Divorce on Withholding of Removal

jmartinezclark

Registered Users (C)
Hello,

My wife and I applied for political asylum (my wife belonged to the Liberal Party in Colombia and was suffering political persecution from FARC, a major guerrilla group). Since we filed our application after one year of being in the USA, we were granted by an immigration judge "Withholding of Removal" last year instead of Political Asylum status.

My wife and I have decided to split and to get a divorce. What will happen to my "Withholding of Removal" status if I divorce her? Will I lose my "Withholding of Removal" status? Will I be forced to go back to my home country, Colombia?

Thank you in advance!
 
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Hi, I don't want to be a pessimistic but reality that I know is:
The alien who was granted the WR technically is not given any legal status in the U.S. Simply stated, the alien will not be removed to the country of alleged persecution. BUT if the Court finds that there is another country that can be a safe for alien, the court could possibly have the alien removed to that other country. Also, there is no derivative status in WR cases, that mean you cannot benefit from principal. What I've understood from your situation your wife NOT YOU is the principal petitioner you are the "derivative", so if you will divorce her more likely that you can be put in to removal proceeding. The only benefit you may seek while married is the work authorization the same as an Asylee.
Talk to your lawer.
GOODLUCK
 
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Review the IJ's order granting withholding of removal. Since there is no derivative W/R grants, there must be a reason that he granted that status to you independently. Does that reason go away upon the end of your marriage? If yes you will lose your W/R protection and have to leave the country.

Also, why were you not granted asylum? The legal threshhold for getting W/R is higher than for getting asylum. Did you appeal the denial of asylum to the BIA?
 
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The WR was granted to my wife, our son, and me in one single immigration judge order; it's just a simple sheet of paper with all our names on it. So, this leads me to believe that it was not granted to me individually; we all got WR.

According to our attorney and his conversations with the judge, we were not granted political asylum because we filed the application more than a year after we arrived in the US (untimely filing).

No, we didn't appeal the denial of the asylum. Our attorney told us that with WR we could stay in US, get a work permit, and travel abroad. He also told us that it could take probably 2 years before our appeal is processed. We decided to stay with the WR and not appeal. Our attorney told us that we could just apply for a Travel Document (I-131) if we wanted to travel outside the US. We applied for it on Dec. 2005 and unfortunatelly, I am finding out from this forum that it's very unlikelly that our I-131 gets approved. We are very sad to hear this news since we based our decision to stay with WR and not appeal in great part due to the fact that we could travel easilly with a Travel Document.
 
When using an attorney you should always seek a second opinion when you are at the juncture of making a strategic decision about your future.

Most people will not accept W/R. This will not lead to citizenship and can be revoked at any time. The one year deadline issue is a gray area and is actually a very good ground for appeal. Plus, an appeal these days is resolved pretty quickly.

What did you request on the I-131 (there are three separate documents you can apply using that form)? And to which USCIS office did you make your request?
 
hi,
I see three options to change your status besides appeal, they are:
1-DV-Lottery (was suspended??? not sure)
2-Immigration through employment
3-US Citizen marriage
 
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Our attorney requested a Refugee Travel Permit on the I-131 form.
The I-131 form indicates that the form must be sent to the USCIS Nebraska Service Center. I am not sure if that is the office where our attorney sent the request.
 
jmartinezclark said:
Our attorney requested a Refugee Travel Permit on the I-131 form.
The I-131 form indicates that the form must be sent to the USCIS Nebraska Service Center. I am not sure if that is the office where our attorney sent the request.


I am sorry but unless the officer is drunk when he reviews the application you are not getting a Refugee Travel Document.
 
thankful said:
How long did you wait before you applied for asylum? And what was your status before you applied?

My wife entered the US on April 2001 and she filed for political asylum on November 2003. Both my wife and I had a valid H1-B visa before we applied for asylum.
 
thankful said:
I am sorry but unless the officer is drunk when he reviews the application you are not getting a Refugee Travel Document.

Jmartinez:
I think its time to talk to another attorney. If there is an International Institute in your town, talk to them first--they might be able to provide free help.

Floyd
 
floyd said:
Jmartinez:
I think its time to talk to another attorney. If there is an International Institute in your town, talk to them first--they might be able to provide free help.

Floyd

Floyd,
Thanks for the reply. What do you mean by an "International Institute"?
 
free cheese in the mouse trap

floyd said:
Jmartinez:
I think its time to talk to another attorney. If there is an International Institute in your town, talk to them first--they might be able to provide free help.

Floyd

My lawer locating in NYC. He is specialising on the deportation cases, actualy. Let me know if you are interested. BUT it is not free. He is very responsible and he is the one who told me about free cheese in the mouse trap. Be careful with FREE stuff :)
To floyd - Nothing personal :)
 
This comes from the USCIS manual used by officers:


(5) Status. Check the application to ascertain the applicant's current status in the United States. Under no circumstances may a permit [refugee travel document] be issued without verification of the applicant's status as a refugee or asylee. The applicant can be either:



• A refugee;



• An asylee;



• A lawful permanent resident who received LPR status as a direct result of his/her asylee/refugee status; or



• A parolee who was paroled in the United States under a refugee program. (See Issues: Paroled, but not as a refugee.)



