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 sir,
i get granted asylum wor,just want to make sure wor can be deported to their country or not?also can i adjust my status after 10 yrs in this country or not?thanks.
If you have WOR, you cannot be deported to your country. However, you cannot adjust status unless you find some other way to do so (marriage to a US works in some cases). You get a work permit and can stay in the US, but you can not get a green card or become a citizen, and you cannot travel outside the US and return. Take care, Jason
Hi I have a Question l have my case open but I want asylum but all the lawyers that I had bee they told me that they can fight an holdingremoval I have one year to be in the USA but my Appointment court was on February more than a year Is that possible that I can fight an Asylum?
I am not sure I understand the question, but if you are asking about the one-year bar, there are some exceptions to that rule. I wrote about that on January 18, 2018. Take care, Jason
Thank you
Can they Fight a asylum for me or just A Holding removal
I do not understand the question, sorry, Jason
😥
Hi Jason.
I was granted WOR so i want to find out if i can reopen my case and get married to a US citizen and adjust my status to a green card holder.
I came into the states illegally through the border and turn myself in to the border immigration in Texas, so please let me know if this can be possible for a green card.
If you entered illegally, you probably cannot get your GC based on the marriage unless you first leave the US. This will be very difficult given the WOR (which is technically a deportation order). Basically, you would have to get an approved I-130 marriage petition, reopen the case, get voluntary departure and at the same time, get approved for a provisional waiver (form I-601A), leave the US, process the GC at the embassy (probably not your home country due to the WOR), and then return with the GC. This may not be possible at all, or it may be possible for you to get the GC without leaving the US (though unless you have been here since 2000, that is very unlikely). In short, you should talk to a lawyer to evaluate the case, but I am very doubtful it will work, and so be careful not to pay a lawyer unless you clearly understand the situation and that there is a possibility of success. Take care, Jason
Thanks for the information Jason.
Can i reopen my case and appeal it to get full Asylum.
Someone told me i need to reopen my case and fight for asylum before the 1 year dateline pass and if it does pass the 1 year dateline since from the date i was release from detention i will not be allow to reopen the case and fight for Asylum.
I just need to know if this is true or what should i do to reopen my case and fight for Asylum.
I believe the deadline for a motion to reopen is 30 days or 90 days. If you have new, previously unavailable evidence, you can try to reopen at any time. Or if you had a lawyer who was incompetent, that might also be a basis to reopen. Talk to a lawyer about these options, but in general, reopening a case is very difficult. Take care, Jason
Is gay marriage legal in New Jersey, New York or CT ?
I believe so, but I do not know for sure. For purposes of immigration (which is federal), gay marriage is legal. Take care, Jason
Hi jason this is my second msg I’m not sure if the first one went through
Jason I moved at the states on 2006 from Kosovo for political reasons I crossed the border at Texas and I got caught and went to jail and got out with attorney,i live at New York and at 2008 my hearing was held at Newark New Jersey,and I for granted with withholding of removal,2 and half years ago I hired an attorney from New York City he at that time he told me that there wasn’t going to be a problem to reopen the case and apply for green card which all of that was a lie he just wanted the money the 18k that he changed me for 2 and half years,soo he applied two times for motion to reopen and I got denied both times,I’m Real estate investor I’ve invested soo much for me to know now that I can’t never travel anywhere out of this country and I can also be deported if any law changes for bad,even banks now they don’t wanna work with me no more because they not sure what’s going to happen with me and it sucks,my question to you is that has anyone ever got their status changed with withholding of deportation or is it even possible to do soo,and if there is how can I do it or who can i talk to about this matter is there anyone out there that can help ,or are they going to change this law anytime soon I would appreciate any answer or tip thank you very much
I replied to the first message. Take care, Jason
Hello, Jason
Thank You for all information on this website. It’s very helpful.
Please, advise how do I remove my ex-husband from my asylum application. We got married before I applied for asylum (I’m a principal in this asylum case). We got divorced while I’m still waiting for my interview. How do I notify USCIS for this life changes? Do You know if USCIS would be able to deport my ex-husband because he would be no longer in my asylum application?
Thank You ,
Best regards,
Lyusya Ayrapetyan
You can bring a copy of the divorce decree to the asylum office. Make sure you include your Alien number, so it can be matched with your case. You could also contact them and include a copy of the decree and ask whether they can remove him. But if you are divorced, he cannot benefit from the case. Whether he will be deported depends on whether he has any basis himself to remain in the US. Take care, Jason
Hi
Just in brief : I have an individual hearing soon but not yet, I filed asylum in 2014 , during that period to till dated I have some minor traffic violation like camara red light ticket and parking ticket , also I have some car accident like bumper to bumper . In addition I gots one accident on 2016 , three vehicle crash(just bumper damage) in one lane I was at middle of both cars , front car owner trying to sue me , she file a suite on me, insurance attroney are working on it , my question
Does that makes me ineligible for asylum like minor traffics violation and bumper to bumper accident ?
If you are asked about your traffic record, you would need to reveal it. Also, if you have been charged criminally in any of the cases, you would need to reveal that too. If not, I do not see why this would have any impact on your case – in general, traffic offenses that are non-criminal have no effect. Take care, Jason
My husband was granted WOR on the 13th of March, it took the IJ. 2 months to make the decision after the last court which was in Jan. Please when are we expecting his release.
It depends on the case, but in most cases, the person would be released very quickly (that day or the next day). If he has a long criminal history or is considered a threat, they may choose not to release him. If that happens, you need to talk to a lawyer. Take care, Jason
Hi Jason
I am granted WOR IN 2006 since apply travel documents
There prove me I got 4 travel documents I travel 4 time
Now there call me to came ice office next week I know what think about it
I am surprised you could travel with WOR, even with a travel document. ICE has been calling WOR people for meetings. They seem mostly to want to harass and threaten people, but they normally do not have the legal authority to do anything to you. Sometimes, they ask you to visit several embassies and apply for residency in those countries. This is a waste of time, but they do it to harass you. Usually, if you comply, they eventually leave you alone. Take care, Jason
Hi Bernadine, my fiancé won WOR in November. He was supposed to be release for serving his criminal sentence in February. But ICE picked him up and they will be keeping him for 90 days for “trying to find him a 3rd country” so basically he will not be realeased until May. Please keep in mind that you’re husband might be held for another 90 days. I really hope your husband will have better luck and they will release him faster.
