I was in court recently for an asylum case where the DHS attorney offered my clients Withholding of Removal as a “courtesy” in lieu of asylum. DHS did not believe that my clients were legally eligible for asylum, but made the offer in order to settle the case. I negotiated as best I could for asylum, and I think the DHS attorney listened carefully, but ultimately, he was unmoved. When the Immigration Judge (“IJ”) learned that DHS would agree to Withholding, he remarked that the offer was “generous,” which I took as a sign that he wanted us to accept it. In the end, my clients did not agree to Withholding of Removal, and so the IJ reserved decision. We shall see what happens.
So what is Withholding of Removal? Why did the IJ view an offer of Withholding as generous? And why did my clients refuse this offer?
Withholding of Removal under INA § 241(b)(3) is a lesser form of relief than asylum. If a person has asylum, he can remain permanently in the U.S., obtain a travel document, petition to bring immediate relatives here, and become a lawful permanent resident and then a U.S. citizen.
A person with Withholding of Removal, on the other hand, has technically been ordered deported, but the deportation is “withheld” vis-à-vis the country of feared persecution. This means that the person cannot be deported to that country, but she could (theoretically) be deported to a third country. A person with Withholding of Removal is eligible for an employment authorization document (“EAD”), which must be renewed each year. However, unlike with asylum, she cannot leave the U.S. and return, she is not eligible to become a resident or citizen, and she cannot petition for family members. In addition, on occasion, ICE (Immigration and Customs Enforcement) attempts to deport the person to a third country. Normally, this consists of ICE ordering the person to apply to various countries for residency. This is essentially a futile exercise, and it usually involves hours of wasted time preparing applications and sitting around the ICE office. Maybe it is designed to intimidate the person into leaving, but at a minimum, it is another stressful hassle that the Withholding-of-Removal recipient must endure.
The bottom line for Withholding of Removal is that those who have it are never truly settled here. They risk losing their jobs and drivers’ licenses if their EAD renewal is delayed (which it often is). They cannot qualify for certain jobs or certain government benefits. They usually cannot get in-state tuition for school. They can never travel outside the U.S. to visit relatives or friends, even those who are gravely ill. They are here, but not really here.
For me, Withholding of Removal is more appropriate for some recipients than others: One reason a person gets Withholding instead of asylum is that he has criminal convictions that make him ineligible for asylum. In the case of a convicted criminal, it is easier to justify denying the benefit of asylum, even if we do not want to send the person back to a country where he could be persecuted.
In other cases, it is more difficult to justify Withholding. If a person fails to file for asylum within one year of his arrival in the United States, he generally becomes ineligible for asylum. He remains eligible for Withholding, but downgrading his status from asylum to Withholding because he failed to file on time seems a harsh consequence for a relatively minor infraction. Other people—like my clients mentioned above—might be ineligible for asylum because the government believes they were resettled in a third country before they came to the U.S. “Firm resettlement” is a legal construct and it does not necessarily mean that the person can live in the third country now (my clients cannot).
Despite the limitations of Withholding of Removal, many IJs (and DHS attorneys) seem to view it as a generous benefit, and they encourage asylum applicants to accept Withholding as a way to settle removal cases. They also tend to take a dim view of applicants who refuse an offer of Withholding: If the person is so afraid of persecution in the home country, why won’t she accept Withholding and avoid deportation to the place of feared persecution? I understand their perspective, but I think it fails to account for the very basic desire of people like my clients to make the U.S. their home. They don’t want to live forever unsettled and uncertain. Having escaped danger, they want to live somewhere where they can make a life for themselves and—more importantly—for their children. Withholding does not give them that.
Frankly, I think that most IJs and DHS attorneys underestimate the difficulty of living in the U.S. with Withholding of Removal. And these difficulties are not limited to practical problems related to jobs and driver’s licenses, attending and paying for school, and the indefinite separation from family members. For my clients at least, Withholding of Removal does not alleviate the stress of their situation. They have fled uncertainty only to find more uncertainty. Will they be deported to a third country? Will they lose their job if the EAD renewal is delayed? If their driver’s license expires and they must drive anyway, will they be arrested? Can their children afford college? If they buy property and invest in life here, will they ultimately lose it all? Such uncertainty would be bad enough for the average person, but we are talking here about people who have already had to flee their homelands. Asylum is a balm to this wound; Withholding of Removal, in many cases, is an aggravating factor.
Perhaps if IJs and DHS attorneys knew more about the consequences of Withholding of Removal, they would be more understanding of asylum applicants who are reluctant to accept that form of relief, and they would be more generous about interpreting the law to allow for a grant of asylum whenever possible.
Hi Jason, after reading the new guidelines from USCIS, is it safe to confirm that with regards to EAD changes, the provision only applies to Category C8 and category C11? For those with WOR the category is A10. I saw no mention of any renewal restrictions for that category or any language regarding WOR. So is this specifically for those applying for asylum?
Thanks
As far as I know, the recent proposed changes only apply to category c-8 for EADs based on a pending asylum case. Take care, Jason
Hello Jason,
Breaking news suggest new laws to limit asylum seekers. The question of reviewing protections is also being discussed particularly the aspect of political opinion and membership of a particular group, both of which are also basis for qualifying for withholding of removal. My question is if the government succeeds in passing these laws, Will this have any affect on those already granted withholding of removal by a federal judge and have been with WOR status for years now? Thank you
I am still reviewing the new rules (they are new regulations, not new laws, which would require Congress to pass the law). I will try to post something about them in the next few weeks. Based on my initial review, I doubt it will have a major effect on people who seek or have WOR, especially if the persecutor is the government. If the persecutor is a gang or maybe a terrorist group, it potentially makes it harder to get WOR, but it really depends on the specifics of the case. Again, I doubt people who already have WOR will be affected. Take care, Jason
Hi all. Just wanted to share a quick update. For those who have to report soon, the San Francisco office reporting window is still closed for 6 to 7 more weeks. USCIS website says the office is open today (June 4th), but the reporting window is still not accepting public. Hopefully, this information helps if you need to report to SF office in the coming days/weeks.
Also, it seems EAD renewal is faster this year. I filed my renewal application just before the lockdown and I received the new card a few days ago. It took about 2 1/2 months to get the new card. Last year, it took 4 months.
Thank you – I think the offices are only open for interviews, not for filing documents or making inquiries. Take care, Jason
Hi Jason,
I know we have no details as of yet, but for those who have withholding and have been residing legally in the country for years, and need to renew their employment authorization document, will this order bar them from doing so?
Thanks
We do not know, but there is no reason to believe people with WOR will be affected. It sounds like it will only affect people who are outside the US and want to come here. Take care, Jason
Hi Jason,
On 2007 I (WOR status) and my husband (overstayed) applied I-30 under his sister (US citizen) and now the availability of the visa is approaching.
Is there anything I can do for now? applying I-485 or opening my case? or ??
Thank you for your help in advance.
In most cases, the sister’s application would not help, as you would have to leave the US to get a GC, and if you leave, you will be barred from returning due to the deport order (WOR is a deportation order that has been withheld as to the home country). However, there are exceptions to the rule, and it may be possible to get a GC based on the sister’s petition. One exception is for people who have been in the US since December 20, 2000 and who had an immigration petition based on family or employment (or a labor certification) filed for them prior to April 30, 2001. If that is you or your husband, maybe it would be possible to get the GC. If not, maybe there is some other path. I recommend you talk to a lawyer to be sure, as these cases depend on specifics. Just realize that in most cases, you can’t do it, and be wary of lawyers who promise things that seem too good to be true. Take care, Jason
HI Jason,
Thank you for your reply.
We have been in US prior 2000 and my husband already got the letter from Labor dept on July ,2000 (date of acceptance and processing); however, he got lay off so can not continue the process.
And then we married on June 2001.
Do you have any recommendation for lawyer in NY area? so many lawyers in here, not sure which one.