The best source for verification of status is the alien’s A-file, but if that is not available, you may verify the applicant's status:



• Through USCIS;



• Through RAPS (if the alien is an asylee);



• If the applicant is a LPR, the USCIS record or a photocopy of the applicant's Form I-551 can be used to verify his/her status. The following are acceptable LPR codes for refugees/asylees: RE1, RE2, RE3, RE6, RE7, RE8, R86, IC6, IC7, AS1, AS2, AS3. AS6, AS7, and AS8. This list is not all inclusive, you should check the ADIT manual (M-226) for older codes; or



• By requesting additional documentation from the applicant such as the alien’s Form I-94, the order issued by an immigration judge granting such status or the approval letter or an Employment Authorization Document (EAD) issued as a result of the applicant having been granted asylum status.



If any doubts exist regarding the alien’s status in the United States, the A-file should be obtained and reviewed. If the file does not contain evidence of refugee or asylee status and the applicant claims such status, you should request a manual search. In emergent cases, you may request verification telephonically. Written verification should follow the telephonic verification.



Normally, once an alien becomes a refugee or asylee, he or she retains that status until he or she becomes a permanent resident. However, under certain circumstances, a refugee or asylee may lose status or voluntarily re-avail him/herself of the protection of his/her country of nationality. In such case, the alien may well lose eligibility for an RTD. (See: Adjudications Issues: Loss of status and Alien re-availed him/herself of protection of country of nationality.)

**********************************************************
(7) Applicant Is Neither an Asylee or a Refugee. If the alien has not previously been found to be a refugee or asylee, check appropriate systems (or send an RFE to the alien) to determine if an I-589 is pending before an immigration judge or an asylum officer. If an I-589 is so pending, hold the I-131 in abeyance pending adjudication of the I-589 and notify the applicant that no decision can be made on the RTD application until one has been made on the asylum application. If no asylum application is pending, deny the application for an RTD (without prejudice to the filing of a new application if the alien is granted asylum) and send him/her an I-589 with instructions to file it with the appropriate service center (if the alien is not in removal proceedings) or with the immigration judge (if removal proceedings have been initiated).
 
jmartinezclark said:
My wife entered the US on April 2001 and she filed for political asylum on November 2003. Both my wife and I had a valid H1-B visa before we applied for asylum.


God, the law says that having valid non-immigrant status could be a basis for waiving the one year rule. I cannot believe that you did not fight this issue. That was about your future!!!!!!!
 
jmartinezclark said:
Floyd,
Thanks for the reply. What do you mean by an "International Institute"?

This is a group (there are many others) that helps asylees/refugees, and provides free legal help. Look in the phone book for a listing. Also google for "asylee free legal advice", you may find other entities that help.

Opinion is right--you often get what you pay for. But here is what I suggest: go talk to them, see what the options are. Thatnkful knows what he is talking about; if he says legal status is grounds for waiver of the 1-year rule, it is so. Once you find out what your options are, then contact a lawyer (preferably recommended by people in this forum: you need an expert, not just some hack who practices immigration law). Even then you will need a lot of time and money.

And deflinitely apply for immigration to Canada.

Lastly, download the I-131 form and see the eligibility; I think you will see there is no category for WR.

Good luck.
 
opinion said:
My lawer locating in NYC. He is specialising on the deportation cases, actualy. Let me know if you are interested. BUT it is not free. He is very responsible and he is the one who told me about free cheese in the mouse trap. Be careful with FREE stuff :)
To floyd - Nothing personal :)

opinion, could you please provide me with the name and contact information for your attorney in NYC?
 
floyd said:
This is a group (there are many others) that helps asylees/refugees, and provides free legal help. Look in the phone book for a listing. Also google for "asylee free legal advice", you may find other entities that help.

Opinion is right--you often get what you pay for. But here is what I suggest: go talk to them, see what the options are. Thatnkful knows what he is talking about; if he says legal status is grounds for waiver of the 1-year rule, it is so. Once you find out what your options are, then contact a lawyer (preferably recommended by people in this forum: you need an expert, not just some hack who practices immigration law). Even then you will need a lot of time and money.

And deflinitely apply for immigration to Canada.

Lastly, download the I-131 form and see the eligibility; I think you will see there is no category for WR.

Good luck.

I will do some research on the groups that offer help to asylees/refugees, and will get a second opinion from another attorney.

Why do you think I need to apply to immigration to Canada? If I become a Canadian permanent resident, I will have to leave the US, and only enter the US as a turist (providing I get an American B1/B2 visa as a Colombian citizen). I've been in this country for 10 years and moving to Canada will be like starting all over again.

You are right, there is no elegibility category for WR on the I-131 form. I noticed this when the attorney submitted the application and his answer was that he has seen these approved. It seems now to me that he didn't really know what he was doing.
 
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jmartinezclark said:
I will do some research on the groups that offer help to asylees/refugees, and will get a second opinion from another attorney.

Why do you think I need to apply to immigration to Canada? If I become a Canadian permanent resident, I will have to leave the US, and only enter the US as a turist (providing I get an American B1/B2 visa as a Colombian citizen). I've been in this country for 10 years and moving to Canada will be like starting all over again.

You are right, there is no elegibility category for WR on the I-131 form. I noticed this when the attorney submitted the application and his answer was that he has seen these approved. It seems now to me that he didn't really know what he was doing.

No particular reason for the Canada recommendation, but _if_ for some reason US immigration does not work out for you then that will be the most convenient path for you. Of course, employment-based green-card is also an option. If you can get an employer to sponsor, you will have the GC very soon.

Good luck

Floyd.
 
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