ICE is just being punitive. They know very well that no third country will take your husband, or any other immigrant for that matter. Hopefully he will be released before the 90 days. Good luck, Jason
Dear Jason,
A friend of mine is in detention. He is an asylum seeker, but asylum was denied. He has very little time to submit paperwork, but doesn’t want to appeal. He just wants out of detention, but not to his home country. What can he do to request deportation to a third country. He’s been writing letters like mad to every consulate he can think of. No lawyer in the picture. Any advice would be helpful.
He may want to appeal to buy some time. If he can get voluntary departure (or if he has it), he can try buy the plane ticket and try to leave to a third country, as long as he has permission to enter that country (some countries do not require a visa – Ecuador is one example, though now they do require visas for a handful of countries). I do not know if DHS will accept voluntary departure, but he can try. Without a lawyer, it will be difficult to negotiate with DHS or ICE. If they end up deporting him, I think they will send him to the home country. Take care, Jason
Thank you for being so responsive. I imagine you have tons of work, so I thank you for taking the time to respond my query, and to all of the other queries here.
Good morning Jason, my father is waiting for the appeal for ( CAT AND WITHHOLDING ACT ) after the court, can you please tell me what we can What can we expect? the judge made it credible his problems but did not see any danger for him in Honduras, my dad is gay ( he was threatened and tortured when he was in Honduras)
My father is in custody for 7 months now
Appeals to the BIA normally take 6 months to a year, but it depends on the case. If he is detained, it is usually about 3 or 4 months, or maybe faster. Good luck with the case, Jason
Thank you so much to respond back to me , he can get denied again ?? How the appeal work ? Our lawyer tell me is only paperwork
If he is denied by a judge a you appeal, it is only paperwork and the appeals court usually makes a decision based on the written submissions and the file from court. Take care, Jason
Hi Jason,
A quick follow-up on your response to my query about being deported to a third country. You mentioned that voluntary departure might be an option. I’ve been told by another lawyer that the statute bars someone who has sought asylum from also seeking voluntary departure. They’re saying my friend is not eligible for VD because of this. I just want to clarify this detail. Can you help?
That is not correct. Voluntary departure has its own requirements, and your friend would have to meet those, but a person can apply for both (though I think you can only get VD in court, but I am not 100% sure about that). Take care, Jason
hi my name is Florin,i have the same problem with status withholding of removal, i receive that 4 years ago after 11 years of waiting for lawful status and spending my youth.
i come here in 2004 thru mexico jumping over the fence with my wife and my 3 little babies. i turn myself in, right in the border and i ask for asylum, they hold me in custody for 3-4 days with my family, and they give me some paperworks for alien wich was good to throw that away to the gardbeach!
reason why i left my country:
i have run away from my country because i was discriminated and i have say: i dont want my kits to live and work in ROMANIA to be discriminated just like as ,because in ROMANIA gypsies are discriminated for hundreds of years till today, but i do not know the problems here are even worse
and i have to become a slave without having a direct owner!
so when i came to states i dont realize i will gonna wait for the rest of my life with no hope and results.
working very hard for spending every single penny with immigration.
so basically i have spending my life away from my family,friends, couple of my relatives and family died,my mother in law she died last year, my youngest brother died last year and my ant to, and i was not able to go see them at funerals
i left home to came to the promised land of freedom and i just get nothing!!!
5 years i been driving with my Romanian driving licence expired, and i was working every kind of jobs without paperworks, because the government they don’t give me work permit, but they was asking for a fix address, wich mean to pay for rent, lawyers, and to be honest amin to not make any criminals things to make money,ware was necessary to have a lot of money to pay attorney and rent and to fit my family. and a lot of money to spand with lowers and a lot of translation of paper works.
anyway i bean working (autopaiting) day and night just for this to optaine the paperwork.
when i first come to UNITED STATES i come to maryland the insurance in maryland every month was 600-700 $ because no one insurances companies was able to give me insurance without driver licence from UNITED STATES ! how to pay for insurance,rent,food,attorneys, paperworks translation, wich was 110$ a piece of paper???
and after 2 years i have moved to C.A just because auto insurance ,and here in california after 3 yers they give me work permit and now 4 yers a go they give me this status of withholding of removal.
my question is: if I open the case of emigration I will lose this status.
It would depend on what type of case you have. If you have withholding of removal and you entered the US without a visa, you have very limited options. Maybe try to find a non-profit to help you – you need to speak to a lawyer about the specifics of the case to get an answer. You may be able to find a free lawyer. I wrote about that and provided a link to some resources on September 22, 2016. Take care, Jason
Thank you very much Sir for your answer!
Hello sir, I came to USA five years ago on b1 /b2 visa. I don’t have any status over here. I have a us citizen child. My question is can I apply for asylum after five years as I fear for my life and life of my family will be persecuted if we were to return to our country. I had intercaste marraige. My husband is Muslim and I belong to Hindu religion jat caste from the state of Haryana. I fear that my family and the khap panchayat community of haryana may kill us for honour. Honor killings is very common there and I don’t trust them at all. Also can I apply for apply if I am into removing proceedings after living here illegally for years.
You can apply for asylum, but you will have to contend with the one-year filing bar. I wrote about that on January 18, 2018. If you are placed into removal proceedings, you can also apply, but if you are picked up by ICE, you risk being detained during your court case, which makes it harder to gather evidence and win. Take care, Jason
If am denied approval for assylum. Will my children be deported too?