So maybe you qualify for 245(i). If so, that would allow you to pay a penalty and get the GC without leaving the US. Anyway, it sounds like it might be an option and so talking to a lawyer would be worthwhile. I do not have a lawyer to recommend in NY, but you can start here: http://www.aila.org. The lawyers in AILA tend to be better than those who are not members. Take care, Jason
Hi Jason,
If my case is qualify for 245(i) – does it mean still needs to open the WOR? as I read from this blog, it is not easy to open the WOR.
Thanks,
If you qualify for 245(i) or anything else, you need to reopen the WOR, as that is technically a removal order and you have to erase that before you obtain any immigration benefit (there may be some exceptions, but a family-based petition is not one of them). It is difficult to reopen old cases, but it is possible. I just did that for a client – I asked to reopen in August 2019, and the judge finally reopened a few weeks ago. So it is possible. Take care, Jason
Hi Jason.
I want to reopen my withholding case ,so if you can do that for me then let me know how to reach you so we can go about this.
Thanks
Ambe.
It is not always possible, as it depends on the case, but I am happy to talk to you about the possibility. You can email me at JDzubow@DzubowLaw.com. Take care, Jason
HI Jason,
Regarding to re-open WOR, do I have to start doing now while still waiting for Visa (2 months away from current visa) or later once the visa is available?
Thanks,
I suppose you can start now, if you have the I-130 approval, you can contact the DHS attorney (if they are working) and try to talk to them about reopening. If the DHS attorney agrees (or at least does not oppose reopening), it makes things easier. Take care, Jason
HI Jason,
First Sorry for my naive questions, when you said I can contact DHS attorney – does it mean I go to Immigration office and ask to talk with them? or have it in form/letter?
Or is it better to find a lawyer and help me to contact the DHS attorney?
I did file asylum by myself which ended me up in world status, I guess not strong enough to present myself.
Thanks,
It is best to have an attorney help you, but you can also reach out to the DHS attorney yourself. You can find the contact info if you follow the link at right called DHS Office of the Chief Counsel. If you have your Alien number, you can mention that and see if an attorney is assigned to your case. If not, you can ask for the “duty attorney.” Take care, Jason
HI Jason,
My case was in New Jersey where I got the WOR.
And then 3 years ago I moved and made a report in New York ; however, since last year the NY officer said I don’t need to make a report anymore.
Can I go to NY DHS office to request reopen WOR? or better back to New Jersey where the WOR was issued?
Thanks as always
Whatever court granted the WOR, that is where you need to go to reopen. If you live somewhere else now, the common approach is to have the NJ court reopen and then move the case to NY. Take care, Jason
Does the new ramp up against immigrants in sanctuary cities that is planned with SWAT like teams have any effect on people already granted withholding? Or is it mostly targeting those who have no legal status or have not been through the immigration courts after being released from custody?
I do not see why it would affect people with WOR. Such people are lawfully here, and they essentially are very difficult to remove from the country. Also, if ICE wants you, they can simply ask you to come in for a check-in. Take care, Jason
Hi Jason ,
I have a WR since2010. I’m getting GC with marriage . Can this new Law abut using public benefits effect may case ( I just get medical benefits )
Thank you.
Hi Alex.
I have same WR and i want to know the process you went through by getting your green card and any advise will help.
Also i will need you to give me some info and if possible the attorney who help you get this done so i can follow up with him.
I will appreciates your advise and respond.
Thanks
Ambe
The basic approach is to file the I-130 and then ask DHS to agree to re-open your court case. Sometimes, DHS will agree after the I-130 is approved. The difficulty is that DHS is not very responsive, so they may not take action, and then you have to go directly to the judge. This can also be difficult, since judges don’t like to reopen if DHS has not agreed. It should work, but it may take time, as it is difficult to get everyone (DHS and the judge) to move the case along. Once the case is reopened, assuming you are eligible, it is pretty easy to get a GC with the judge or have the judge terminate the case and get the GC with USCIS. Take care, Jason
Hi Jason.
I have Withholding of Removal since 2017 ,so my question is ,can i reopen my Withholding of Removal case and file for asylum or cancellation of removal?
Possibly for asylum, but you would need a basis to do that, and it is often difficult to get DHS and/or the Judge to agree to reopen a case. For Cancellation, I am not sure how you would be eligible now when you were not eligible previously, but I guess that is possible. If so, you could try to reopen on that basis. Take care, Jason
Maybe. If you are getting a GC based on marriage, I do think it affects you. Talk to a lawyer to be sure, as it is pretty new and it is not quite clear (at least to me) how it will be implemented. Take care, Jason
I meant to say for anyone that is not Guatemalan. Can they send someone with withholding there? Especially if they have been here for years with that status and do not speak Spanish and are not from Central America. Thanks
Theoretically, but I have not heard about any effort in that direction, and such a move might be legally difficult for the government to execute, since the people could claim that Guatemala is not a safe country for them (which it is not). On the other hand, you can’t put anything past this Administration, which treats asylum seekers very unfairly, but such an effort seems unlikely to me. Take care, Jason
This may seem like a dumb question, but I was asked this; since Guatemala is considered a “safe third country” can ice deport persons already granted withholding for years now to Guatemala simple because it has an agreement with the US? Thanks.
I think that would be a hard argument to make for the government. Guatemala may be “safe” (i.e., not safe) for non-Guatemalans who have never lived there before, but if a Guatemalan person has already proved that he faces harm there, it is not a safe country for him. So for this reason, I think Guatemalans with Withholding will not be effected. But one never knows, so we will have to wait and see. Take care, Jason
Hello, my question is if a person was granted withholding after being released from jail and given probation by the state and case was settled by IJ in court. Will ICE still seek to deport after probation is completed? Or will the case be considered settled when IJ granted withholding of removal? Since the person has already gone through immigration proceedings and due process? Thanks
ICE can only deport a person who has withholding if that person has legal status to live permanently in a third country. Otherwise, they would have to wait for country conditions to change, and then re-open the court case and try to take Withholding away. Withholding is not a great status in terms of the benefits it give you, but it is pretty stable and difficult to take away. Take care, Jason
AJ, in reponse to your question, I also have Witholding of Removal so last month i was reporting for ICE at my yearly report and a lady there working for ICE said i can never be remove which is good news.
So i didnt quite understand what she ment as i keep getting people say with witholing you can be remove if country condition changes but i have never heard of anyone being remove with a withloding of removal status.
So i think the lady was trying to tell me that it will be hard to removal someone with Witholding status so which is a good news.
The only disadvantage of the Witholding status is changing your status to a green card holder which i havent heard of anyone from this forum saying that he or she got a witholding status change to a green card holder.
So i’m still waiting for someone to tell me that is has been done and is possible.
To get a GC, you have to reopen the old immigration court case and then somehow apply for a GC. The most common story is a person marries a US citizen and is eligible to adjust status. We are in the process of doing that now – We filed a motion to reopen the court case, DHS has not objected, and we are waiting (and waiting and waiting) for the court. Hopefully, it will work. Take care, Jason
Okay thanks for the info.
I will really like to know how this goes so please i will appreciates it if you can let me know how this goes so i can do something about my Withholding case.
If it is ever resolved, maybe I will write something about it here. Take care, Jason
[…] and who have not tried to obtain asylum in a third country, there are still two main options–Withholding of Removal (“WOR”) and relief under the UN Convention Against Torture (“CAT”). Both […]
So what you’re saying is that although it is not a permanent fix or protection from deportation, it is rare that a person with withholding status be deported? and certainly not removed in a raid as the one coming up this Sunday? Originally I meant to say, such a person is considered lawfully present in the country? I mean for all purposes, my understanding is that it is a relief from deportation is it not?
