1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.
  2. US Immigration attorney, Rajiv S. Khanna hosts a free community conference call for US Immigration questions every other Thursday at 12:30 p.m, EST. You can post your questions in the conference call forum and dial into the call at (202)800-8394.

withholding of removal and green card.

Discussion in 'Political Asylum in USA' started by rykabou2003, Dec 7, 2008.

  1. rykabou2003

    rykabou2003 Registered Users (C)

    I have a question regarding the steps to get a green card while on withholding status.
    My Friend's wife was given a witholding of removal about 2 years ago,But now she really want to travel abroad for family reasons,her Dad passed not long ago,and she would like to meet her sibblings in a third country,but is afraid that she won't be able to return back in USA because of her status.Her employer is willing to help her get a geen card trough employment sponsorship,but she does'nt know the required steps and documents needed for such application.Her employer want her to give them the informations and procedures they need to follow to get her what she need to be able to travel and come back safely.
    Please ANY IMPUT WILL BE APPRECIATED.
    Thank you.
  2. thankful

    thankful Registered Users (C)


    As a general rule people in withholding cannot travel abroad.

    As for getting a green card through the employment process she needs a lawyer.
  3. rykabou2003

    rykabou2003 Registered Users (C)

    Thank you THANKFUL,
    that this mean even if she gets the green card through Employment she still cannot travel abroad or what?Because teh reason why she wants the sponsorship is to be able to travel.
  4. thankful

    thankful Registered Users (C)

    She can travel like anybody else after she gets her card.
  5. jonny1

    jonny1 Registered Users (C)

    You can't apply for or travel outside the US on WOR.
    You can't get green card on WOR.
    You can't bring your immidate family members on WOR.
    With, asylum you can do all those three.

    WOR is granted to those who had genuine fear of persecution if returned to his country but failed to apply for asylum within 1 year of arrival in the US or failed to show extra ordinary or changed circumstances on why he or she failed to apply for asylum within one year.
    Last edited by a moderator: Dec 8, 2008
  6. senowen

    senowen Registered Users (C)

    This is not 100% correct. You can apply for advanced parole based on humanitarian considerations (usu. if a close family member has a verifiable serious illness, or if a close family member has passed away) if you have Withholding of Removal. Very, very difficult to get this granted, but I have seen it happen.

    You also can get a greencard if you have Withholding of Removal, but you will have to get it based on some other eligibility, such as marriage to U.S. citizen or employment based immigrant visa.
  7. thankful

    thankful Registered Users (C)

    That is true. Some USCIS districts take the (ridiculous) position that because there is a removal order entered the person the person cannot adjust as a matter of law. This is why I suggested that the person obtain legal counsel to get through the red tape.
  8. senowen

    senowen Registered Users (C)

    I know the Virginia district is still adhering to this unlawful position, possibly other conservative districts as well. Can be challenged in an APA lawsuit.
  9. jonny1

    jonny1 Registered Users (C)

    senowen, why you say u get can GC from WOR but then say marriege to US CITIZEN?

    those are 2 different things. You don't have to have WOR to get GC thru marriege to US citizen. even if you are unlawful , you can still get GC by marrying to US citizen.

    again, You can never get GC thru WOR. you said you can travel for humanitarien reasons if you have WOR, the true answer is no, you can never apply for or get travel papers on WOR. Show me where it says as a WOR you can still apply for travel abroad for any reasons. I have expereince for 4 years regarding asylum and WOR benefits cos I applied for asylum 4 years after I got in this country and i have met with top immigration attorneys and they all explained me in full detail about benefits of WOR and asylum.
    That's why I fought hard for asylum which I won in 3 years from judge.
    with WOR, all you have is EAD
  10. thankful

    thankful Registered Users (C)

    It is not a never situation.

    Actually a person on WOR status can in theory be given permission to travel abroad. Section 212 of the INA expressly gives the DHS the discretion to parole in a person "on a case-by-case basis for urgent humanitarian reasons or significant public benefit." The reality is that DHS refuses to exercise its favorable discretion for WOR people most of the time. But they have granted relief in exceptional situations. I was personally involved in one where parole was approved after USCIS central office in DC was made aware of the request. That said, for most people on WOR status they will not get permission to travel.
    Last edited by a moderator: Dec 8, 2008
  11. thankful

    thankful Registered Users (C)

    well you can also get public assistance for seven years.
  12. jonny1

    jonny1 Registered Users (C)

    thankful, in theory u said but in reality, even if you have very good humaniterian reasons for travel abroad, the chance for gov to grant you document to travel abraod is 1%.

    I came to US IN 1999, applied for asylum in 2004, won asylum from judge in 2007.
    There is no law of more benefits than EAD and perhaps 3 to 8 months of federal benefits like food stamps and meidcal cards. eight years, it says that but you will never get benefit for 8 years, the maximum you will get is 8 months and even that is hard, cos i know some who got the maximum 8 months but some asylees got their benefits denied and not even for a month. lets talk about facts and reality, not you may, maybe or you cans.

    fight for asylum not WOR.

    so the best benefit for WOR is an EAD which you have to renew every year.
  13. jonny1

    jonny1 Registered Users (C)

    public benefit for 7 or 8 years is absolutely doesnt happen in reality. I know 10 people who got asylum including myself and you will get maximum benefit for 8 months and maybe you won't get nohting and denied. the 7 or 8 yrs benefit is a dream, it says you can get up to such years but in reality, you will never get any more benefit more then 8 months.
  14. thankful

    thankful Registered Users (C)

    The seven year public benefit absolutely does happen in reality. You are presumably confusing the special assistance provided to refugees (http://www.acf.hhs.gov/programs/orr/benefits/cma.htm) with the general welfare programs such as TANF and Food Stamp.
  15. jonny1

    jonny1 Registered Users (C)

    this doesnt happen, maxium if u r lucky is 8 months of food stamps and medical benefits, after that you will get a letter saying your maximum benefit allowed has ended just like i got. i know my freind who applied for benefit as a new asylee but his benefit got denied for no apparent reasons, so he received not even a month.
  16. kiev

    kiev Registered Users (C)

    Thankful is correct. I got food stamp for about 5 years before I lost it. I lost it because my income became too high.
  17. orissa

    orissa Registered Users (C)

    GREENCARD after Witholding

    Anyone here have success story green card after withholding.
  18. BetterWorld

    BetterWorld Registered Users (C)

    Applying Asylum after 4 years not WOR

    Hi Jonny1

    I saw some lite after i saw your post.
    My close friend who is out of status for around 6 months after working on H1 (work permit) for 5 years, need to apply for Asylum. He have some serious problems back home and don't want to go back. The problem is that he can't apply for asylum now.
    Could you please help me with your experience how you were able to apply asylum (not WOR) after 1st year had been passed?
    He doesn't need any financial help/food stamps etc benefits.

    Please help !
  19. heruni

    heruni New Member

    A10 then greencard

    If I got my A10 (WOR) status 5 years ago, and recently got married to an US citizen, what steps should I take to change my status ?
    Can I go ahead and fill form I485 and other forms that attached to it ?
    I also heard I have to close my A10 case with immigration first before I'm able to even think about I485; while I thought my case has closed 5 years ago when the immigration judge issued the letter.
    Name change form (I90) is only available for a permanent resident only ? Can I change my name using the same form with my WOR status ?
    Last edited by a moderator: Jan 12, 2013

Share This Page