If your children are dependents on your asylum cases, and you are ultimately ordered deported, they normally would also be ordered deported. However, it may depend on the case. Take care, Jason
I share your distaste for Withholding of Removal. I suppose one of its redeeming qualities is that it a hair better than Deferral of Removal. I’m curious, is it your experience that recipients of Withholding of Removal under CAT are able to apply for EAD under the (free) (a)(10) category, or if they need to apply under the ($410) (c)(18) category?
I am sorry to say that I don’t remember. I thinks (but I am not sure), that we have done that for people under a-10, but we don’t have too many cases where the person received CAT. Take care, Jason
I was granted federal of removal under CAT. My attorney file my EAD application under section a-10 and it was denied, the second time he filed the application under
c-18 and it was approved.
I meant “deferral of removal under CAT”
Thank you for letting us know, Jason
Hi jason,
I was granted WOR . I recently got approved for tps . My question is am i able to go visit my country through tps even though i have the WOR .
Thank you
I do not know how that would play out, but my instinct is that it would be very bad, especially if TPS ends for you. Also, you might be venerable to detention once you return to the US. Talk to a lawyer to evaluate the situation. Take care, Jason
Hello,
I have Withholding of Removal status am I eligible for retirement benefits? I get paid with W 2 tax form at work. On my check there is a deduction for Medicare, social security number etc. Are all my taxes that are paid for Medicare and ssn are paid in vain?
I don’t know and it is a very good question. Maybe a tax professional could help with that, but I am not even sure since it obviously involves a question of immigration status. Maybe one of the large immigration policy organizations like American Immigration Counsel would know about that, but it will be difficult to get their attention for a question, since they are currently occupied by the immigration issues in Congress and with the Dreamers, among others. If you do get an answer, please let us know as it would help others. Thank you, Jason
Thank you for replying ! I will letting you know if I have got an answer.
Hello. My husband was granted Convention Against Torture last year because of his criminal history. ICE tried 3 countries to send him to before they released him from ICE. Obviously the 3 countries they tried said no. Upon his release he is required to see an ICE officer every month since. This last month the immigration officer asked us to pick 3 countries ourselves that he wanted to “live in” (or to be sent to). So we picked 3 countries and now his immigration officer is saying we have to write a letter to the Consulate of each of the 3 countries to see if they will accept him. We are a little unsure on how to write the letter. I know to mention who he is and address and his criminal history but is it a good idea to mention he has been granted Convention Against Torture? Do other countries accept people with serious crimes (or crimes of moral turpitude) IF they have been granted CAT? Thank you. I am really stressed and dont want to write the wrong thing so that a country would accept him! He has family and a life here.
This is a ridiculous and pointless exercise. No country will take him, and ICE knows it, but they make you do this anyway. If you comply, eventually they should leave him alone. He can just write a letter requesting residency in the country. He may want to indicate that he has a criminal history here (I would not be too snarky, since you will have to give the letters to ICE). I would send the letters by certified mail so you have proof that you sent them. In the alternative, some embassy websites have applications for residency, so he could complete that and submit it. I do not think you need to be too stressed about this – ICE does it to many people, and it seems to me that basically they do it because they want to mistreat people and cause them unnecessary stress. Take care, Jason
Thank you so much! You have honestly helped us from stressing so bad! I will do what you said! Thank you
Hi Jason,
After completed the individual hearing the judge changed. Whether the case will continue to complete the decision or Re-trial with new judge？
Thanks!
Usually the old judge will issue a decision, but if not, probably you will need a new trial. Take care, Jason
Is that mean the court recording, the judge’s notes, is null and void in the new judge ?
No – everything that is part of the record (transcript, notes, evidence) with the old judge is part of the record with the new judge. Whether the new judge pays attention to the old documents depends on the judge and on the case. Take care, Jason
Hi Jason,
Because the case just waited for the final decision and was very beneficial to the respondent. In immigration courts, different judges have different interpretations of the credibility of the case. How can ensure that the new judge will be able to proceed with the previous documents to give a decision? Is there any law to support? Because of the retrial, the continuity of the case was lost, which is very unfavorable to the respondent.
Thanks!
The judge has the file. If you feel you want to resubmit documents, or submit a brief explaining your position, you can do that. Also, your lawyer can communicate with the DHS lawyer about the case. These are about the only things you can do. How the case proceeds will be up to the new judge. Take care, Jason
Hi there! I keep hearing “depends on your case” as an answer to “once I am married to a US citizen can I apply for my green card” – this being in cases with people who have the status “withholding”
In 2012 I was granted this lovely status myself. I do not have a criminal history, I have been working and paying taxes…I renew my EAD every few years, last few years I have been renewing with the code the corresponds with DACA. I have not been on order of supervision due to this.
In July of 2017 I got married to my husband who is a
UC citizen, we are now wanting to file for the I-130 and begin my process.
So…my main question is – what does “depends on your case” really mean?
Thank you in advance!
It means, if you entered legally or illegally, if you entered prior to December 20, 2000 and someone filed a petition for you (or maybe your parents) prior to April 30, 2001, if you have a criminal history, if you have entered the US more than once, etc. There are too many variables to diagnose such a case in a forum like this. For that reason, it is worthwhile to have a lawyer go over the specifics to see what you can do. If you can get a green card instead of WOR, it is well worth the effort. Take care, Jason
If the applicant gets married (to an American citizen) after or before getting withholding of removal, would they still be illegible for Green Card?
It depends on the case – If you entered the US legally with a visa and have no criminal issues, you are probably eligible for the GC. If not, you might still be eligible. In either case, you should talk to a lawyer about the specifics of the situation to be sure that you can qualify and to help you move forward. Take care, Jason
Hi Jason, I just got my work permit and got my first social security card, I was granted deferral of removal last year, on my SSN says “valid to work with DHS authorization only” does that mean that I can’t build credit on my ssn, such as getting credit from car dealerships or getting phones with phone companies such as T-mobile or getting student loan? Etc, I just don’t get why the ssn have such a language note on it.
