Withholding of removal and I-765

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oneguyks

Registered Users (C)
I was granted Withholding of removal last week. I went to local USCIS office and asked for I-94 based on the fact that I was granted Withholding of removal. The guy claimed all I get for Withholding is I-765 EAD (which I will have to mail to chicago).

That's weird. Withholding is indefinite and if I don't get I-94, I would have to apply for driver license based on I-765. And if I-765 expires every year or two years, I would have to renew my driver license every year? Or would the expiration date for (a) (10) based I-765 be longer?
 
WTR has has has the least benefit. It's disapointing to hear you did not get asylum but it's better then being removed to your country.

I am sure you did not get asylum cos of one year deadline issue.
 
I am well aware of limitation of withholding. No travel documents. No green card. And yes, I only applied for it after being put in deportation (after being in US for 18 years).

In any case, that was not my question. I don't want to renew my driver license every year. New laws (and many states are implementing stricter laws), only grant the driver license for the duration of valid EAD card.

I want a new I-94 with a stamp indicating I have been granted withholding (with no expiration date).

Maybe I should move back to neighboring state (15 minute drive) where they are still issuing 5 year licenses.
 
oneguyks said:
I am well aware of limitation of withholding. No travel documents. No green card. And yes, I only applied for it after being put in deportation (after being in US for 18 years).

In any case, that was not my question. I don't want to renew my driver license every year. New laws (and many states are implementing stricter laws), only grant the driver license for the duration of valid EAD card.

I want a new I-94 with a stamp indicating I have been granted withholding (with no expiration date).

Maybe I should move back to neighboring state (15 minute drive) where they are still issuing 5 year licenses.
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Most states give only temporary licenses to withholding grantees. Withholding status is meant to be temporary and they can deport you as soon as they find a safe country for you. This is the reality.
 
Yes, in theory they can deport me if they find a safe country but in reality how and what country are they going to find it? The laws in my home country regarding blasphemy/apostasy are not changing in my lfe time, nor are they changing in next 200 years.
 
oneguy, why you do't know if u can get I94 card for WOR?

Didn't the judge instruct you where to go and get? If he did and gave you peice of paper about what you can get and where, then you should be able to get such card, if the judge or if there is no such thing as I-94 card for WOR, then, there is no use talking about getting such card.

Yes, you can get work permit card until your WOR status changes,

but, no GC, No family petition, no travel document. Maybe once you marry a citizen, then whole things can change better for you.

I applied for asylum after being here for 4 years but I had many extra ordinary circustances thatallowed me to fight with the one year dead line issue.

Anyway, just sharing somehting.
 
oneguyks said:
I was granted Withholding of removal last week. I went to local USCIS office and asked for I-94 based on the fact that I was granted Withholding of removal. The guy claimed all I get for Withholding is I-765 EAD (which I will have to mail to chicago).

That's weird. Withholding is indefinite and if I don't get I-94, I would have to apply for driver license based on I-765. And if I-765 expires every year or two years, I would have to renew my driver license every year? Or would the expiration date for (a) (10) based I-765 be longer?
Click to expand...

Local office is correct. You do not get new I-94 as USCIS is not giving out new I-94 stamped withholding of removal as they do for asylees / refugees.
This status is in theory temperary, but in reality it is undefinite as in most cases even if country conditions change (big IF) USCIS does not have enough resources to find third country or send you back home. The only exception to this is if you commit the crime. In that case even green card can be revoked so you have no worries.
Every year you will apply (FREE OF CHARGE) for employment authorization.
That's all you get.
On positive side you are legally residing in US and can adjust to greencard by either marrying US citizen / greencard holder or through employment.
 
ykasumov said:
Local office is correct. You do not get new I-94 as USCIS is not giving out new I-94 stamped withholding of removal as they do for asylees / refugees.
This status is in theory temperary, but in reality it is undefinite as in most cases even if country conditions change (big IF) USCIS does not have enough resources to find third country or send you back home. The only exception to this is if you commit the crime. In that case even green card can be revoked so you have no worries.
Every year you will apply (FREE OF CHARGE) for employment authorization.
That's all you get.
On positive side you are legally residing in US and can adjust to greencard by either marrying US citizen / greencard holder or through employment.
Click to expand...

