puerto Rico, as long as you do not go through any other countries first. As for travel to US territories, you need to be careful about that – I did a blog post on October 17, 2012 about a guy with a status similar to WOR who got stuck in Samoa. Take care, Jason
Can I legally work in Puerto Rico with the work permit I got from USA main land?
I don’t see why not – it should be fine. Take care, Jason
Hi Javier I traveled to Hawaii couple years ago without any issues just bring your card with you.
Thanks Mario!
Hi Jason my son has withholding of removal, he is married with a citizen 3 years ago, they are expecting a baby now they can apply for residence at the same time cancel the status of withholding of removal?
Maybe, but it depends on the case. They would need to reopen the court case, and close the case without a deportation order. In general, for people who entered the US without inspection or who have criminal convictions, this is more difficult. Your son would need to talk to a lawyer to go over the specifics of the case and see whether he can do it. Take care, Jason
Hi Jason: I was granted deferral of removal for being part of the LGBT community on December 8th 2016 by an immigration judge, i am a citizen of Honduras and I was placed on order of supervision as well, I have my second check in with ice next month and I’m worried of being re detained. I was convicted with evading arrest with a motor vehicle, the judge knew that and that’s why I was granted deferral of removal instead of WOR. Please any hopes.
I doubt you will be arrested. You cannot be deported to Honduras, and unless you have lawful status to live in a third country, you cannot be deported any where else, so there really is no reason to detain you. Unfortunately, ICE can try to make your life difficult by forcing you to report more frequently, or forcing you to go to various embassies and ask them to let you live in their countries (this is idiotic, but they do it sometimes). If this happens, you should comply with their requirements, and in most case, after a few months or a year, they stop bothering you. Take care, Jason
Hi, i entered to the states with a crew visa c1/d, i applied for asylum but the judge gave me withholding of removal now i have a partner and i wanna get married would that give me a greencard or permanent residence ?
Possibly, but I think it is a long road. You would need to reopen the court case and try to eliminate the removal order (WOR of removal is technically a removal order that has been “withheld” as to your country). The either you could adjust status in the US (which I think you probably cannot do if you entered as a crew member, but I am not sure) or go overseas to get the green card, which may or may not be possible. In other words, even if this is possible, it is not easy. You should talk to a lawyer to determine whether it is possible, and whether it is worthwhile, before you start spending money on this. Take care, Jason
Hi Jason,
I have WOR from 2007 and last year I did married to a us citizen. We applied for I-130 and did get approved. I contacted a layer and he told me that I cannot fix my status here in the us because when I entered the country I entered as illegal and for this reason I have to go back to my country and have an interview over there to get a visa to renter legally, but if I leave the US I cannot apply for a visa because of the 10 year ban….. does this make sense to you. I think during Obama some new orders were put on place that you can wave these things without leaving the US. Is this correct?
Thanks.
There is an exception to that rule (under INA 245(i)), but to qualify, you would have had to be in the US before December 2000 (among other things). I think you would need a provisional waiver to get your GC overseas (form I-601A), and if you got that, you could return, assuming there are no other bars in your case. The first step would be to reopen the court case, and close your case without a deportation order (anyone with WOR technically also has a deportation order, and you cannot to the I-601A if you have a deportation order). In short, this is complicated and may very well not work, but there may be a path for you (though again, I do not know that for sure). Good luck, Jason
Hi, I have withholding of removal I won that 3 years ago, no problems in this past 3 years until now, i fight with my boyfriend and im been charge with disturbing the peace and assault is this charge can affect my status?
Thank you
no it wont affect your status,you might be detain by ice but the chance of been deported to your country is less..You can not be deported because of your status with WOR,they might look into a third country to send you there but most of the time it does not happen..
A charge should not affect your status, but a conviction might. Make sure your criminal lawyer is aware of your immigration status. I doubt a conviction based on this charge will have any affect, but it is better to be cautious about these things and make sure the lawyer knows about it. Take care, Jason
Hey Jason I have wor would I be able to travel in the country not of if the country like New York places like that
If you have Withholding of Removal, you can travel inside the US, but you cannot leave the US and then return here. Take care, Jason
Our family was granted withholding instead of asylum, because we filed after 1 year in the states due to bad counseling. Some people have recommended my children to apply for DACA since there is conversation about a DREAM Act on the table. Our fear is that if they apply for DACA they will no longer have the benefit of withholding, and if the Government decides to cancel DACA they will be deported to our native country which at this moment is in big turmoil. Their ages are 29 and 26. It is true that they will lose the withholding status is they apply for DACA? Your opinion is very valuable and highly appreciated.