I am not sure about the SSN question. If you have deferral of removal under the Torture Convention, that is technically a removal/deportation order that has been “deferred” as to the country where you fear torture. In a sense, it is a strong status, as you cannot be deported, but in another sense, it is not a great status, as discussed in the article above (deferral is similar to WOR in most respects). Maybe you can talk to a tax professional about the SSN question. Take care, Jason
If an applicant accepts the Withholding of Removal, what happens if they get married to an American Citizen? Would the applicant get a Green Card still? What if I’m engaged but not married now (tho I don’t wanna get married for the purpose of Green Card, otherwise I wouldn’t bother applying for an Asylum).
Being engaged has no effect. If you are married to a US citizen, it may be possible to reopen the case and get your green card, but it depends on the case. Talk to a lawyer about the specifics to see if you can do it. Take care, Jason
Hi Jason.
I had WOR of removal recently and i was release out of detention and they gave me an instruction paper and on the paper it says i can’t travel out of state and stay for more than 48 hours and if i most travel out of state i need to inform the immigration to notify them about my travel and where am travelling to.
So i want to know if this is necessary to do so and if i have to do this all the time that i need to travel.
I want to visit friends and family in other states but am scared to visit because of what the documents says and i don’t know what to do so please your response would be highly appreciated.
Same here… I always making travel plans in states for my son’ s spring break, summer break and winters too.
So do I need to do reports before any traveling?
Thanks a lot!!
You only have to make such reports if you have been ordered to do so. Take care, Jason
Thank you!!
It sounds like you can travel, as long as you notify them in advance. Try it and see what they say. Sometimes, once you comply with their orders for a while, they ease up and leave you alone. Take care, Jason
Hi Jason.
I was granted WOR recently and i just applied for my work permit and is been over 3 months now and i have receive any update except of the confirmation letter that i receive when my work permit was summited with the receipt number.
Do you have any idea why is taking too long for the work permit to come out because i have been staying at home waiting so i can start working and is more than 3 months now.
Unfortunately, everything is slow these days. You can call USCIS to ask – their number is at http://www.uscis.gov. In the future, I believe you can file up to 6 months before the old card expires (check the instructions to be sure) and I recommend you apply as early as you can. Take care, Jason
Hi Jason.
Thanks for your response but am new in the states and this is the first time that am applying for my work permit.
I did call the USCIS many times and all they said is that they created a service request for me and gave me 15 to 30 days to wait and the days they gave me has passed and still yet no information from them.
I was told the work permit takes 3 months to be out but when i called the USCIS one guy told me i have to wait up to 6 months time.
I’m so upset and don’t know what to do.
All the processing times are slowing down. Unfortunately, I do not know what else you can do. Most everyone is having the same problem. I suppose you can go in person to ask. Make an Info Pass appointment at http://www.uscis.gov. I do not think that will do much more than a call, but you never know. Take care, Jason
Hello my name is Rebecca i was wondering if anybody could give me some advise. My husband just had his first master calendar hearing. His lawyer is applying for withholding of removal but the judge is asking for proof that my husband can not go back. what kind of proof can i show?
The lawyer should be advising him, and if the lawyer is not, your husband needs a new lawyer. The lawyer should explain the whole process to him and tell him what evidence he needs. Many immigration lawyers are dishonest and lazy, and so you need to be careful. If the lawyer is not doing his/her job, you need a new lawyer. As for the evidence, it depends on the case and I know nothing about the case, so I cannot advise you here. Take care, Jason
Hello Jason, my fiancé has been convicted of a crime and while he was serving his sentence, ICE took over and put him in deportation proceedings, we won the WOR for him in November, he is suppose to be released next week from the federal prison but as of right now ICE still has a detainer on him. And he was just informed that instead of releasing him they might transfer him to a ICE facility so they can try and find another country for him to be sent to. . Do you have any idea how long ICE can keep him. On February 6th would be 90 days from the court date.
There is a Supreme Court case called Zadvydas that basically says ICE can detain a person for no more than 6 months, unless he is a danger to the community. It is highly unlikely they can find a third country to take him, and hopefully, they will release him quickly. If not, you might want to talk to a lawyer for help. Take care, Jason
hello sir, my dad is imprisoned in krome immigration center and the WOR was credible in the interview, but he has an appointment with the judge next week, WHAT CAN WE EXPECT FROM THE JUDGE?
Thank you an avance
I do not know what you mean by the “WOR was credible”. If he is seeing an Immigration Judge, it means he is in removal proceedings for some reason. You need to find a lawyer to assist you with the case. Take care, Jason
Good morning and thank you for you time, in the interview with the asylum officers he was credible by the Withholding of Removal they gave him court day with the immigration judge for 02/05/2018, what we can spend that day?
The asylum office does not have the legal authority to grant Withholding of Removal, so maybe they just referred him to court where he can present his asylum case again. Normally, the first court hearing is a Master Calendar Hearing, and it is pretty short. The judge might schedule a final hearing for your father to present his case. You should try to get a lawyer as soon as possible to help him. Take care, Jason
Cary any question write at
isabelandosito@yahoo.com
Hi Ann, my dad went to court and the judge gave him the opportunity to appeal in the case of CAT AND WITHHOLDING ACT, what can happen now?
If his asylum was denied and he was granted CAT (Convention Against Torture) relief, he can appeal and try to get the appeals court (the BIA) to overturn the Judge’s decision and grant asylum. The judge should have given a deadline for the appeal, and he must follow that if he wants to appeal. Otherwise, the order is final, and he can stay in the US with CAT (which means he gets a work permit, but he cannot ever get a green card or travel outside the US and return). Take care, Jason
Hi Cary I was at the same situation like you I’m understand what you mean, when you dad sees the judge he will immediately will release him, I’m from Miami
thank you very much Ann, we are very afraid that the judge will make another decision and deport him to Honduras, my dad’s life is in danger in Honduras, we only ask God to help him
Don’t worry about that.
