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.
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