I Hate Withholding of Removal. Here’s Why.

by Jason Dzubow on December 10, 2015

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?

Stop complaining - You're lucky we give you anything to eat at all.

Stop complaining – You’re lucky we give you anything to eat at all.

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.

{ 76 comments… read them below or add one }

Sami March 28, 2017 at 2:19 pm

Hi Jason,
First of all I have been reading your posts for about a year now, I really appreciate for your time and expertise, you are truly helping people to have some perspective about immigration cases. Thank you!
I entered the United States legally thru student visa (F1 Visa), within three months I applied for asylum because of fear for my political view/participation in my country of origin Ethiopia, I had enough evidences for my arrest and persecution, however the Asylum Officer didn’t grant me asylum, his reasoning was “inconsistency”, there was no any issue in my case but he referred me to immigration judge. I went before IJ and presented my case, the prosecutor offered me withholding, the judge asked me if I can take the prosecutor’s offer, my lawyer advised me to take it because it’s better to accept the offer, per my lawyer the judge could take it as a negative so he could deny me all together, so I believed my layer at that time and accepted the withholding. After 11 year I just learned from my current lawyer that I had strong case and I should have never accepted the withholding. To begin with I shouldn’t have taken the prosecutor’s offer, I could have allowed the judge to make the final decision. The only reason I accepted the withholding was because I didn’t know what withholding is at that time, if I had the same understating as today about withholding I could have fought for asylum. Anyway now I am withholding granted married man.
To make the story short I’m withholding granted since 2006. I got married in 2014 and around November 2015 I applied for I-130 and approved in April 2016.
On my personal note, I’m a professional, working as lead programmer. In the last 11 years (since I entered the US) I don’t have any criminal record. I am hardworking man, I pay my taxes, I respect the rules. To be clear, I was stopped by police for traffic violation like speeding (6 miles over the speed limit, one time in 11 years), another time my car light wasn’t working (I didn’t know), it was a warning, that’s it, I don’t have any criminal record at all.
My question is:
1. Can I apply I-485 and cancellation of removal at the same time? Meaning until the judge cancels the removal meanwhile I can process I-485. Note that DHS has agreed to reopen the motion and dismiss the case. I am waiting the Immigration Judge appointment.
2. It has been three months since DHS agreed to dismiss the case but the clerk couldn’t able to assign it to a judge (Note that the first judge who had my case (in 2006) is not in the court anymore). The question is how long does it take the court to have a final say? is there a way I can expedite the case?
3. From your experience based on my story is there anything you can advise me? what is the chance the court to dismiss the removal proceeding.
4. Do you think the Trump administration has any impact on cases like mine? If yes, in what way?
My case is in Arlington, Virginia (Executive office for immigration review Arlington Immigration Court). I live in VA.

Thanks,

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Jason Dzubow March 29, 2017 at 6:48 am

1 – It sounds like you are on the way to getting your GC if DHS has agreed to reopen the case and then terminate proceedings. If you need the EAD, you can file the I-485 early, but that can get messy, and it is preferable to get a new EAD based on WOR and then, once the court case is terminated, file the I-485 (and for a new EAD if needed). 2 – You can call the clerk and ask about the case. Unfortunately, the Trump Administration has changed the priorities for judges, and a case like yours might be delayed as a result. 3 – It sounds like you will get the GC. If DHS has agreed, you should be in good shape. 4 – Only re: the court priorities, which will create additional delay. Take care, Jason

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Mona March 28, 2017 at 1:21 pm

I was charged with aggravated felony and ICE got me and made an immigration case that resulted in canceling my Green Card and granting me WOR status. Would it be possible to get my green card back? can my parents, who are US citizens, apply for me to get green card thru them?
what are my options?
Thank you!