I want to make a comment and tell a story about a friend who was just released from ice custody after being granted withholding of removal status. For all those concerned about ice agents who dont follow the laws and regulations these days, I say be concerned and learn about the laws. My friend was in custody for over six months and was finally granted withholding of removal status. While he was waiting to be released at the end of June days came and went but he remained detained. He was confused why he was not being released more than two weeks after he had got his approval. His attorney was also very confused about the status but was unable to communicate with the ice agent located in that jail facility. My friend sent a note to that ice agent and asked why he was not being released. After a couple of days the ice agent responded explaining they were looking for other countries that they might be able to deport him to. As Jason has explained many many times these agents try to manipulate rules and stretch it as much as possible just to punish and degrade us. Of course there is no third Country to deport anyone who is been approved of withholding of removal. So what he was doing that now we know about is that he held on to my friend detained for an extra two weeks before he let him out. His attorney could not explain why the ice agent would not let him out. But he also was not able to offer any Avenue to seek compensation or justice for the extra two weeks he was in custody without a reason. I would like to ask Jason if he finds out of a way to do something about this or this agent or this practice. So be aware if you know someone who is about to be granted withholding status: be vigilant and communicate with that ice agent’s supervisors or their heads of their local office in which ever state they are being held. In this case it was the family of my friend who were able to get a hold of the supervisor in Columbus Ohio who finally ordered his ice agent to let my friend go. So sad but true. That ice agent’s name is [name redacted – see the comment below], a low life. Oh by the way we found out he’s done it in the past and got away with it.
Whenever we have received WOR for a detained person, that person was released very quickly from detention. However, ICE certainly can make efforts to deport the person to a third country, and they can hold the person during that time. Realistically, no country would accept such a person. Whether the ICE agent is being cruel, or is just ignorant, or perhaps has some reason to believe there is a third country that will accept the person, I do not know. The only possibility would be a habeas lawsuit, but I doubt that would work (especially after only a couple weeks) given that ICE can claim that it is looking for a third country to send the person. I do not think a federal court would second guess such a statement. There is a Supreme Court case – Zadvydas v. Davis – that puts limits on how long the government can hold a person who it is unable to deport, and so ICE cannot hold a person indefinitely (I think that case is good law, but I have not fully kept up with developments in that area). Finally, I edited out the name of the officer – while I believe it is fine to shame people who behave badly, since I cannot independently verify the person’s name or his actions, I cannot allow that to be posted here, sorry. Take care, Jason
Dear friend,
Withhold of removal approval is followed by a Parol Release from Government custody. Any person released on such of grounds, will receive a Parol terms and conditions document with the photo and personal information of that specific individual. There are several pages with all you can and you cannot do.
I have been under such of a “Statute” for little over 9 years and many times verbaly abused by EOR officers where I have to report. Every single time I report I’m not sure if I will live that building going back home to my wife and four kids – all US Citizens or placed under detention. You cannot do nothing about an abusive ICE offical. I tried to the highest level of the Federal Government – Office of the Inspector General in Washington DC. Zero results. We are inside the most ambiguous part of the US Immigration Law. Despite having the IJ believe our case of legitimate fear of persecution in our country of origin, we are still the most vulnerable. I will like to advise all of the people under such of a loophole – from my experience – to manage your self to the point of be prepared for ANY adverse acction from ICE period. Those Federal Government officials are following to the teeth the orders from the Administration. ICE are uniformed Federal Agents whom will not risk their jobs and life to disobey orders. Unfortunately for us, those are the current Laws of US Immigration. Be humble and polite, be ready to fight life for yourself and your family. There is no third country to accept you as a permanent resident. Is not working like that in ANY country of this Planet. Every single country have their own immigration laws and US cannot bypass them.
However the US Government under the newly adopted rule, can indefinitely detain any person deemed to by a high risk for society. So don’t give them any reasons to label you like that.
Good luck to everyone in such of situation.
Thanks for all the info and advise,I just want to ask you this, Is there any way that someone with WOR can get married to a US citizens and change his or her withholding status to a lawful permanent resident ?
My self I’m married with my wife, a US Citizen from 11 years ago. We have together 4 kids and the I130 was approved at the time of application. After many years in this situation and lots of money paid for legal advice, I have learned this: Changing your status form WOR requires you to voluntarily abandon WOR, apply for I601 waiver, return to your country of origin, and go through a risky process in attempting to return in US.
Most of the people chosen this venue have failed to return to their family. In my particular case, most definitely I cannot return to my country of origin sense my birth citizenship was illegally taken away.
So I’m a stateless individual free to work and pay taxes to a country whom will never pay a pension back to me, will never give me a chance to travel free with my family, will never allow me to have any kind of benefits despite having paid Medicare, despite having my oldest son very soon graduated West Point Military Academy, and many more things.
Don’t take my statement as legal advice. Every single case is different.
Good luck.
It may be possible to adjust status and get the GC without leaving the country – if you have not done so, you might want to talk to a lawyer about that. Also, if you do am I-601A, you have to leave the US, but you do not necessarily have to go to your country. You could go to a third country (of course, none of this is easy, but it may be possible). Take care, Jason
Is it possible for people who came in through the borders and turn themselves in to adjust their WOR status to green card?
Generally, probably not, but there are exceptions (the main one is under INA 245(i), which is for people who came here before December 2000). You would have to talk to a lawyer about the specifics of the case to know for sure. Take care, Jason
Thanks for the info.
It means we are all stock in this country with this terrible WOR status and will never get to see our families or love ones.
I hope they can do something to people with withholding in near future.
Someone I know that had WOR recently got a greencard after her daughter turned 21 and petitioned for her. I know not everyone has grown kids but hopefully this helps. Good luck
That may be possible, depending on whether the person is otherwise eligible to adjust status (talk to a lawyer about that). Once the I-130 petition is approved, you have to file a motion to reopen the court case in order to get the GC. Take care, Jason
Unless there is a third country to send the person, the person cannot be deported. The only way to deport the person is to reopen the court case and take away Withholding of Removal. This is very rare, as far as I know. Take care, Jason
To follow up, a person with withholding of removal is considered “documented” or legally present in the country correct?
Thanks
There is no such legal term as “documented” or even “legally present.” A person with Withholding can be deported to any country that will take him, except for the country where removal has been “withheld” (usually the home country). The issue is that in most cases, no other country will take the person and allow him to live there permanently. Sometimes, ICE asks people with Withholding to apply for residency in third countries – this never works, but ICE does it to harass people. However, if (by some miracle) it did work, ICE could then deport the person to that third country. Take care, Jason
Hi Jason,
Are these targeted immigration raids, targeting people with withholding status? Since technically they’ve been ordered removed, but that’s been withheld?
Thanks
They should not – people with Withholding cannot be removed unless they have status to live in a third country, or unless the person goes back to court based on a motion to re-open, and then has a hearing with an immigration judge. Take care, Jason
Hi Jason,
With the govt trumping up the rhetoric against undocumented immigrants, and ICE deporting them, is there any reason to believe that they might come after anyone granted withholding no matter the circumstances? Or is this totally unrelated? Thanks
The government has a history of periodically harassing people with Withholding, as discussed above, and I do not know that it is any worse now than it was under prior Administrations. For most people, it is very difficult to get a Withholding order canceled, and so I think most such people are safe from deportation. If country conditions improve, or if there is reason to think you would be safe in the home country, I suppose the government could try again to deport you, but I know of no effort by the government to do this on a broad scale, and also, in practical terms, it is difficult to identify individual cases where the government might be able to argue that Withholding is no longer needed. In short, I think people with Withholding are probably safe, even in this hostile environment. Take care, Jason
Hi Jason, I am in removal proceedings and I applied to adjust the status, got married and my I-130 was approved last year as my husband is not citizen yet I could’t apply for I-485 as we were not approaching the grant dates, now USCIS Visa Bulletin shows we are approaching dates, do you think with removal case and with I-130 approved am I eligible to apply for I-485 even with green card holder beneficiary? I heard with removal proceedings I need citizen beneficiary to apply for I-485.
Thanks
Lara
Typically, if you are married to a person with a green card, you need to leave the US to get your own GC. If he becomes a US citizen, you can typically get your GC without leaving the US. There are exceptions to both these rules, and it depends on your case. I wrote about these issues on August 8, 2018 and August 28, 2018 – maybe those posts would help. If you are not sure, talk to a lawyer, as you do not want to spend $1,225 on a GC, only to learn that you are not eligible to get it without leaving the US. Take care, Jason
Hello Jason,
I just read your piece on the new proposed memo and I was wondering does any of this apply at all to anyone already granted withholding by an immigration judge and has been renewing EAD for years now.