You should probably talk to a lawyer about the specifics of the case, as I do not know about that. However, I think they cannot qualify for DACA unless they give up Withholding (Withholding status is technically a deportation order that has been “withheld” as to the home country). To do that, basically, they need to re-open the court case, and then terminate proceedings without any deportation order. Then they can apply for DACA if they are eligible. Frankly, in my opinion, this will be difficult and it is not a good idea, but since I do not know about the case, I could be wrong. Another option – if they are eligible – is to marry a US citizen. Then they can re-open the case to get a green card based on marriage. I do think it would be a good idea to discuss all this with a lawyer to know better what the options are. Take care, Jason
Thank you! You have confirmed what I was thinking
Hi.. I just read you story and wanted to help you. In your case you can certainly apply for Daca without giving up your WOR status..and also to save your money, you can still use your work permit through WOR, you don’t need to apply work authorization through Daca.. and once and if the DACA status comes to an end , you can still stay on your WOR status… i am very confident about what I am saying to you….
Hello is someone is in the country with a withholding removal status and was sentenced to 14 months of prison for possession with intent to sell marijuana (4 pounds), 2 charges of driving with a suspended license (both felony), and possession of marijuana over 20 grams in the state of Florida are they subject to deportation when their sentence is over? Thank you for your help
They might be – The person could still try to qualify for deferral of removal under the Torture Convention and if they win, it is basically the same as having Withholding of Removal. I recommend the person talk to a lawyer to evaluate whether the person is deportable. In the alternative, the person could wait to see what the US government does – if they try to deport him, he can fight the case in court. Take care, Jason
Hi im withhold with ice can apply EAD
I may not understand your question, but a person with Withholding of Removal is eligible for a work permit – you can check the EAD form,I-765, available at http://www.uscis.gov, for how to apply. Take care, Jason
Thank you i was mean im withhold of dopration
Can people with WOR adjust their status through a US citizen child family petition? I have a client who has been here almost 20 years now. They overstayed a tourist visa and got WOR about three years later.
If the child is over 21 and there is an approved I-130, they may be able to do that (assuming they are otherwise eligible), but it would involve re-opening the court case, terminating the case without a deport order, and adjusting status with USCIS (or alternatively, adjusting status with the court). Take care, Jason
Can you cash your social security if one wants to leave to another country?
I do not know about that, sorry, Jason
I was granted deferral of removal under CAT and my yearly report date is coming up in September but I am concerned about the current policy. Is there something that can be done prior to going in case DHS decides to detain me?
The government has the power to detain people who have CAT deferral, at least for a period of time. Generally, they do not detain such people unless they believe you are a danger to the community. You cannot be removed to the country of feared persecution, and if there is no other country where you can live permanently, the government cannot legally remove you. Hopefully, this will be enough to protect you at the check in (and I think it probably will be enough). If you are worried, maybe talk to a lawyer so you are ready in the event that something happens at the interview. Take care, Jason
Hi Jason,
Thank you for your response.
I lived in the US since 69, was deported (due to criminal drug conviction) in 95 and tortured on two occasions in South America and returned to the US in 2002 and requested asylum. 7 years later I was granted deferral of removal under CAT. Have been living here ever since and working along with being married to a US citizen (which I know makes no difference). Just wanted to provide more insight about my case.
These facts could make a difference depending on the case (and especially depending on the conviction). It won’t hurt to go over the case with a lawyer who can review the specific situation and maybe give you some ideas. Take care, Jason
I win the withholding of removal the inmigration officer told me I have to applie for another country
He trie to do something but with me?