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Jason Dzubow March 29, 2017 at 6:22 am

Maybe you can get a green card with a 212(h) waiver. Sometimes, that can work for people with aggravated felonies, but you would need to talk to a lawyer about that possibility, as it depends on your case and many factors. Take care, Jason

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Farhan March 28, 2017 at 2:04 am

HI Jason, i am really very grateful your timely responses on immigration matters in general and asylum in particular. I was granted withholding of removal 3 years ago by IJ , reason was firm ressettlement although i showed that i also had fear of prosecution based on nationality from that third country. The IJ found that i met the definition of refugee and eligible asylum from my home country but because of the third country firm ressetlement she granted me WoR. Noww i brought forward previously unavailble supporting docs and a lawyer filed Motion to reopen with the IJ. When i check with my A# the voice prompts tell me that motion to reopen was recieved and its pending. Its 1 year 5 months from the date the court recieved my MTR . I NOW have another problem back my home country where armed men kidnapped my mom recently and i am now very scared of her life , what are your thoughts about this? How can i reach the court to exediate my case ? What kind of supporting documents will the court require me to show my moms kidnapping? Keep in mind that my country doesnt have a government that controls the whole country and my family is member of particular social group who are minorty in my country . Pls i am in neeed of your opinion. Thanks again.

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Jason Dzubow March 28, 2017 at 6:32 am

I actually have a case on appeal now related to firm resettlement, and it involves the problem of the third country being unsafe (it is the case that inspired the above post). We’ll see what the BIA says. I think you need to contact the court to ask about your Motion to Reopen. Talk to the Judge’s clerk. Also, if there is new evidence (police report, news articles, letters from people who know about kidnapping), you can file that and ask the court to reopen. I am not sure how the kidnapping changes your case, though, as you already have WOR from your country. It seems the problem was firm resettlement in a third country and I do not see how the kidnapping affects that, but maybe I do not have all the facts. Take care, Jason

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Farhan March 28, 2017 at 3:51 pm

Many thanks Jason indeed for your quick response. What really interested me is this particular appeal case that involves firm resettlement. Although mine is related to south africa where i was granted refugee permit which on temporary bases where i had to renew every 2 or 4 years . After continous attacks on people like me especially somalis by south africans , i decided to escape. I have police police reports that i submitted along with motion to reopen, i dont knw if the case you mentioned is also from south africa, assuming that if you win, it may help me too to overcome this firm ressettlement bar. Pls i need to keep on touch with you regarding the case appeal and hope you win since i know how it feels like to have withholding of removal as a status. Pls is there a way i can get updated with this particular case? Thanks jason again.

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Jason Dzubow March 29, 2017 at 6:50 am

In fact, my case also involves firm resettlement in South Africa. The case is waiting for a decision from the BIA. It could come today or it could take another year or more. You can check back with me in a few months, but even if we win, it is most likely going to be an unpublished decision that may not help you too much (but it might help, so check back). Take care, Jason

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Jayna Renee March 24, 2017 at 1:38 am

Hello Jason,
My mother was granted WOR 24 years ago after being denied of asylum. She was then sponsored by her job through the I-40 application, and was approved, but has yet to be contacted on moving forward. I turned 21 in September, and petitioned the I-30 for her to get her green card. Do you think we have high chances of getting approved?

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Jason Dzubow March 24, 2017 at 12:29 pm

Once the I-130 is approved, you have to reopen the court case and then let her get the GC based on you. However, depending on many factors, that may or may not be possible. I suggest you talk to a lawyer to review the specifics of her case before you move forward. Take care, Jason

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Jose Giron March 21, 2017 at 7:09 pm

Hi jason i have a question i was deported four times i serve 2 years for reentry charge went to inmigration detencion and granted WOR I HAVE TO REPORT. BUT I HAVE A FELONY CHARGE (old one ) hows my chances of getting deported i have my EDA. DO THEY CAN SEND ME BACK TO MY COUNTRY

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Jason Dzubow March 22, 2017 at 6:16 am

If you have Withholding of Removal, you cannot be sent back to your country unless your country becomes safe for you. Take care, Jason

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Lawens March 20, 2017 at 2:47 am

Hi Jason I have a question I was in immigration detention center for almost 3 years the IJ grant me withholding of removal I’ve been on it for almost 3 years now I work I never got in trouble I go see ICE every year so do you think that they can just put hands on me and send me back to my country whenever they want without me violating my withholding of removal status thank you hope to her from you soon.