Thanks.
No – there is nothing in the memo that would affect someone in that situation. Take care, Jason
Hi Jason ,
Can you explain about order of supervision
(Whithhoding of removal) Page 3.
If I’m good person with no records should I do anything or any program.
Or if something happens should I repot .
They gave me one year report .
The reporting regime for people with WOR is unpredictable and seems to have no relationship to whether or not they are “behaving”. Usually, if a person complies with whatever they ask, they eventually leave you alone. Take care, Jason
Hi dear Jason ,
I’m granted for withholding off remove off since 2012 . ( applying asylum after one year)
Right now I got married and my wife has green card( she is 11weeks pregnant right now) And she can apply for her citizenship this jun/19. And Processing time Acording to immigration web site is around 18 months.
As your experience what’s is the best for me right now. Applying right now or waiting afte she be a citizen .
Thank you for all your help here .
Probably the most straight forward way is to wait until she is a US citizen and then have her file the I-130. However, it might save some time if she filed the I-130 earlier and it gets approved. Either way, you cannot do the motion to reopen until she is a citizen because you are not eligible to get your GC in the US unless she is a citizen (assuming you meet all other eligibility criteria). On the other hand, you need to be careful because the motion to reopen will be based on “changed circumstances” and so you do not want to wait too long after the “changed circumstances”; otherwise, the motion to reopen could be denied. I recommend you talk to a lawyer to help with this, as it does require a fair bit of work and some coordination between your applications to USCIS and the court. Take care, Jason
The ruling suggests that ICE has the authority to detain those who have completed sentences even years after the fact. The way i understood it was that those people, legal and undocumented alike, never experienced a deportation proceeding and therefore their case was never settled. Which is why my question was about those who have already been granted withholding, does this in your opinion apply to them? Or have their cases “already been settled” by definition?
Without reading the case, I do not know, but there is case law stating that indefinite detention is not allowed, except where the person is dangerous, and so anyone with WOR could only be held indefinitely if they were a danger to the community or security of the US. I guess in practical terms, I doubt a decision like this would affect people with WOR. Of course, the government is doing a lot of rotten stuff these days, so you never know. If I hear about anything, I will try to write about it here. Take care, Jason
Does the latest ruling by the Supreme Court affect those who have already been granted withholding of removal in 2014 by immigration judge? Will they be detained again or is their case considered settled by immigration?
Sorry, I did not have a chance to see the case yet, so I do not know. If I have a chance to review it, maybe I will write about that. Take care, Jason
Jason,
Thank you for the article. We in Miami very often hear about the Withholding being offered in case of the Asylum.
Because it takes at least 5 years for your case to be heard in court after the initial affirmative asylum application (we filed in 2015, got interview in March 2018, got referred in Dec 2018), I have to wonder if we’re at all eligible to change/adjust the status at any point. I was recently offered full time employment, and my employer is generous enough to offer me to go through the PERM process. Now, I’ve spoken with 8 lawyers now and they all contradict each other – some say I’m ineligible for PERM as I am ‘out of status’ (waiting for Master Hearing in court); others say PERM is a good option as long as I depart the USA to request the green card; some say I cannot return to the home country even after selecting ‘voluntary departure’ as this would compromise my asylum application; others suggest that I depart to a third country and request a green card from that country. I know you specialize in Asylum, rather than PERM but is this at all an option for asylum seekers? We’re waiting for such a long time, our children are fully American by now and I want to have some reassurance that they will not have to leave the USA by order of IJ should we lose the case. I worry we may lose the case as the time passes, and we get more and more ‘withholding of removals’ since the events that lead to persecution are 5-7 years old by the time we appear by the IJ. Any comments are appreciated.
Withholding is actually more difficult to get than asylum, and so I doubt you would get Withholding instead of asylum if – for example – the reason for the persecution has improved. Anyway, to get a GC based on PERM, you probably need to leave the US, but there are exceptions to that rule. It can also be problematic to return to the home country to consular process, as that might be viewed as contradicting your asylum claim. At this point, unless you meet an exception and can obtain the GC in the US, it will be difficult to get it overseas – probably your only option is to take Voluntary Departure, leave, and try to process the case overseas. My guess is that this will be difficult to do, and in practical terms, you might be better off to try for asylum (or maybe Cancellation of Removal if that is an option). Unfortunately, you’ve gotten a lot of contradictory advice, but if you want to try to go overseas, you need someone you can trust – maybe at least have the lawyer write down step by step what the plan is, and make sure you understand all the risks. I’ve written something about this on September 6, 2018 – maybe that would help (or maybe just add to the confusion). Take care, Jason
Hi, Jason, thank for these. I am withholding granted in 2014, just start reporting “duty” this year… Any how can we out of doing this? you mentioned ” cancellation of removal” , do we qualify to apply for it?
Best wishes
I do not know whether you qualify – you should talk to a lawyer about that, but typically, a person with Withholding would not qualify for Cancellation (or if you did qualify, you should have applied for that when you did your initial case). Maybe there are other paths for you, but a lawyer would have to look at the facts of the case to determine that. Take care, Jason
Thank you so much!!
Hi Jason I recently sent my application for work permit on the last days of October. My work permit expires on January the 1st. I have c18 category under CAT. My attorney told me the application changed and they ask for a passport or passport information. He wrote “not available” Because I don’t have my passport. ICE it’s been having my passport and I haven’t got a new one which I don’t think I can. I’m concerned my application delay if they ask for the passport or evidence of one because I know sometimes they ask for specific evidence. Do you think I should be concerned or they will make a big deal about it? Thanks.
I do not know, as I have not done that in a while, and so I am not sure about any new requirements. If you do not have a response in time, you could try making an Info Pass appointment (a link is at right). Sometimes, they can give you a stamp in your passport to indicate that you are eligible to work. I do not know if they can do that for someone with CAT, but you can try. Even if they cannot help with a stamp, maybe they can help you with processing the I-765. Take care, Jason
Hi Jason.
I have WOR in 2017 and i have to report for the first time for my yearly renewal for my EAD which is due to expire on February 2/02/2019 so i wanted to get advise from you if i can go for renewal now on this October month since i only have 3 months left on my EAD to expire.
So am thinking of getting my EAD renewed before the due date approaches since it takes 2 to 3 months for USCIS to get your EAD issued.
Your advise will be highly appreciated.
Thanks
Ambe
I’m renewing my EDA for the past 11 years. From last year the new I-765 form is required with all additional information on it. The card is self is different with additional anti-counterfeiting elements. The new vetting process enforced by USCIS takes longer than 90 days. It took me 120 days to receive the renewed EDA last year. Strongly suggest you get ready for similar situation. I know many other people with same WOR cases where the USCIS is deliberately delaying renewal of EDA more than likely as a form of punishment and probably pressure to determine you to live on your own. Remember WOR is a load of cases ICE just don’t have any compassion for.
Good luck.
Thanks for the info, again do i need to pay any fees for the renewal process?
Please advise.
Thanks
Ambe
Hi! My partner has wor/cat. We sent out his renewal back in feb(his expired in June) as of today the waiting list for it is around 5-6 months. Remember that if you have a qualifying category you have an extension of 120 days. Just make sure you have your receipt with you to prove. This comes handy if you need to travel.
Maricela,Thanks for the info,Can you pls, explain to me what you mean by extension of 120 day?
I’m under the category of A10.
So does it means that i will get my renewal send to me withing 120 days if i qualify for the category??
Please advise will be highly appreciated.
Thanks
Ambe
You should double check the I-765 instructions, but you should be able to file before the old EAD expires, and so I think you can file now in order to try to avoid a gap between cards. Take care, Jason
Thanks for the info, again do i need to pay any fees for the renewal process?
Please advise.