Basically the day of the court the judge will ask almost the same questions but if the credibility interview has already been approved the judge endorses that to decide to give him freedom do not worry about trust in God.
I already told my family what you wrote to me and we are positive, thank you very much that we did not know anyone with the same problem or who has gone through the interview and then the court with the judge, GOD BLESS YOU
I am not sure I agree with this – the judge can make an entirely new decision. So he needs to be prepared to present his case. Take care, Jason
Hi everyone. Recently was announced that there will be changes to immigration law still in progress. does anyone knows if there is an indication that shows changes to withholding status and possible adjust to permanent resident (green card )
I have not heard of any proposals to change withholding of removal, and I doubt there will be any. It is based on a treaty and I do not think it will change. Take care, Jason
I am renewing my i 765 like i have for the past four years but this year they are requesting Additional evidence but everything that I have pertaining to the case I have already sent them out when I 1st did it so I have nothing else. Do you know of any reason for more evidence.
USCIS is being much more strict across the board. I think the purpose is to harm immigrants. In any case, once you have the request for evidence, you can (hopefully) send them whatever they are asking for. Take care, Jason
Hello Jason,
I have filed asylum 2 month after I arrived into US, then in few years Judge offered me WOR and my lawyer said: “this is the only one chance to be a legal here otherwise Judge will send you back”. So I had to take WOR but it won’t cover my wife who was already out of her VISA… since that time when I got this horrible status passed 8 years – I do have 3 kids, who are US citizens (oldest is 7 years old ) also I do have a Partnership Business (S.corp.). My wife still doesn’t have any status. I and she thinking about it all the time, It is very difficult to live like that. If my wife will be arrested tomorrow I even don’t know what to do with kids, business and all employees that we have and they are US citizens BTW.
Even with this horrible WOR I can’t feel my self free in this country! at the airport they are searching me in separate line like I am a criminal or something just because our State put their stamp on ID like mine.
What do you think? do I have any chance to get a green card?
P.S. When our president saying America first, I can’t take it very serious because Immigration law throw me and my family to somewhere in the middle… I can’t be US citizen and I am afraid of go back to county where I am from, and cov can deport me or my wife anytime.
Thank you for your time and reading this, I am very appreciate it. God Bless!
One point – You cannot be deported anytime. WOR is actually a very strong status, even if it is not that good. It seems to me that the main problem is your wife, who has no status. Could she apply for asylum? Maybe based on your fear of return? If she has been in the US for more than 10 years, she might be eligible for Cancellation of Removal, which can only be done if the government tries to deport her. Probably your best bet is to talk to an attorney to go over the specifics of your case and discuss the options. Take care, Jason
Thanks for reply Jason,
if she apply for asylum right now she has to go to Jail, which is I am already scare of.. I been visited three local lawyers and all saying waiting until she will be arrested and then apply for asylum because anyway she has to be in jail.
She is living here for 9 years already…,
do you thing maybe I can try to get a green card through my business? is there any requirements that I need to know?
any info will be helpful.
Thanks again.
I do not know why she would go to jail if she applies for asylum. I think you need to talk to another lawyer. As for a GC through your business, it would probably require her to leave the US and re-enter, which is probably not possible, but you could have a lawyer look at that too to see whether there is any possibility. Take care, Jason
Hi Jason I having financial issues that I’m thinking to go for a bankrupt. Since I have a WOR this issue can affect my WOR or if sometime I adjust my status in the future??. Thank you
It would not affect WOR. Whether it might affect some status in the future, I doubt it, as I have never seen that to be a problem, but it may depend on the status you are trying to obtain. Talk to a lawyer if you are worried about that. Take care, Jason
Hi Jason,
I have withholding of removal. I did apply for a college, and I told them that I have withholding of removal. I do have a paper from a judge (judge’s order) of that; however, I was told that it wasn’t enough. Is there any paper I could request that would prove that I am eligible to study in US?
The work permit/EAD. If they do not accept those, try another college, as they should be acceptable (though likely you will pay out of state tuition). Take care, Jason
Hi,
I have also a withholding of removal status. Am I eligible for retirement benefits? I get paid with W 2 form. And on my check there is deduction for medicare, SSN and other taxes. My lawyer couldn’t answer this question.
Thank you greatly !!!
Of course you can, you can even buy a house,cars,etc… Withholding of removal dosent mean that you cant have a normal life in the USA, it means you can’t go back were you came from for specifics reasons.. Always do the right thing,do your taxes and be a good citizen,if you do that you will not have a problem..
I do not know either – I think this is a question for a financial person, rather than an immigration lawyer. Take care, Jason
Jason. I lived in the u.s with granted with holding status for the last 16 yearswork hard,never had a problem with the law,is there any way to change to permanent resident…short said how can I get green card with out getting married to US citizens.
It really depends on the details of your case. Normally, the only way would be a family petition based on a US-citizen spouse or child over 21 years old. There may be other ways (through a job sponsorship, for example), but it would depend on the case. You should talk to a lawyer to go over the options. Take care, Jason
Hi Jason – Thanks for your advice and expertise in the filed.
What if you file asylum because you belong to a political party in your country and have been persecuted. And moved to a third country where, later you also fear persecution and threat in that third country (received legal residence but not permanent residence in that third country). And then left that third country and you are now in the USA.
My questions are:
(1)Will you still be eligible for asylum?
(2) will the firmly resettlement bar affect your eligibility for asylum? even though you fear persecution from that third country? (i have all the proves)
(3)will the asylum application be for both countries in this case?
I do not want the WOR.
Your response will be much appreciated.