They sometimes do this, but if there is no other country where you can live permanently, the government cannot deport you. Again, if you are having this problem, you probably want to talk to a lawyer about the specifics of the case to see whether the lawyer can assist you. Good luck, Jason
I win Witholdind of removal
I go every year to inmigration office for supervision because I have an deportation orden 27 years ego
Because I never receive the order for show up on court
My husband he applied for I- 130 on June 2016
I don’t receive the answer
I don’t what I have to do
You should have a lawyer review the case. Even if the I-130 is approved, you may not be able to get your green card. It depends on the case. You can call USCIS to inquire about the I-130. Tier phone number is on their website http://www.uscis.gov. If that does not work, you can try the USCIS Ombudsman – a link is at right. Take care, Jason
Thank you
Hi,
I’m a naturalized U.S citizen and have married a Venezuelan in Sept 2015 in Alabama. He was denied withholding of removal because of a third possible country. I applied for I-130, and that was approved in Aug 2016, but we never received it. It was sent to an old address, so we have applied for a I-824 for a duplicate copy three months ago. We just received a letter saying it has been transferred to a different office in Lees Summit, MO. We called them requesting a processing time, and they said it might take another 6 months. We don’t know what to do anymore. We have been married almost two years now, and he has been denied a workers permit twice already. Can you give us any advice on what to do next, and why its taking so long?
Thank you.
If he was denied Withholding, he may have a deportation order, which could be the issue (though USCIS should still process the I-130 and the I-864). You can also obtain a copy of the approval if you file a Freedom of Information Act request using form G-639. This is free and you get a copy of your whole file, and it usually takes less than 6 months (maybe 3 or 4 months, but it is hard to predict). If you think he has a deport order, you should have a lawyer review the case. Take care, Jason
Jason,
should I be the one filing the G-639 or him? or does it matter? I’m asking because they denied the I-864 the first time because of incorrect applicant.
Maybe you should both file G-639 forms – you, so you can get a copy of the approved I-130, and your husband, so he can get a copy of his file and see the disposition of his case. Anyway, it is free, so there is no harm in both of you doing it. Take care, Jason
Hi Jason,
Me and my family have WOR since 2008. Our asylum application was denied due to a possibility of a 3RD country. After a couple of moths of the sentence we received a citation by ICE and on that they put us under an order of supervision. As part of such order we signed a document that in which we understand we should be looking for a document to leave the USA. We have been OK for the last 7 years, but now with the new guidelines setup by the Trump administration, I am worried that I can be detained during my next supervision visit. We have behaved well; have no problems with the law and have never missed an appointment. I don’t know what to do, if it is there any options to adjust status or what preparations should I be doing if the worst is to occur.
Thanks for your answer.
First, WOR is a powerful status – you cannot be deported to the country of feared persecution. The questions is, Can you be deported to a third country? Maybe if you have some evidence that you do not have status in the third country, you should bring that to your next check-in. Such evidence could be a letter from the third country’s embassy, or a letter from a lawyer in that country, or maybe something else. Whether you can change your status to something better, I do not know, but you could talk to an immigration lawyer here to go over your case and advise you. Also, anyone with WOR can be detained, but in the situation you describe, it sounds unlikely, even under Trump, unless the government really believes that they can deport you to a third country. Take care, Jason
Hi Jason: I was granted with a10 in 2013 because my lawyer wasn’t enough good to fight for my asylum to tell the true. How ever I have a clean record never and ever I did anything wrong in this country. I enter to USA with a VISA Is possible to reopen my case and looking for asylum to go forward for a green card later years or it is not possible??. Thank you.
Maybe – there are many reasons to reopen. One reason could be that the lawyer made a mistake that caused you to lose your case. You may want to talk to a new lawyer to evaluate your case and whether there is any possibility to reopen on this basis (or on another basis). Take care, Jason
Hi dear sir . If you could email me a phone number I can call see how much your retainer is . Thank you
You can find all our contact info at http://www.dzubowlaw.com. It is best to email, as a number of our employees are on vacation now: Jdzubow@dzubowlaw.com Take care, Jason
Hi
Also I was granted WOR back in 2008 and I wanted to know if it’s too late to apply for CAT?
I had presented substantial documents for this matter , nevertheless WOR was my only option 🙁
In fact I didn’t know anything about CAT until I read your comments.
It is probably too late, but even if it was not, it would not matter. The “benefits” of CAT and Withholding are exactly the same, so there is no advantage to having one over the other. Take care, Jason