Thanks
Ambe
Double check the instructions, but I believe if you are filing for an EAD based on Withholding of Removal, there is no fee. Take care, Jason
If person already has withholding of removal on basis of being gay granted by IJ I’m 2014 and then files i130 on basis of marriage to USC. If USCIS issues an intent to deny requiring 30 days to submit more evidence. Will a denial revoke original withholding status? Since all denial get sent to a judge?
Thanks
I doubt the denial of a marriage petition would have any effect on an order of WOR. Take care, Jason
So under the new policy guidance from USCIS, if an i130 petition is denied and the beneficiary’s original status was granted withholding of removal by an immigration judge, does that mean they fall under lawful status or presence in the country? And based on the denial will a “notice to appear” place them in removal proceedings all over again because of the denial?
Someone with WOR would not be placed into removal proceedings in this case because they were already in removal proceedings and they received WOR. So if the I-130 were denied, it should have no effect (unless, for example, it came out that the original WOR claim was fake or country conditions have changed and now it is safe to go home). Take care, Jason
Hi Jason I mean I did fully know the consequences of WOR thank you so much for ur help
I mean didn’t fully know the condeleance of WOR
Hi Jason I hope you’re doing well. I was granted convention against torture two years ago and I have to report each year. My coming date to report is coming soon on this month but whenever the officer signed he put “ next report date 08/26/18”. Which is the 26th of this month and that’s on a Sunday and I just realized that. I don’t think their office is open on a Sunday and I been trying to contact them and no one picks up the phone. What should I do ? Report before like on the 24th which is the Friday?
Go in as soon as possible. The point is for them to see you, but it’s better to come before the date than after.
That makes sense – I would report on the 24th. It is amazing that their carelessness on a small matter causes such a mess. But I think if you go early and show them the reporting form, you will be fine. Take care, Jason
Hello Dear Jason,
Thanks for what you are doing here.
I have a question, I have entered US 2003 legally and then my visa expired and I didn’t have any real documents until DACA. around 2016 I got dui, assault charge, and 1 year probation. so not a clean record and graduated university 2013. in 2016 when I went to court on my assault charge ICE arrested me and detained me. I was detained for 1 year and 2 months. while I was detained I have been fighting to stay on asylum so recently IJ granted me withholding of removal and I was released from jail on bond. Now the government reappealed the bond. 2 months after i was released I received letter in mail from ICE to come in. so I missed the deadline for me to come in because I received the mail too late. Now they give me another date to come in and my lawyer talked to the ICE officer and the officer said that they will put me back to jail. SO Why would they put me back to jail after I haven’t committed any crime ?? why would they release me in the first place and or if I was dangerous to the community ??? It just makes no sense. I read that they wouldn’t release you if you are danger but they did. Now I feel obligated to go but really don’t want to walk back to jail….SO my real question is what happens if I tell them that I didn’t receive the mail from my lawyer. would I be in trouble or would it cancel my status as Withholding of removal. Is it that serious I don’t know what goes on in ICE offices if I could stay out of jail for 1 more month I will.
if you could answer my questions it would be great Help. Thank you
Dear Jason,
Thanks for what you are doing here.
I have a question, I have entered US 2003 legally and then my visa expired and I didn’t have any real documents until DACA. around 2016 I got dui, assault charge, and 1 year probation. so not a clean record and graduated university 2013. in 2016 when I went to court on my assault charge ICE arrested me and detained me. I was detained for 1 year and 2 months. while I was detained I have been fighting to stay on asylum so recently IJ granted me withholding of removal and I was released from jail on bond. Now the government reappealed the bond. 2 months after i was released I received letter in mail from ICE to come in. so I missed the deadline for me to come in because I received the mail too late. Now they give me another date to come in and my lawyer talked to the ICE officer and the officer said that they will put me back to jail. SO Why would they put me back to jail after I haven’t committed any crime ?? why would they release me in the first place and or if I was dangerous to the community ??? It just makes no sense. I read that they wouldn’t release you if you are danger but they did. Now I feel obligated to go but really don’t want to walk back to jail….SO my real question is what happens if I tell them that I didn’t receive the mail from my lawyer. would I be in trouble or would it cancel my status as Withholding of removal. Is it that serious I don’t know what goes on in ICE offices if I could stay out of jail for 1 more month I will.
if you could answer my questions it would be great Help. Thank you
I am not sure why they would return to you detention, or why they would inform your lawyer of their plan without giving a reason. To ignore them is to make yourself a fugitive. To go in means they will potentially detain you. In my experience, when you comply with what ICE wants, they normally would not detain you unless you are a danger to the community. Maybe they want to detain you because you missed the first appointment. They only have the power to keep you detained for a period of about 6 months, and if they cannot deport you, which it sounds like they cannot, they have to release you unless you are dangerous. Given this rule, I do not know what the point of detaining you is. I would try to find out more from the lawyer, but my guess is that you ultimately will need to report. Keep us posted about what happens, and good luck, Jason
I got my Withholding of Removal approved in 2016. Had my green card for 30 yrs taken away b/c of conv of 2 fel causing removal order and w/h of it in 2016. After 2 yrs and having vaild EAD, with no conditions to report, I just got a notice to go to ice for “review” and to bring my pass. No changes to my status, no new crimes, no prob violations, none; still have valid pass from country I can’t go to. They want me to bring it. Should I be concerned? thx!
This is pretty common. I doubt it is a major concern, as they do not have the power to deport you (they could put you back in court, if country conditions have improved). Typically, it seems they do this to harass people. They may tell you to go to three embassies and apply for lawful status to live in those countries. It is a ridiculous exercise, but if you comply, they eventually leave you alone (though you may endure several more visits to their office). If things seem worse than that, you would want to talk to a lawyer. Good luck, Jason
Hi Jason,
I am in removal proceedings, I got married. I applied for change of status I-130. On April 5 I had second master hearing where my judge asked uscis to go ahead with stokes interview, since April waiting for the interview my next master hearing is in October, do you know how long takes schedule stokes interview? I heard 3month?
Thanks,
Dilya
I do not know how long it takes. Sometimes, if you contact the DHS attorney (the prosecutor), they can contact USCIS and help move things along. Normally, a lawyer does this, but if you don’t have a lawyer, you can try yourself. You can find the DHS contact info if you follow the link at right called DHS Office of the Chief Counsel (under Asylum Seeker Resources). You will need your Alien number when you called, and make sure to be nice, as you are asking them for a favor. Take care, Jason
If you have Withholding of removal, can you get married to adjust your status? An attorney told me that I wouldn’t be able to because we are not able to re-open cases with a deportation order.
If you get married and you are eligible, you may be able to reopen the case. Whether you are eligible, I do not know, but generally, if you entered the US with a visa, you do not have criminal violations or immigration violations (other than the Withholding/Removal Order), you may be eligible. You would have to talk to a lawyer about the specifics of the case, but if you are eligible, it may be worth a try. Take care, Jason
Hi jason i went today to my yearly report and they want me to buy a ticket for a country that don require visa they gave me a list any advise on that i think thats not legal
That sounds ridiculous. You can only be returned to a country where you have permanent status to live. Maybe they are trying to trick you/scare you into leaving. The ICE offices who do that sort of thing are liars, and they regularly lie to try to get people to leave. I recommend you reach out to a local non-profit and maybe they can put you in touch with an organization that can help. I did a post on September 22, 2016 with some links. You might also try reaching out to the local chapter of the ACLU or AILA (you can Google them) for help. I would not face this alone, and I would not let them get away with this. I suspect you would be able to find some free assistance, and you should not have to leave the US if you still have WOR. Take care, Jason
Thanks jason i just going to hire a lawyer because first officer told to apply three different countries and anorther one came out and told me all that i didn’t say nothing but i knew they were playing with me im not facing this alone next time i report im taking my lawyer and those three applicantions wit me i know they cant do nothing
I would also talk to the lawyer about reporting this to a higher authority, such as AILA or the ACLU. What they seem to be doing is (arguably) violating the law, and they should be held accountable. Take care, Jason
Hi Jason, Thanks to your advice my lawyer contacted procecutor and we could expedite the interview but first of all interview was not stokes and they were waiting for my daughter to come with her stepfather who is my husband petitioner ( we applied I-130 for my daughter together with my I-130, interesting part is she is even not here and never entered US, but the allient number was mine. In the beginning USCIS invited my daughter and my husband for the interview than my lawyer sent them email and changed the name. We thought it is mine interview just the made a mistake with the name as I-130 was filed at the same time for both of us. Second notice for the interview came with my name after my lawyer contacted) we thought this is our interview with my husband. Ok we came for the interview officer was kind of shocked where is the stepdaughter we are waiting for her not for you, I said she is not even here, then she went to find out what happened she called us again, she said you should have a stokes interview I can not give a clear convention, we said yes we were expecting stokes interview too, it was such a mess, after she promised she will find out and try to expedite my stokes interview befor the next master hearing which is in October 17,
So the question is what was that? Can I complain about it ?