1 – Maybe; maybe not – it depends on whether you are “firmly resettled” in a safe third country. I wrote about that on January 30, 2012 and June 22, 2017. Probably, though, you will need to have a lawyer research your specific situation to determine this. 2 – It affects asylum and not Withholding or Torture Convention, but if you get one of those, they only apply to the country of feared persecution and maybe you could be deported to the this country (if they will take you). 3 – You can apply for asylum from both countries, but that can be tricky and it may not be legally possible – this issue seems to be unsettled in the law. As for WOR, if you apply for asylum, you automatically apply for WOR. Take care, Jason
HI Jason,
Thank you so much for the answers.
I would like to clarify question (2): will the firmly resettlement bar apply? even though you fear persecution from that third country, received death threat for political reason in that third country and you have a limited/conditional stay visa legal residence not permanent residence in that country? (evidence of persecution are available and prove are available)
your response will be much appreciated.
The key really is the offer of firm resettlement. If the third country has only offered you a “limited/conditional stay” it may not qualify as firm resettlement. This is an important issue and the analysis is a bit tricky, and so I recommend you have an attorney look at the specifics of the situation to determine whether you are firmly resettled. Take care, Jason
Hello dear Jason,
I’m in withholding of removal since 2012 and I got this because Because I apply for asylum after one year. Right now I’m going to marriage with my girlfriend. She has a green card , what’s the process to apply for green card , and what’s a time process . I came here by visa . And no records ….
she will be a citizen in 2 years ..
Thank you.
First, if you do not have a copy of your entry records, you should try to get that. You can do a Freedom of Information Act request (form G-639, available at http://www.uscis.gov). Second, your wife (once you are legally married) can file the I-130 petition for you. However, you cannot actually take advantage of that until she is a US citizen, so you might want to wait until then (if she only has a GC, you would need to leave the US and get your own GC at the US embassy overseas, which is very difficult or impossible, and there is a waiting period before spouses of residents can get their own GC, which will also slow things down). Once the I-130 is approved, and she is a US citizen, you can try to reopen your court case and get your own GC. All this is tricky, and I recommend you talk to a lawyer to get you through it. Good luck, Jason
Hello Jason,
I have a pending asylum application. I was arrested and released after 3 hours by police (no jail at all). Then I was charged with 10 misdemeanors ( 5 class A and 5 class C). But the charges were eventually dropped and I got court supervision after plead guilty. No convictions. Would that make me illegible for asylum? What do you think?
Thank you.
First, if you pled guilty, you do have convictions. These potentially could make you ineligible for asylum (and other relief), depending on what they are. You should have a lawyer review this and help you with your case, as it is always more complicated when there is a criminal record. Take care, Jason
Thank you for your nice response.
The lawer told me that court supervision means no conviction as court supervision is sentence to avoid convictions in my record. And after completing 12 months of supervision, then all charges and arrest would be expunged. Does this seem logical to you? Or I misunderstood the supervision?
It could be probation before judgment, but even that could have immigration consequences, so it is important to look at the criminal record and determine whether it could affect the immigration case. Take care, Jason
Hi Jason . I granted my WOR in 2014 and I didn’t have any issue at all when I have to do a renewal. The primary case was for a Asylum but the interpreter did a mistake when translate to me and my attorney didn’t notice that I did after the hearing when my partner told me what was wrong. 2 questions: Can I open my case to be granted for a Asylum??. …or better get married with my partner who is a citizen to fix my status???..Thank you in advance and happy holidays.
You could try to reopen, but you are outside the normal time frame to do that (I think it should be within 90 days) – talk to a lawyer if you want to try that. As for the marriage case, depending on your eligibility to adjust status (entered the US legally, no criminal convictions, etc.), you should be able to do it. The first step is to file the I-130 and get it approved, but the process is tricky and I recommend you use a lawyer. Take care, Jason
Hi Jason, It’s been 4 years since IJ decided my case and denied my Asylum. I didn’t give up and with another attorney and,of course by the will of GOD, went back and managed to win my asylum. Now as a Asylee I have to wait about a year to file a permanent resident card. Is there kinda waiver or similar thing that you submit in order to get short of the 1 year waiting period for applying green card? The denial of my previous asylum case was based on factual errors and the IJ only had to reconsider after I submitted documents previously unavailable.
I think there is nothing you can do except wait the one year. Take care, Jason
HI,
When i filed my EAD application for extension i attached and submitted a copy of court dispositions for DWI misdemeanor charge in 2009. After I mailed my application i noticed that they might need certified court dispositions. I went to court and got certified dispositions now. They already received my application and currently it’s in process. The question is should I wait for USCIS to send me a letter or should I send it with a copy of a receipt from USCIS and explanation? I’m a little bit worried if I wait until they send me a letter the process might be delayed and my EAD expire.
Thanks
It’s up to you, but I prefer to wait for the request for evidence (if any), as that will come with a cover letter and a bar code, so it will be easier to match with your file when you mail it in. Also, USCIS may not need certified copies, and so sending them may be unnecessary (and potentially waste time as they match them to your existing file). Take care, Jason
Hi Jason,
I was approved withholding back 2008 and an I-130 approval in 2009 but I was illegal when I came so I can never applied for my I-485. Is there any more options for my situation please.
Possibly – maybe you are eligible for 245(i) or an I-601A provisional waiver. It is probably worth a conversation with a lawyer to go over the options and see whether anything might work. Take care, Jason
Hi Jason,
I submited my i-589 application, unfortunately the acknowledgement receipt was sent to the address i used but for unknown reasons he hid all mails from me, i come to follow it up at my local offices and assured me they sent the receipt to the first address, but the guy denys ever receiving any mail, but i have my case number A number. My question is there another way i can get the acknowledgement receipt letter again? Because i want to change this address as first as i can
Thanks
You can probably just file a change of address form, AR-11 available at http://www.uscis.gov. If you have the A number, you should be able to do that online and all future mail should go to the new address. Take care, Jason
Hi , in February 2017, I was granted WOR by the judge in Ohio because I didn’t didn’t file within 12 months of my arrival., my question is, it is possible that I can get a permanent resident if I get married to my long time girlfriend who is the American citizen?