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Jason Dzubow March 20, 2017 at 12:27 pm

You cannot be sent back to your country if you have withholding of removal. That is the whole point of withholding, so you should be safe. Take care, Jason

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Victor Gonzalez March 13, 2017 at 12:09 pm

Hello my question is I came to this country illegaly in 1993 in 2003 ihave been granted withholding of removal in 2013 I get married with a citizen American ihave been approved my i130 in 2016 can I apply for i485 for my green card thank you

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Jason Dzubow March 14, 2017 at 6:16 am

Possibly – If you qualify under INA 245(a), then you can adjust using a form I-485 and pay a fine of $1000. You should talk to a lawyer to see whether you are eligible for that, but generally, it is for people who had an immigration petition or labor certification filed for them (or sometimes for a parent) prior to April 30, 2001. If you are not in that category, you probably need to leave the US and return with the green card, but this is tricky since it also requires reopening the old court case and getting permission to leave without a deport order. You should talk to a lawyer about the specifics of your case to see what you can do. Take care, Jason

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EDUARDO March 14, 2017 at 3:02 pm

Hi Jason!

I’m a subscriber, and a few weeks ago you helped me out with a question regarding my situation as an Asylum applicant on Withholding of removal. My question to you today is if you know any Organization that is currently helping asylees/refugees resettlement that is currently doing some amazing and efficient work/results

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Jason Dzubow March 15, 2017 at 6:11 am

There are hundreds of such organizations. It really depends on what you need. I did a posting on September 22, 2016 that might help. Take care, Jason

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Max March 10, 2017 at 5:33 pm

Hi Jason, I was granted WOR under INA 241 (b) (3) in 2013 and I have 2 kids who were born in here and now I have my own business. My question is there any way to adjust my status to get green card either from my daughter who turn 16 years old this year or from my business? Thanks

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Jason Dzubow March 10, 2017 at 5:58 pm

Not from the daughter, though maybe that would be possible when she is 21. Probably not from the business, but maybe. It would be complicated and would likely involve you leaving the US. You would need to talk to a lawyer to help guide you through it. Realistically, though, you are probably better waiting for her to turn 21 and then have her file for you. I do not know your case, so it may not work, but that seems to me the better option and it may not require you to leave the US. Anyway, talk to an attorney before you start the process to make sure you can get the green card. Take care, Jason

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Ke March 9, 2017 at 7:37 pm

Hi Jason,good evening pls I need some help.i have withholding of removal in the United States because I entered uninspected.now I have a fiancé who is a Canadian citizen and she wants to know if she can come and marry me in the untied states.is this possible?will this affect my status in the states?will the states know Am married to a Canadian?pls advice.

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Jason Dzubow March 10, 2017 at 7:40 am

You can marry her, but that cannot give her legal status to remain in the US. From an immigration point of view, you might be better off moving to Canada after she files for you, assuming you are eligible. Otherwise, she can try to stay here as any other Canadian person would – maybe she can talk to a lawyer about all the options. Take care, Jason

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kel March 22, 2017 at 12:38 pm

Hi Jason, thanks for your good work and response.
My cousin came to the united states uninspected and was later granted withholding of removal base on the fact that he was a Gay man from Africa. Now he his deeply in love with a Canadian citizen lady who is willing to come over to the united states to marry him so they can move and live in Canada together, The question is will this affect his current status since he can work and renew his EAD every year in the united states? will marrying the Canadian citizen lady in the united states trigger any sort of problems for him here in the united states since the withholding case has been closed. pls your advice will be greatly appreciated he his very worried.

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Jason Dzubow March 23, 2017 at 6:09 am

He cannot give any status to the lady, so she will have to find her own way to remain here legally. If he takes Canadian residency based on the marriage, he will lose his withholding status, and if he leaves to Canada, he will not be allowed back to the US, at least for a period of time. Take care, Jason

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Selby March 9, 2017 at 9:22 am

Last question for you jason, is it good to appeal my asylum case since they granted me the withholding of removal? If so how many chances that they may approve me with asylum? Or I should stay with this removal status & forget?