Thank you,
Dilya
I am not sure that a complaint will help. All you want to do is have the I-130 approved. I do think that if you do not get an interview before October 17, you can at least tell the Judge and the DHS attorney what happened and that you tried to get an interview. Hopefully, this will get you more time, and sometimes, the DHS attorney can help move things along. Take care, Jason
Hi Jason,
My husband is green card holder still waiting for his citizenship answer, my I-130 and my daughter’s are approved but visa is not available yet as my husband still green card holder. My lawyer asked DHS attorney to file join motion but he says visa is not available yet and we have to wait. I have my next hearing in May. So what do you think I should go for next hearing and ask my judge to terminate the case and start filing for my GC? (It is extra money as I have to go with my lawyer) and also, can I show my income as well if my husbands income is not enough to sponsor me and my daughter as we filled jointly and our joint income is more than enough?
Thanks
Dilya
Unless your husband is a US citizen, you probably have to leave the US to get your green card, so I think you have to wait for him to become a citizen. There are exceptions to this rule, but they are pretty rare. I wrote something about this on August 8, 2018.You will have to go to your next hearing. If not, the judge will order you deported, which will make the whole case much more difficult. Given that your husband has already applied for citizenship, probably the judge will give you more time, and I think you will just need to keep attending court hearings until he is a citizen and then you can try to terminate. As for your income, you should be able to combine that with your husband’s income on the I-864, but you need to check the instruction for the form about how to do that and what other forms you need. If it does not work, you can find a joint sponsor. Take care, Jason
Hi,Jason
Please forgive my language is not good, I hope you can understand.
After completed the individual hearing (completed all the hearing,cross,case evidence and motion),the judge said it needs to consider and give another date to make final decision. But during this period the judge changed (Don’t know why，May be retired ). Whether the case will continue to complete the final decision or need Re-trial with new judge？
I would like to know if there is law support: whether the new judge must continue the contents of the previous judge’s trial ？Because the previous trial was very beneficial to me.
Thanks for you help me!
Normally, when a judge hears a case, he/she makes a decision in that case. If the judge has switched, you will just have to who up to the next hearing to see what happens (or maybe your lawyer or you could call the judge’s clerk to see if there is any news). Take care, Jason
Hi Jason,
Thanks for reply!
I just want to know clearly whether the contents of the previous trial are valid?
Thanks!
If there is a new judge, it is up to that judge – I do not know. But it would be a huge waste of resources to do a new trial (not to mention much extra stress for you). Hopefully, the old judge left whatever was needed for the new judge to make a decision. Take care, Jason
Hi Jason,
You really understand my mood.
New judge if asks for new trial,It will give me extra pressure. This situation is more likely to cause mistakes.How to protect myself?Because the previous hearing did not cause any problems, the judge believed me.
If the mistakes made in the new trial are not credible, the new judge may decide not to approve case，Is there a way to avoid this happening？
Thanks
I think the only thing you can do is communicate with the new judge and see what happens. It sounds like it is now in the hands of the new judge. Take care, Jason
Hi jasom i went to my yearly report as normal and for no reason they ask me for my passaport they said they want a copie what you think about that i have wor what i have to do going back next Friday
I do not know that they can do much when you have WOR – though I wonder if WOR is based on domestic violence, a new case (I wrote about it on June 12, 2018) may affect that. Even if the new case affects you, the most ICE could do is serve you with a notice to go back to court. I have not heard about this happening, but I suppose that is possible (if your case was based on domestic violence). More likely, they will just return the passport and give you another date to report. Take care, Jason
My case is from 2016 and is not based on domestic violence
Hi jaso i went to my yearly report and want me to buy a flight ticket to another country that dont require visa to travel i think they wrong any advice
Hi Jason,
When applying for a EAD.. (for someone who has WOR ).do u have to apply for a new social security card with a new number..or can you , and should you keep the same card with the same number you have.
You should talk to the SS office, but I think you would always have a card that is restricted and requires the EAD in order to work. Take care, Jason
Does the latest withdrawal by the US from the UN human rights council have any consequences to those granted withholding under the CAT treaty? Thank you
It should have no effect on CAT or asylum in the US. Take care, Jason
Hi Jason
I have entered US on B2 visa in 2007 I have over stayed for 2 years and filled political asylum / withholding of removal. Judge granted withholding of removal in 2010. I have granted tps 2015 so now I have both status. Recently I have travelled to my home country with emergency advance parole for my father funeral. My employer filed eta 9089 for parmanent labor two weeks ago if labor certificate and I-140 approved .what would be my process for adjustment of status.
will they USCIS allow me for adjustment of status?
Or can I re-file for asylum?
Thank you
I do not know if it is possible, but you will need to reopen your case with the Judge (among other things). You need to talk to a lawyer about the steps involved. Maybe you can do it, but it will not be easy and a lawyer should be able to tell you whether it is possible. Take care, Jason
Hi Jason,
I have the WOR status for 12 years now and few years ago I applied for travel document and I was able to get one (very surprised).
I did travel to a third country (not the country that I was seeking asylum off) to see my mother that was sick and return back to US from a Canadian border crossing with no problem. The border patrol agent scanned my document and didn’t find any problems but he didn’t stamped any thing on my travel document.
My question to you is: What happen to me WOR status now?
Thanks.
Good question. Sometimes things that should not work, do work, so that is good. If you can still renew your EAD under the WOR category, I guess that is a sign that you still have WOR. I would be careful about trying this again, as things now are tougher than ever. You might also double check that you actually have WOR. You can call 800-898-7180 and enter your Alien number. Press 3 and it should tell you whether you were ordered deported (I think it says you were ordered deported if you have WOR). See what it says. If it says something else, you may want to talk to a lawyer to double check what status you actually have. Take care, Jason
Hi Bora.
I also have WOR and i have been thinking what to do to travel to visit some family members abroad but i don’t know what to do so please can you tell me the process which you went through to get your travel documents approved so i can try and see if it works for me too.
Please you can give me your contact number to call you so we can talk about this as i need to do something about this.
Hi Jason,
I received WOR status 15 years ago and now I will be applying for adjustment of status from my wife which became citizen this year. I entered the US illegally and for that reason I have to apply for some kind of waiver. Do you know anything about this condition? Does it take long for this waivers to get approved?
Thanks.
Maybe you are talking about the I-601A waiver? That requires you to leave the US to get your GC overseas. Before you can do that, you have to reopen the WOR case with the Immigration Court and somehow eliminate the WOR order. This will be tricky, and will probably require some coordination between your lawyer (hopefully you have a lawyer for this) and the government lawyer. Take care, Jason
Hi Marko.
Please i have the same situation as you and i don’t know what to do so i want you to let me know how your process goes on as you go ahead with the adjustment of status as am also planning to do the same but don’t know where to start as people keep saying it can’t be possible since i came into the country illegally.
So please i need some few advice and also Jason your comments will be helpful.
I came in through the border but i turn in myself at the homeland security immigration and i was taken into the immigration detention where i got the WOR.
So please Jason can you help let me know if this means that i came in illegally or coming into the country illegally means you came in without turning in yourself to the Homeland Security.