Maybe, but it depends on many factors – talk to a lawyer to determine whether you are eligible and with help on how to proceed, as it is not so easy, but it may be possible, especially if you entered the US with a visa. Take care, Jason
Hi jason
1.what are the chances of success for a person who is a senior military,government or political official.are their cases easy or difficult to handlle? Can they be deported or they can be assigned a withholding of removal.
2.are these cases publicized or communicated back to the government they are afraid of?
3.do such cases get treated faster?
4.my brother is in US for a work related mission and wants to apply as he faces political harassment back home and is a senior military officer back home.
Thank you.
Dear Ritina,
I was in a similar situation 20 years ago. Unfortunately in my case the contact US agents I was working with overseas never told me the truth.
One thing I had to learn the very hard way. NEVER enter in to a legal issue without an attorney. Legally they have the freedom as per training to deceive you in any manners or techniques in order to achieve there missions. In less you have an extremely strong provable reason you will not get a political asylum statute especially when still an active military officer of a foreign government. There are special diplomatic treaties in regards of military personal in less you are part of an hostile government. If you are part of a friendly allied country forget about it. You will start a fight with very low chances an high risk when eventually return home.
As a person with almost similar story I will suggest you to hire a very good attorney with knowledge in this specific field. Not every body is prepared to face the highest level of government officials in order to have them testify in court for you. In your case most likely will be necessary to ask DoD for records. And this is a very difficult task. You must study very deep the type of visa have been issued for you to enter US. Many of the military officials visas are special with no possibility of adjustment of statute. Just like Visa Waiver. Your case is not on ordinary case. Is a diplomatic sensitive case witch can trigger an international diplomatic crises between US and your country. In less you are someone who have exercised as undercover asset for the interests of US (spy) you will not be worth such of risk for US. Remember that everyone is an unique case. With representations from a very prepared attorney you will have the most advantage. My final advice: DO NOT TRY to apply for such case on your on. Is a MUST to have a very good attorney. Good luck.
1 – It depends on the case. Usually, it is easy to prove such a case, but sometimes, such people have problems, especially military/government people where the military/government abused human rights. 2 – No. 3 – Usually not, but that could happen. 4 – He might want to consult with a lawyer, as military people often face additional issues, and he should protect himself. Take care, Jason
My cousin had appointment with ICE 3 weeks ago. She was granted withholdings by the judge. But on ur last visit with ICE agent talked to her like he wanted her to deported herself or if they got paper work against her they will come a d deported her. Her case probably withheld because she came from a different country where she is not really from. Actually she got another appointment on february 18th. She don’t know what to expect!? Are they gonna detained her? Are they gonna order her to live the country? Are they gonna give a time to live the country? She got two minors kids that are in school and they are US citizens. One of them is really gifted her school said and she is 13 ! The little One is 6 and got a skin condition she can’t live in Africa with all the heat! She is from Mauritania! Does she need to go with a lawyer on february or with her kids ? She is out of her mind right now and the kids are overstress and cry everyday thinking they all gonna be deported cause they can live without there mom. Here is her story. Any legal advice will be welcome. Thanks MR JASON
She should remain calm – ICE is doing this to harass her. They do it to many people with WOR. However, they cannot deport her unless she has legal status to live in a third country. If she complies with what they ask, eventually, they should leave her alone. If she wants to make things easier on herself, she can bring a lawyer to that appointment, as ICE agents are much less likely to be aggressive if a lawyer is present. But either way, she cannot be deported, as WOR is a very strong status. Take care, Jason
Hello sir, I am a DACA recipient whose previous status was WOR. If Dream Act passes how would it affect my status ?
It really depends on the specifics of the law – WOR means that you technically have a removal order (that was withheld), and so you may or may not be able to benefit from a change in the law. It may also depend on how you entered the US and whether you have a criminal conviction. Take care, Jason
Michael I. “I was asking them to be placed under detention” — WTF??
Rms125a@hotmail.com
Michael I. — Fuck you, parasite. Didn’t read a word about your job or working. Ineligible or stripped of asylum, probably as a criminal, blaming it on Trump and GOP. Put the blame where it belongs — on the third-world shithole of a country you wanted to get out of, just like everyone else there does.
Rms125a@hotmail.com
Your IQ must be very low as a result of lack of education.
Go back to your ignorant life style.
Must be very frustated person.
Beside flipping burgers, what else have you done for humanity?
Have a nice day Sieger.
He didn’t talk about eating breakfast or taking a nap either – probably because it is totally irrelevant to his posting. But maybe it makes you feel better about yourself to make assumptions about others. Good for you.
Dear WOR community,
This is a follow up message on my last post where I was shearing my most recent experience with ICE when reporting. As a short recount on my story: ICE have asked me to bring a copy of a passport application/receipt from the Embassy or Consulate of my country of origin. I did not comply with there order as instructed. However I did exchange an email communication with my country of origin Ministry of Foreigner Affairs in charge of passports department. Showing that correspondence to ICE officers have fuel a very aggressive verbal attitude from them, promoting an unprecedented reaction where I was asking them to be placed under detention and them forcefully removing me from the DHS/ICE building without a further reporting scheduled day.
