Person with Granted Withholding of Removal to marry citizen

G

GodSaveAll

Registered Users (C)
Hi All,

A person with granted withholding of removal just married a US citizen. Is it legal for the citizen to file the green card application for the husband with the granted withholding?

Any opinion is greatly appreciated!
 
There's nothing illegal whatsoever for a US citizen to file an I-130 for someone who has withholding of removal. However, the USCIS has often refused to grant a greencard to someone in such a status, claiming that a person with and order of removal cannot adjust status to a lawful permanent resident. Despite the fact that this is completely wrong and appears nowhere in the current INA or regulations, the USCIS still often makes this claim and denies the greencard application. You will need to submit a cover letter with the greencard application explaining that the law does not require denial of a greencard to someone with an order of removal.
 
I am on withholfing of removal

Hi

Please if you can help me I will apreciate. I am under withholding of removal status since june 2005, last year i got married with a US citizen, I apply for the residence and I went to the inmigration interviewd and 3 months after I got to letters: one letter is approving the I-130 and the second one is a negative anwers to the I-485 application. Now my adjustment of status is back to the court where my withholding was granted. I want to get advice of what I should do next? I should hire a laywer? what is the chance to get the green card?

thanks

Dalpegon
 
Reason: Deportation or removal proceedings

the reason was: "It has been determinated that you are in deportation or removal proceedings. Pursuant to Title 8 C.F.R. 245.2(a)(1), your application may be made and considered only in those proceedings

Please if somebody has something similar....let me know what to do.

Thanks
 
You need to reopen your case.

INA Section 212(a)(9)(A)(I) states that any person previously ordered removed under section 240 is inadmissible. A person granted withholding of removal has actually been ordered removed despite the Immigration Judge's provision that your removal be withheld as to a particular country because you established that it is more likely than not you would be persecuted there.
 
Can a person with withholding of removal get a greencard?

Hi! I just want to know if there is anybody or knows anyone who got a greencard besides having withholding of removal by marrying a us citizen?
 
EricW said:
You need to reopen your case.

INA Section 212(a)(9)(A)(I) states that any person previously ordered removed under section 240 is inadmissible. A person granted withholding of removal has actually been ordered removed despite the Immigration Judge's provision that your removal be withheld as to a particular country because you established that it is more likely than not you would be persecuted there.
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Could you please tell us what that means
 
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