They actually try to terminate withholding on the basis of changed country conditions more often than you think.
 
oneguyks said:
Yes, in theory they can deport me if they find a safe country but in reality how and what country are they going to find it? The laws in my home country regarding blasphemy/apostasy are not changing in my lfe time, nor are they changing in next 200 years.
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Under the REAL ID Act the license of a withholding grantee cannot be longer than one year. If your state wants to comply with REAL ID they cannot issue you a document longer than one year (when the REAL ID provisions take full effect). Even independent of REAL ID, most states are not that generous toward withholding grantees.
 
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Another benefit for withholding is that for a limited time you are eligible (if otherwise qualified) for programs like food stamp, SSI or Medicaid (but apparently not federal student financial aid).

I hope that Congress will soon remove the one year rule or pass a legalization program for people like you.
 
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thankful said:
Under the REAL ID Act the license of a withholding grantee cannot be longer than one year. If your state wants to comply with REAL ID they cannot issue you a document longer than one year (when the REAL ID provisions take full effect). Even independent of REAL ID, most states are not that generous toward withholding grantees.
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Well, I do have license for Kansas that expires in 2012 ... I will stick with that instead of getting missouri license then (even though I moved recently).
 
Driver License

I spent 7 years waiting for my green card to be approved( finally got it last year) renewing my work permit for a year at a time. During that time NJ DMV will only renewed my license for one year or untill the work permit expired, even when I'm an asylee and have an I-94 without expiration date. this rules change from state to state and from DMV employee to another.
 
Real ID act will be repealed in 2009 if Obama and Democrat's win next the eletion.

Is it illegal to have two licenses? Even I get a missouri license, I want to keep my Kansas license. It doesn't expire till 2012
 
oneguyks said:
Is it illegal to have two licenses? Even I get a missouri license, I want to keep my Kansas license. It doesn't expire till 2012
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It is again a state issue, but most states do not allow you to have two licenses. You have to surrender the first one before getting a new one. And they can easily check if you already have one.
 
Given all the documents I have, I am certain that I could get asylum in Canada if I were allowed to apply. I am aware of Safe-third country act by the way (that is, the US-Canada land border has been effectively closed to most refugees).

In any case, is there any way to apply for asylum in Canada without leaving US?
 
thankful said:
They actually try to terminate withholding on the basis of changed country conditions more often than you think.
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I have not heard any cases recently where USCIS will initiate withholding unless someone commited crime.
If one comes under their radar in negative way then terminating withholding might be one of the weapons for them.
Unless they conduct some kind of annual / bi-annual assessment for grantees of withholding, person granted such status will continiously live in US.
Given USCIS short resources, it is highly unlikely.
However, you might have access to some legal cases where one has been removed due to changed circumstances.
 
My withholding story

I am here in usa since 2000, consult with a attorney to apply for green card. My attorney arrested in July 2002 for fraud and many immigrant greencard dream shattered including me. Though my 140 was approved buy USCIS revoked. After 2 month I received "Removal Proceeding". I fighted until 2007 and finaly approved "Withholding of Removal" and living happily with my wife and 3 us born kids.

I study Computer and have now have well paid job more. In addition my employer sponser me employemnt based green card. My Labor apporoved and I-140 approved prior to my "removal Proceeding" letter.
My lawyer said I can not apply for I-485 (Adjustment of Status) unless congress do some kind of Immigration Reform.

I completely in the mercy of new President and new congress of 2009.
 
By the way, I paid $7,000 bond 1.5 years ago. Now that I have been granted withholding of removal, is there any chance that I (or the person who paid it for me) will get the money back?

My lawyer said I can not apply for I-485 (Adjustment of Status) unless congress do some kind of Immigration Reform.
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Huh? Is that correct? I thought that a person with withholding of removal status can adjust status if he marries a US citizen, or with some other legal means like employer sponser?
 
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