World Journal Weekly Q & A - December 21, 2008

Q & A 1.


Q&A 1.

Reader Granted Withholding of Removal Wishes to Know Rights and Privileges

Lin reader asks:

Because I applied for political asylum too late, the judge only granted me an A10 card. Does A10 card mean that I could permanently and legally resident in the U.S and authorized to work? Can I travel overseas? Some said if I could obtain a reentry permit, I could travel to other countries except China, is that true? Can an A10 card holder without leaving U.S. to adjust status thru employment or marriage base in the U.S.? If it can be done, how do I do it?

Dear reader:

The immigration judge granted you withholding of removal instead of political asylum because an applicant for political asylum must generally apply for the benefit within one year of arriving in the United States. Work authorization is granted under the legend
(A)(10) for a successful applicant. The card allows you to work in the States, but not travel outside the country. You are not eligible for a reentry permit or a refugee travel document. You may be able to persuade U.S.C.I.S. to grant advance parole, but you should be aware that you will still need a travel document with the advance parole, and that leaving the U.S. could bar you from return for 3 or 10 years if you were illegal in the country for 180 days or one year after April 1, 1997, prior to your application for political asylum. An individual who has been granted withholding of removal may be allowed to adjust status to permanent residence through marriage to a U.S. citizen if he/she came legally to this country. If not, he/she may still be able to adjust status through marriage or employment if he/she has the benefit of section 245(i) which allows most illegal individuals to adjust status upon the payment of a fine amount. Otherwise, an illegal entrant may also adjust status through marriage to an applicant for immigration who has the benefits of section 245(i) or an applicant for asylum who ultimately wins his or her case. U.S.C.I.S. of course will look into the bonafide character of these marriages.

 

Copyright © 2003-2012 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.