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Jason Dzubow March 10, 2017 at 7:07 am

If there is a basis to appeal, it is worth it. Generally, if you have withholding and you appeal, either you will get asylum or you will keep withholding. It is unlikely that you will lose what you have. Of course, it depends on the case, so talk to a lawyer about the specifics, but it may be worthwhile to appeal if you have any chance for success as asylum is the much better outcome. Take care, Jason

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Sam March 8, 2017 at 12:27 pm

Hi Jason, my name Samuel and I am from Ethiopia. I have removal withholding status. I report/check-in at ICE every year. I will be check-in sometimes May this year. I have a DUI (misdemeanor charge 8 years ago), do you think ICE will detain/deport me. I heard from the news ICE detained people when they show up for check-in, but the news doesn’t mentions about the detainee’s current immigration status.
Thanks

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Jason Dzubow March 8, 2017 at 11:39 pm

I think I answered this when you posted it before. Please check that. Take care, Jason

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sami March 6, 2017 at 10:21 pm

hi Mr Jason I have ordered deportation and my order withhold since 2010 and my case closed can i get my EAD if can what I can do and what my status

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Jason Dzubow March 8, 2017 at 10:38 pm

If you have withholding of removal/deportation, you can get an EAD (and there is no fee). The form is the I-765, available at http://www.uscis.gov. Take care, Jason

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Mari March 4, 2017 at 12:15 pm

Hello, I have someone with WOR and recently received a rejection letter. We are confused as why. There is no receipt number or anything else. It just states extra remittance was sent which is not required for his application.

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Jason Dzubow March 5, 2017 at 12:18 pm

Are you referring to the EAD? A person with Withholding of Removal does not need to pay a fee for the EAD. Take care, Jason

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Mari March 5, 2017 at 12:21 pm

Thank you. We didn’t understood what was going on. We got his receipt yesterday. So, that made me feel better.

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Mari March 6, 2017 at 9:51 am

Hi Jason, another question. This person was granted WOR under INA 241 (b)(3) and WOR under CAT in 2011. Previously, he had a green card that due to the charges he had he end it up in that situation. He never appealed his case to see if he could get his gree card back. His charges were vacated. I’ve read about how you can open the WOR case. So, I was wondering if he had any chances?

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Jason Dzubow March 6, 2017 at 3:19 pm

If the charges were vacated, he may be able to. He should talk to a lawyer about that as soon as possible, as there could be time-limitations on when he can file to reopen. Take care, Jason

Mari March 14, 2017 at 5:24 pm

Hi Jason, can you provide me with a consultation quote? I would like for you to just look into his paperwork. The attorney said nothing could be done to appeal his case but a second opinion doesn’t hurt. CAT is not something very commonly given in NC and even she wasn’t aware that the EAD was fee. Just want to be 100%sure.

Mari March 9, 2017 at 9:20 am

Thank you. Sorry for all the questions but we haven’t been able to get the attorney on the phone. We received the receipt Saturday (it says it’s in process)and we haven’t been able to track the case online. Any idea how long it would take for the system to show any info.? Thanks

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Jason Dzubow March 10, 2017 at 7:05 am

You cannot track asylum cases on-line. The best you can do is check the Asylum Office Scheduling Bulletin (a link is at right) to get a general idea of the waiting times. Take care, Jason

mari March 10, 2017 at 7:44 am

I just saw that bulletin. Does this also applies to renew EAD? He wasn’t are of not paying for it and now not tracking it. Even the attorney was wrong.

Selby March 3, 2017 at 9:43 pm

Hi Jason.

I was denied asylum but granted a withholding of removal status, I wanna know that is it possible to get a green card through marriage? 2nd question, how safe I am that I won’t be deported? I have 3 kids who were born here and I’ve been here for 10 years. Last question, what is the worst scenario can heppen to me?