For the large majority of people, if you entered the US without a US visa, that is not a lawful entry and you are not eligible to adjust status through marriage – you have to get the GC overseas. There are some exceptions here, and so it is important to talk to a lawyer about the specifics of your case to see what can be done, if anything. Take care, Jason
Hello Jason,
Does the New ruling by Jeff Sessions regarding raising the bar and overriding judges orders, affect already approved and settled Withholding of Removal cases? Can he overturn a judges decision granting withholding in 2014?
Unless Withholding was based on a domestic violence claim, or some other type of claim discussed in the case, I do not see how that could happen. Even if Withholding was based on domestic violence, I still doubt the recent decision would affect you, but theoretically, I suppose it could. Take care, Jason
It’s based on sexual orientation not domestic violence and granted In 2014. Is this something he would overturn or is the protection safe and secure?
I highly doubt the new decision would affect a sexual orientation case from 2014. It seems unrelated to the main point of the new case, so I think it should be fine. Take care, Jason
Jason,
Can AG overturn a judge’s decison not appeal courts’? All the cases AG overturned so far are Appeal Court’s decisions as far as I read from the news and internet. This is sacry. Why we have the courts and judges than if an AG can make decisons for all the cases. Thank you!
The AG is overturning decision from the Board of Immigration Appeals, which is part of the Department of Justice (Immigration Judges are also part of this department). The AG is the head of DOJ, and so he can overturn such decisions, since the BIA is an administrative court, not a federal court. The AG cannot overturn federal court cases, which are independent of his agency. Take care, Jason
Dear Jason,
I’m glad I found this site where I can ask questions.
I was granted Withholding of Removal under 241 (b)(3) of the INA on April 20, 2017.
As admitted into U.S. under this classification, I dont know if I can apply for I-485, Application to Register Permanent Residence or Adjust Status.
Then I found this https://www.uscis.gov/greencard/caa
-In order to be eligible for a Green Card under the CAA, you must meet the following requirements:
– You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
– You are a native or citizen of Cuba;
– You were inspected and admitted or paroled after January 1, 1959;
– You have been physically present in the United States for at least one year at the time you file your Form I-485;
– You are physically present in the United States at the time you file your Form I-485;
– You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
– You merit the favorable exercise of USCIS’ discretion.
I meet all the requirements to apply for the Cuban Adjustment Act. Then my question is:
Is it possible the Cuban Adjustment Act of 1966 override the Withholding of Removal?
I would greatly appreciate your response.
Best,
Barbara
I really do not know, sorry. I would think that unless you are barred from the CAA by a crime or some other issue, you should be eligible for that. Talk to a lawyer who does CAA cases to see what can be done. Take care, Jason
Hi Jason, I was thinking of enrolling to college to study cosmetology, but my status is deferral of removal under convention against Torture, would you think that I would get any government help like a loan or something?
I doubt you could get government help, but you may be able to find a private scholarship. There are many different kinds of scholarships, and so maybe something would be available for you. The school may have an office that helps with this. Otherwise, I guess it is a question of searching online. Good luck, Jason
Hi Jason,
I was granted WOR 10 years ago . But 3 days ago my friend who paid my bond when I was arrested 13 years ago received a notice ” ICE Form I-340, Notice to Obligor to Deliver Alien” with a date and time (1 month from today) and it also says “Purpose : Removal ” . I have been worrying since my friend received this notice for me and I could not stop worrying. Will I be detained by ICE and deported? and should I bring The Lawyer that handled my case originally, I did not do anything wrong or criminal , please can you advised me , thank you so much
I’m just curious that if you have WOR why they send you I-340? If you have WOR status why the bond still exist? Does your friend request for his money to be refund after the judge decisions? I thought if you have this kind of status your bond should be released and if ICE need you should be contacting you directly instead of your friend. I understand he is the one who post the bond but your case has been settled. Did you volunteer to leave the country but not? Thanks
Dear Eli, thank you so much for your response, my friend also surprise and actually i I had paid my friend for the bond along time ago, so she is not expecting any refund, actually after judge decision we tried to get the refund but ICE said as long I still don’t have permanent residence status I can not get the refund. And I did not volunteer to leave the country
I have heard about other people with WOR who are unable to get the bond back, and this may be the general rule (which is, of course, idiotic). Anyway, I suspect they want you to apply for residency in other countries in order to harass you. Let us know what happens. Take care, Jason
I was on the same situation years ago. I post my own bond and after I received WOR status I request for my bond to be released and they refunded. I don’t think having green card or not matter to release your bond. Your case is settled and have a status even if you’re under removal procedure. I suggest you to contact an immigration lawyer to get more info about it. Good luck with your visit.
Thank you for that – That may be the rule today as well, but I do not know. Take care, Jason
ICE is acting very disgracefully these days. My guess is that unless country conditions have changed in your home country, the purpose of the meeting is to force you to visit several embassies and apply for residence in those countries. If you comply with this idiotic and unrealistic demand, they will eventually leave you alone. The only purpose I can see to this is that ICE wants to bully people. Even if conditions in your country have changed, ICE cannot deport you, so you should not worry about that. They would have to send you back to an immigration judge to have a new hearing a decide whether to take away your status. That is a long process. So I highly doubt they will detain you or even put you into removal proceedings, but there is no way to know for sure. I do recommend that you at least contact your lawyer about this to see what the lawyer thinks, as I obviously do not know the details of your case. Please let us know what happens, as that will help others. Thank you, Jason
Dear Jason, thank you so much for your reply, I hope that will be the case. I am in process to contact my lawyer, I will let you know what happen next, thank you again
Hi Jason, after your advise a while back I submitted the i430 for my parents got the visa and was lucky enough through a lot of work to reopen their withholding of removal case. Now we are waiting for their green card interview. Do you have advise on what we should expect at this interview ? Do they still face deportation since we reopened their withholding of wmivak case? I have heard of ICE coming to these green card interviews and arresting people. I am wondering what you have heard from this viewpoint. Thank you for your help
Hi Dan
Hi Dan i have the same situation as your parents I went through soo many attorneys no one couldn’t help me all they did was take my money,I would appreciate if you could give me your attorneys info I would like to give him a try and see if he can do anything
Hi Jason,
Thanks for the advice, they have the I-130 approved and we are waiting for the I-485 interview. So they can’t face deportation because they got withholding of removal before. That’s a relief. Have you had any of your clients at an adjustment of status interview? We keep trying to figure out what they will be asked and if we need our lawyer there.
@nick my lawyers name is Micheal Murray he has offices in Austin Texas
I have heard that too, but presumably, if the court case was reopened, there is no long an order of removal (and even if there is, they cannot be removed because they have WOR). Also, some people are eligible for a GC without leaving the US and others are not, depending on the case. Finally, normally, USCIS will not have jurisdiction for the I-485 if the person’s court case is still open. These are questions you should ask a lawyer, as it depends on the facts of the case. Maybe they are having an I-130 interview (or is the I-130 approved?). For I-130 and I-485 interviews, they usually ask about the biographic info, they ask the questions on the form, they might ask about the asylum/WOR case, and they well ask other questions to determine eligibility for the benefit. Take care, Jason
Hi Jason,
Thanks for the advice, they have the I-130 approved and we are waiting for the I-485 interview. So they can’t face deportation because they got withholding of removal before. That’s a relief. Have you had any of your clients at an adjustment of status interview? We keep trying to figure out what they will be asked and if we need our lawyer there.
They can ask anything they want – but typically, the ask about the same questions on the form, but they might also ask about the original WOR case. In a case like this, with a complicated history, it is probably a good idea to have a lawyer present in case the officer has questions about how the case has been proceeding so far. Take care, Jason
Hi Jason thank you so much for ur help it is a way to contact you
Good morning Mr Jason, how long my dad need to wait for the appeal for Cat and with holding act ? and what can we expect?the meeting he did with the asylum’s agents made it credible but the judge denied it now that he was appealing the trial was 05/02/18.
Thank you
Sorry, I do not understand your question. Normally, any appeal must be filed and received by the BIA within 30 days of the Immigration Court decision. Take care, Jason
Thank you for your time, my question is my dad can be proof with the appeal ?