As a result of that incident I have initiated an official complain with DHS Office of Inspector General. On my complain I have very detailed explained my case against ICE. I was sincerely not expecting any results. But for my very big surprise, 48 hours from my submitted complain report, I was called by the Supervisory Office of ICE where I usually report. The officer have stated over the phone that he was investigating the incident and asked me few questions about that. I had step by step explained and after listening to my story the officer told me that I WAS NOT SUPPOSED TO RECEIVE SUCH OF ORDER. Getting in touch with any officials or representative of the government against you have been granted protection is against the law. I was offered official apologies from DHS/ICE Superior officials for this encounter and asked to report back to the office Monday November 27, 2017 in order to receive the next reporting day. I have done all they have asked during my 7 years reporting time without any incidents. Recently I have discovered that some ICE officials are just breaking the law and the internal rules just by personal vendetta fueled by this aggressive anti-immigrant administration. Is not like that. There are laws protecting you and me despite our immigration statue. The right way to do is to comply with your LEGAL obligation. As an advice to all of you: Have your self prepared for the worst. Sacrifice and safe some money to hire an immigration attorney if you feel ICE will put unnecessary illegal pressure on you. If I had an attorney with me at the reporting day nothing what happen it will ever occur. Officers attending our reports are frustrated do to the nature of the job assignment. None of them wanna stay behind a window and stamp reporting paperwork. That is for the new fresh officers or the ones who have stepped on plates and now they have been reassigned administrative work – better said punished. This is why they have such of aggressive attitude.
If you have find your self in a similar situation, study your rights. Have a letter or email to this office: https://www.ice.gov/leadership/opr
Make sure you are completely honest about your incident story.
Good luck.
Hi everyone,
Just got back from ICE. The Office of General Inspector have ordered a thrill investigation on ICE officers who abuses their positions according to my complain. Under no circumstances a Federal Officer can abuse the power of office. Period. If you feel that you have been abused and intimidated don’t stay idle. Take action and defend your rights. People under the WOR statute have the right to be treated with respect and dignity, regardless of current immigration statute. And this is available for EVERY ONE ELSE.
The Superior Command Office of ICE have assured me that no one will ever ask for what they are not supposed to ask for.
Up on reporting next year, my case will be attended only by a supervisor, without having to wait several hours in line.
Just remember: if you do not have a valid travel document (passport), you MUST not be forced to get in contact with representatives of the government of your country of origin. Is against the principles of an WOR statute.
As long as you are acting respectful, within a good faith and in time with all legal required conditions, you are respecting the law.
Just like me you had strong enough reasons for an Immigration Judge to grant you the WOR. As well strong enough for the Government Attorney not to succeed with appealing the Judge decision. There is hope that our voices soon will be heard and we will once for all put behind us, this dark and stressful experience.
Good bless you all.
Thank you for sharing this – it is very helpful and inspiring. Take care, Jason
Thanks for sharing this, it’s really helpful. It’s good to hear that the supervisor is willing to investigate the matter, this how professionals do their job.
I have several clients in similar situations, in asylum cases pending at the 9th Circuit where ICE is demanding that they obtain passports or travel documents from the very same governments that have threatened them, and clients with GRANTS of Withholding of Removal where ICE is again demanding that they obtain passports or travel documents from governments whose actions have resulted in the withholding of removal grants.
Michael I.’s comments above suggests, without citation, that the Withholding of Removal (WOR) statute somehow prevents ICE from demanding that someone granted WOR obtain a passport or travel document from their home country.
If there are such specific provisions/rules/ regulations, it sure would be helpful to see a citation for them.
Thank you.
I do not know of any such provisions, but the purpose of WOR is to protect people from persecution in the home country. Trying to force a WOR beneficiary to go to his embassy and request a travel document (or anything else) seems contrary to the protection inherent in WOR. If my client were being threatened in this manner, I would contact the ICE OIG and maybe the ACLU, AILA, AIC or some other organization with more resources to protect people. My guess is that these are “rogue” ICE agents who are forcing aliens to go to their embassies, and it should be reported and resisted. Take care, Jason
Question, how can someone with WOR/CAT can get a valid state ID and social? Mines were taken away during my court case and since then my passport from where i was born expired. I was told not to get one because that could get me in trouble. I only have my work permit and to ask for ID/drivers license or social they need more valid identifications. Should I get a passport?
If you had your US driver’s license you should be able to get replacement. You need to have work authorization and any mail with your address it should be sufficient to get state ID back.
Different states have different rules about state IDs, but you should be eligible for a social security number if you have a work permit (that is federal and should be the same across the US). Talk to the Social Security Office for the card. Most people can get a state ID if they have a work permit – maybe your state DMV can help. Take care, Jason
Mr,Jason thanks for quick reply but sir I just wanna confirm is it possible to have asylum status with criminal charge and it’s been over a year , coz I hate too if I had only option for withhold of removal,,,thanks
It depends on the criminal charge. Some convictions block a person from asylum; other do not block the person, but are considered a negative factor. If you have not been conceited, the arrest may not have any effect. I recommend you talk to a lawyer about the specific charge to see what is the effect, and what can be done about it. Take care, Jason
In order to qualify for asylum you have to file for it infirst 12 months after you admitted to U.S. unless you can show excepional circumstances that prevented to do so. I filed 18monts after admitted and got only WOR.
Exceptions to the asylum one year filing rule include changed circumstances which materially affect your eligibility for asylum and extraordinary circumstances related to the delay in your filing.
Hi there,sir I really enjoy reading you blog,I wanted to know that I was born and raised in Qatar.i got my us visa from there.My question is that Can I get asylum I m currently on b1 visa and it’s been 1 and half year coz my e2 visa got denied and moreover I m afraid I have convicted in Qatar of buying gold without police paper where they put five convictions on me later 3 files got close and two cases are still going on but I left coz foreigners have no rights there at all.Anyways if I apply asylum should I declare convictions ,may bar me or not applyingasylum ,I m a Pakistani national ,asylum will be based on fear from my home country ..thanks
If you have status in Qatar and Pakistan, you need to get asylum from both countries, but most foreigners who live in Qatar have no permanent status there, so you may only need to seek asylum from Pakistan. The fact that you have a criminal charge in Qatar is relevant to your asylum case, so if you are seeking asylum, talk to a lawyer about that. Take care, Jason