Thank you so much

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Jason Dzubow March 5, 2017 at 11:32 am

It may be possible to get a GC based on marriage, but it depends on your case – You can talk to a lawyer about that. I think it is very unlikely that someone with withholding will be deported, unless you become a resident of a third country and you get deported there. You are protected by US law and by an international treaty, so I think you are safe. Worst case, if you are a danger to the community, you can be detained, but given that you are not detained now, that seems unlikely. Take care, Jason

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Thulie March 3, 2017 at 2:16 pm

Hi! I was denied asylum so I’m under the removal withholding status. Is it possible to invite the child that i left in my home country? If it’s possible how to go about that? Thank you.

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Jason Dzubow March 3, 2017 at 5:09 pm

This is a difficult situation. The child would have to get a visa the same as anyone else who wants to come here. I recommend you talk to a lawyer who specializes in consulate/embassy cases, as it will probably be more difficult for the child to come here since you are here and the US government will probably think that the child plans to come here permanently. Take care, Jason

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Eliot March 1, 2017 at 1:24 am

I have a removal withholding status. 8 years a go i was charged with DUI (misdemeanor). Will i be affected/deported by the new law?

Thanks

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Jason Dzubow March 2, 2017 at 7:29 am

If you have an old DUI and you currently have withholding, I do not think the DUI will have any affect on your status. Take care, Jason

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kunmi February 28, 2017 at 2:33 pm

Hi,I and my kids fled our country for the US and we have stayed more than a year but my husband came in months after us,and is still within the 1yr range we plan to seek for asylum .my fear is won’t my kids and I won’t be affected since we’ve past 1 yr.thanks

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Jason Dzubow February 28, 2017 at 10:45 pm

If your husband is the lead applicant and he is eligible for asylum (filed in less than one year), then you and your children should be able to get asylum too if his claim is accepted. Take care, Jason

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Zac February 28, 2017 at 1:18 pm

Jason thank you for your response. My application for asylum was granted 🙂

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Jason Dzubow February 28, 2017 at 10:41 pm

Great news – Congratulations, Jason

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no February 26, 2017 at 12:24 pm

ttttttttttt

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Eli February 25, 2017 at 12:19 am

How often or is there any chance the IJ waiving the removal status to able adjust the status?

Thanks

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Eli February 25, 2017 at 12:08 am

HI,
I have a removal withholding status. I entered into the US illegally, is there any chance i could adjust my status to permanent resident through marriage? if so how? have you ever heard anybody who adjust their status with the same status(entered illegally)?

Thanks

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Jason Dzubow February 26, 2017 at 11:25 am

It is possible (especially if you entered the US before December 2000 and you meet other requirements – see INA 245(i)), but probably not. Most likely, you would need to reopen your case, close your case without a removal order (withholding is considered a removal order), leave the US, and then re-enter with a green card. You would need a lawyer to help you through this process, as it is pretty tricky and involves different US government agencies. Take care, Jason

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Julieta Martinez February 24, 2017 at 6:57 pm

I have been reapplying every year under WOR, every year (Since 2009) my application either gets delayed or has errors. This time it never moved from the acceptance of application since 11/07/2016 till 02/14/2017. I called and requested an expedite of my case under the severe financial loss request. Yesterday I received a confirmation that my case had been denied.I have not received the letter confirming a reason, but what could be a reason for this denial? Should I start thinking on applying under DACA?

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Jason Dzubow February 26, 2017 at 11:15 am

I do not know the reason – you will have to wait for the denial letter to see. I cannot think of any changes in the law that caused the denial, so maybe there was some error on the application. If you are eligible to apply for DACA, you can, but I do not know whether you are eligible with WOR. You may need to talk to a lawyer about that. But if you can get the work permit, WOR is probably a better status than DACA because it cannot be taken away very easily (though you could have both statuses if you are eligible). Take care, Jason

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Mari March 4, 2017 at 12:19 pm

Julieta, can you email me? We got a rejection letter for his work permit application for WOR and we are kinda confused.

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Mari March 4, 2017 at 12:38 pm
Julieta March 4, 2017 at 12:55 pm

Of course, direct me to your email I have one I can add. Please note mine wasn’t through Assylum. It’s actually not under WOR, it’s under administrative closure.

