I-131 and Withholding of Removal

J

jmartinezclark

Registered Users (C)
Hello,

My wife and I applied for Political Asylum and were granted Withholding of Removal. We applied for a Travel Document (I-131) and the application was received on Nov. 27, 2005.

1) How probable is that our Travel Document application is approved under Withholding of Removal?

2) What's a realistic processing time for a I-131? The receipt that we got says between 60-90 days.

Thank you in advance!
 
Last edited by a moderator:
Couple of my friends got the WR. WR is like a bird in a golden cage.
This is what I know from them: withholding of removal is a status which is similar to asylum, but not as secure. People who win withholding of removal have the right to remain in the U.S. and work legally. Unlike asylees, however, people with “withholding” do not have the right to apply for legal permanent residence. People who win “withholding” actually have a final order of removal (deportation) against them, so if they ever travel outside the U.S., they will not be permitted to return here. It is more likely (unfortunately) that your application for RTD will be denied. But you never know and its doesn't hurt to try. GOODLUCK!
 
Last edited by a moderator:
jmartinezclark said:
Hello,

My wife and I applied for Political Asylum and were granted Withholding of Removal. We applied for a Travel Document (I-131) and the application was received on Nov. 27, 2005.

1) How probable is that our Travel Document application is approved under Withholding of Removal?

2) What's a realistic processing time for a I-131? The receipt that we got says between 60-90 days.

Thank you in advance!

Julio Martinez-Clark
Click to expand...


You cannot get a refugee travel document.
 
The only thing you can get in theory is advance parole, but in practice they almost always deny those requests.
 
do not even try..
the main idea in witholding from removal is to keep you in the united states until they found third country for you..
so any country you plan to travel to ..is presume to be the third country.
 
The best thing for you would be is to try to change your status in order to get a green card or apply for immigration to Canada, as you will just be a bird in a golden cage as OPINION mentioned.
 
Advance Parole on Withholding of Removal

Three weeks ago I sent a letter to my attorney asking for a clarification on this matter; he said in his response letter that in his opinion we are elegible for Advance Parole and that he didn't file an application for a Re-Entry Travel Permit on our behalf but only an application for Advance Parole on the I-131 form. He also mentioned that he has had other similar cases in which Advance Parole applications have been granted to individuals with Withholding of Removal.

I just checked USCIS's web site and researched "Advance Parole" and found the following:

"Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:
# Filed an application for adjustment of status but have not received a decision from the USCIS;
# Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; and/or
# An emergent personal or bona fide reason to travel temporarily abroad."
​

I don't see how this applies to my case. Any toughts on this would be highly appreciated.

Thank you in advance!
 
I have a friend who has withholding of removal and applied for advance parole. The tricky part is that she did get the advance parole, BUT her attorney told her that though she has the permit she will NOT be allowed back into the country since withholding of removal is not a status by itself. She decided to stay in US instead of risking her status.
 
In theory it can fall under "An emergent personal or bona fide reason."

But the USCIS rarely grants advance parole to withholding grantees.

And plus how are you going to travel? If you use your national passport that could endanger your withholding status because they can interpret it as evidence that you no longer need protection.

jmartinezclark said:
Three weeks ago I sent a letter to my attorney asking for a clarification on this matter; he said in his response letter that in his opinion we are elegible for Advance Parole and that he didn't file an application for a Re-Entry Travel Permit on our behalf but only an application for Advance Parole on the I-131 form. He also mentioned that he has had other similar cases in which Advance Parole applications have been granted to individuals with Withholding of Removal.

I just checked USCIS's web site and researched "Advance Parole" and found the following:

"Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:
# Filed an application for adjustment of status but have not received a decision from the USCIS;
# Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; and/or
# An emergent personal or bona fide reason to travel temporarily abroad."
​

I don't see how this applies to my case. Any toughts on this would be highly appreciated.

Thank you in advance!
Click to expand...
 
Reality is you CANNOT travel

Even tho' you will get Advanced Parole, you still will be on the mercy of an Immigration Officer, he will descide on your destiny. It is not a question will you get a travel documents or not, the question IS will they let you come back????! Because of that your vocation will turn into a night mare. I understand your desire to see your family or simple travel matters, but think twice!! STAY AND LIVE IT OR SEE IT AND LEAVE IT
 
Last edited by a moderator:
Travel outside of USA WITH Withholding Of Removal and Returned to USA

Anyone here Travel outside of USA in "Withholding of Removal" status with Advance parole and return to USA without any problem at the Airport. Employement based Labor approved and I-140 approved waiting for visa date to be current to 2003 january. Mother in death bed like to visit her, please help.

Thank you
 
orissa said:
Anyone here Travel outside of USA in "Withholding of Removal" status with Advance parole and return to USA without any problem at the Airport. Employement based Labor approved and I-140 approved waiting for visa date to be current to 2003 january. Mother in death bed like to visit her, please help.

Thank you
Click to expand...

WOR is not a real status. You have been ordered removed already, if you depart under an Order of Removal, you will be considered as having been removed and will have to wait out any rime limited bar or get a waiver. Also, depending on the basis for the removal order, you could have a lifetime bar.

See a lawyer.
 
You must log in or register to reply here.
Top