I do not understand what you mean. Normally, all evidence must be filed with the Immigration Judge, and not on appeal. If you have new evidence, you might want to talk to a lawyer about how best to deal with that. Take care, Jason
Hi Jason,
I was granted WOR a month ago and government attorney waived the appeal. I applied for I-765 received a Receipt Number and also received and I-797C for biometrics with an appointment date and time . But yesterday my friend who paid my bond when I was arrested 9 years ago received a notice ” ICE Form I-340, Notice to Obligor to Deliver Alien” withe a date and time (2 weeks from today) and it also says “Purpose : Interview ” . I have been reading since my friend received this notice for me and I could not find any relife. I started worrying. Why do you think ICE wants to interview me? Please advise if you can. Thank you in advance.
They probably just want to harass you. We have seen this a lot, and it is very disgraceful that they do this to people. Sometimes they order you to go to different embassies and try to get residence in those countries, or they give you other conditions you must follow. It is obviously ridiculous and will not work, but you should just follow their orders, and if you do, we have found that eventually, they leave you alone and pick on someone else. But you should know that you are safe from deportation, and so you probably do not need to worry too much about this. Take care, Jason
Jason,
I thank you so much for taking your time to explain it, I really appreciate. According to what I am reading about this notice in internet I have found this notice is (Ice form I-340) usually sent if the Bonded Individual Fails to Comply with the Bond Conditions of Appearing in Immigration Court or at an ICE Check-In, which none of these applies to me. Do you think it is better to go to this Ice Interview with my lawyer? Thank you again.
The lawyer can’t do a whole lot for you at the interview, but it might result in better treatment. I do not typically go with my clients when they have these check-ins. It is time consuming, and lawyers normally charge for their time. But if you don’t mind paying, it is probably a good idea to have a lawyer present. Take care, Jason
Hello again Jason,
My lawyer spoke with an officer at ERO and they advised that because I was ordered removed, they are putting me on an order of supervision. This means I have to check in with them in several months intervals as my lawyer says. Since you have been super helpful here can you advise me what do these all mean and what should I expect? I thought I was granted relief but I started worrying again like I did past 9 years. Thank you kindly.
If you have WOR, this is happening to many people. Maybe they will ask you to go to various embassies and apply to go live in those countries. It is a waste of time (and they know it), but they do it to harass people. I have found that if you do as they ask, after a few months, they will leave you alone. Take care, Jason
Thank you for your reply Jason,
I realy want to go to this ICE interview with an Immigration Lawyer, can I go with a different immigration lawyer instead of my own? Because she is asking $1000 to go to this interview with me, she (my own lawyer who handled my case) says she blocked her whole morning untill noon for this interview. Is this $1000 reasonable? I was shocked when I saw her email asking $1000.
It is expensive, but I also think it is reasonable. Lawyers bill for the time, and these interview–or at least waiting around for your interview–can take hours (not to mention travel time). It may be difficult to find a lawyer who is less expensive, but you can go with any lawyer (though obviously your lawyer knows more about your case than a different lawyer). Maybe you can take your lawyer the first time, and plan to go on your own once you understand better what happens at these things. Also, for what’s its worth, I think this is part of ICE’s plan – they want to harm immigrants by forcing you to go to these useless check-ins, and paying $1000 is certainly a harm to you. Take care, Jason
Hi Jason. I was granted WOR about 15 years ago and everything has been fine so far. My wife, currently a green card holder, is getting ready for her citizenship oath ceremony next month. We’ve been talking with a lawyer to reopen my case and to hopefully able to adjust my status to gain a residency. This is the same lawyer who helped me 15 years ago for my WOR, so she knows my background. I came to the US inspected and both my wife and I have no criminal records. I got WOR because I missed the one-year limit.
Based on your experiences and with all the changes in the immigration world, do you think it’s a good idea to pursue to reopen my case right now? Or is it better to wait until the immigration settles down a bit? My understanding is things are getting worse for sure, but it seems from your postings, it’s still possible to reopen a case these days, terminate it, and adjust status either with government or with USCIS. I basically just want to get your opinions before I sign the contract and consider all my options. Thank you for your help.
Assuming you are eligible, as you appear to be, I see no reason not to give it a try. When I do cases like this, I do it step-by-step. So the first part is the I-130. Once that is done, the motion to reopen, etc. We have the clients pay for each step individually, so if one step does not work, they at least have not paid for the full amount. I think most lawyers do this, so maybe yours will too. Good luck, Jason
Just being curious has anyone ever get his or her WOR status adjusted to a green card.
Does this really works because since i have been on this site waiting to hear some says he or she get his WOR statues adjust and for all the question people keep asking i haven’t seen any good respond or any hope of even trying get my WOR status adjusted.
I do not recall whether we have ever done that for anyone, but it can be done (I know of examples from other lawyers, plus, it is not really all that complicated for those people are eligible to “adjust status” and get the GC). And we have reopened many people’s cases, so there is nothing so novel about that. The main issue is determining eligibility for the GC before you start the process (and start paying a lawyer), as there is no point in starting a process that cannot be completed. Take care, Jason
I am from The Gambia and was granted withholding over 15 years ago. I never had issues renewing my EAD until recently when I received notification that it was denied. I understand it is happening to a few Gambians. Is it because the county has returned to a democracy? We no longer have arrests and tortures. Will I be deported?
Hi JF, what was the reason for them to denied your EAD renewal? Was it because of what you just mentioned about democracy or something else?
I have not heard about that, but if the Gambia is now considered “safe” by the US government, they could revisit Withholding cases to see whether it is safe for the particular person. However, this would not be a reason to deny an EAD renewal (since you still have the same status – Withholding – that you had previously). I recommend you talk to an attorney about the denial and see if you can get some help. Take care, Jason
I can’t agree with you more. I have been trying to get a withholding clients a work permit, and it it impossible!!
This is for Jason and Matt Pearson .I was granted WOR 3 weeks ago and my lawyer applied to work permit for me right away. I have not received a Receipt Number yet so basically my lawyer mailed the I-765 to USCIS Lockbox in SF. What is the time frame to receive a Receipt Number and how long does it take to get the SSN and EAC? I need to work and I am keep borrowing money from friends so I need my SSN and EAC asap that is why I am asking these questions. Thank you for your time
It probably takes 3 to 5 weeks to get the receipt. The EAD probably comes in a few months. Did you not have an EAD based on asylum pending? If not, hopefully you will get a new EAD based on WOR soon. Take care, Jason
Jason , I did not have an EAD based on asylum pending so first time applying for SSN and EAD. I thank you for replying to my post. Take care, Ed.
I m with WOR since 1993 my daughter she 23 years old she’s us citizen my lawyer try to reopen my case it’s denied I work I paid my taxes.my i130 was approved can you please tell how.i change my status to green card holder
It may be impossible depending on the case. However, the normal procedure (if it is possible) is to get an approved I-130, re-open the court case, and then “adjust status” to get your GC based on the approved I-130. Sometimes, this is done in court; other times, the court terminates the case and you can adjust status with USCIS. If the lawyer tried and failed, you may want to have a different lawyer evaluate your case to see whether it is possible. Good luck, Jason
thank you so much my joint Motion request was approved you think next step its easy
I don’t know, but usually reopening the case is difficult, so if DHS agreed to a joint motion, hopefully it means that you have a good case for relief. Take care, Jason
Hi Jason I was granted with WOR in 2015 I have girls and in my country the do the genital cirsilation is a room to reopen my case bc I’m so scared in the same year I lost my brother and my step mom for Ebola , my mom fall and broke her ribs I did fully know the consequences of WOR and I went to see a lawyer yesterday she say the can deported me
I do not see how they can deport you if you have WOR. Potentially, if you were not advised about the consequences of WOR, you can try to reopen the case, but given that three years have passed, this will not be easy. You can talk to a different lawyer about that, as reopening may involve a bar complaint against the first lawyer (who failed to advise you about WOR). As for me, my email is jdzubow@dzubowlaw.com. But you are probably better with a local attorney. Take care, Jason