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Branny February 24, 2017 at 4:25 pm

Hi Jason,

I have WOR and understood that this is a lesser status of Asylum, but I may be wrong. So under immigration law, I’m considered an asylee under a lesser status?

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Jason Dzubow February 24, 2017 at 5:33 pm

USCIS does not rank the statuses, but for the reasons described above, WOR is not as good as asylum. Take care, Jason

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samuel February 23, 2017 at 9:15 pm

hi jason
why do immigrants under withholding of removal status pay federal tax, while they are not entitled for any federal benefit?
how about Social security and medicare deductions ? how is the future during the retirement ?
am I paying this all and get nothing back in the future?

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Jason Dzubow February 24, 2017 at 7:18 am

Unfortunately, that may be another disadvantage of Withholding of Removal, but I do not know whether you can get benefits with your status – maybe you can. Maybe if you contact the Social Security office or Medicare office, they can clarify whether you are entitled to benefits (Medicare, I doubt it, but SS, maybe). If you do this and learn anything, please let us know. Thank you, Jason

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Cesar February 22, 2017 at 8:08 pm

I have withholding if i catch a case can i be removed to the 3rd country

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Jason Dzubow February 23, 2017 at 7:44 am

Only if you have lawful status to live permanently in the third country. Take care, Jason

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Clive February 21, 2017 at 8:34 pm

Can you be romoved from the states when you have a withholding of removal with crimal history but never been convicted?

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Jason Dzubow February 22, 2017 at 7:10 am

You cannot be removed to the country where you face persecution, and unless you have status to live in another country, you cannot be removed to another country either. Take care, Jason

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Eli February 21, 2017 at 1:16 pm

Hi,
Is the person who under removal withholding status consider as illegal immigrant?

Thanks

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Mazy February 21, 2017 at 2:49 pm

Hi e

No
No legal ! 18’years ago the judge ruled that one day if BAHAI is Iran have full constitutional rights then there Can be a hearing to start deportation until then all
Is legal! Only thing is If i go out of states getting back maybe hard? I was first case in history of law given this ruling for a white collar offense

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Jason Dzubow February 21, 2017 at 5:44 pm

“Illegal immigrant” is not a term under the law. The person you describe has been ordered removed (deported) from the US, but the removal has been “withheld” as to his or her country of feared persecution. Take care, Jason

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Eli February 22, 2017 at 2:46 am

Hi Jason,

I didn’t quite understand your answer. I understood the term “illegal immigrant” is not under the law and I also understood the meaning of removal withholding. I have EAD and my status is removal withholding. Am I undocumente immigrant?

Thanks a lot

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Jason Dzubow February 22, 2017 at 7:28 am

I cannot answer because there is no such thing as an “undocumented immigrant” under the immigration law – it is a term used by people, but it is not a legal term as defined by the immigration law. In my opinion, you are not undocumented because you have an EAD and you have withholding of removal status. That is about the most I can tell you. Take care, Jason

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Mazy February 21, 2017 at 4:58 am

Greetings ! I have been in Los Angeles 39 years and born in Iran . I am a BAHAI and have a doctorate degree and have lived here continually since 1979. When I was 28 I had to plead guilty to a bank fraud case. The judge allowed me to finish school and after they issued a withholding of removal since I had a green card for 35 years . The BAHAI faith is highly persecuted in Iran. Our holy site is Haifa Israel and my 10
YEAR old son and my wife want to go on our pilgrimage . Is there a way I can visit my Holyland and be able to return ?

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Jason Dzubow February 21, 2017 at 5:39 pm

I know of no way you can do that with withholding. If you leave the US, it is considered a deportation. Maybe another lawyer would know more about this than me. Take care, Jason

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Jason Dzubow March 15, 2017 at 6:27 am
Jason Dzubow March 15, 2017 at 6:28 am

By the way, the EAD is free for people with withholding of removal under INA 241(b)(3). I am not sure about CAT, but it may be the same – you will have to double check. Take care, Jason

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Jason Dzubow March 10, 2017 at 4:49 pm

You should be able to track the EAD renewal on line at http://www.uscis.gov. Take care, Jason

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