Comment by ceejayoz
8 months ago
"Withholding of removal" is a form of legal status.
They can deport you (if they find a willing third party nation), as it's not a path to permanent resident status, but until they do so, you're allowed to reside and work.
https://www.americanimmigrationcouncil.org/sites/default/fil...
> As in the case of asylum, a person who is granted withholding of removal is protected from being returned to his or her home country and receives the right to remain in the United States and work legally. But at the end of the court process, an immigration judge enters a deportation order and then tells the government they cannot execute that order. That is, the “removal” to a person’s home country is “withheld.” However, the government is still allowed to deport that person to a different country if the other country agrees to accept them.
> Withholding of removal provides a form of protection that is less certain than asylum, leaving its recipients in a sort of limbo. A person who is granted withholding of removal may never leave the United States without executing that removal order, cannot petition to bring family members to the United States, and does not gain a path to citizenship. And unlike asylum, when a family seeks withholding of removal together a judge may grant protection to the parent while denying it to the children, leading to family separation.
So this is a bit weird. The initial claim seems not well defined, because "legal" / "illegal" person is not really a thing without more context, so you can interpret it in many ways. The main takeaway though is "after the hearing, he's not breaking any rules by staying and working in the country". That's legal enough for me for a casual comment - I'll stay with my original then - he entered illegally and afterwards was allowed to legally remain.
This is simply false. He broke the law, was a criminal, had no right to reside in the US. Saying he was innocent is also simply false.
Have you got the actual court decision about the crime? Not police accusations or similar - confirmation he was actually judged and found guilty in court?
> you're allowed to reside and work.
False on both counts and contradictory to the source you cite. There is no right to reside, and you could only work if you were additionally authorised.
> "Withholding of removal" is a form of legal status.
In the same sense as trespassing is a legal status. The way in which it is not a legal status is that he does not have the status of legally residing in the US.
Here, I’ll quote my source again.
> As in the case of asylum, a person who is granted withholding of removal is protected from being returned to his or her home country and receives the right to remain in the United States and work legally.
I’ve seen you claim 1+1=3 all over this thread, so the gaslighting isn’t gonna work.
> In the same sense as trespassing is a legal status.
No. In the same sense that you’re allowed to stay in a homeless shelter legally for a while, but not necessarily forever.
Your source is wrong.
https://www.tahirih.org/wp-content/uploads/2015/07/Withholdi...
MY CLIENT HAS BEEN GRANTED WITHHOLDING OF REMOVAL… NOW WHAT?
Your client may apply for an Employment Authorization Document by using the form I765 available on the USCIS website (www.uscis.gov). Her Employment Authorization Document will then be sent to her most recent address on file with USCIS. It is therefore important to make sure that not only the court but also USCIS is informed of any changes in her address through use of the form AR-11 (also available on the USCIS website). The EAD is only issued for one year at a time and should be renewed with ample time (at least three months) to allow for processing.
https://immigrationequality.org/asylum/asylum-manual/immigra...
> An applicant who has won withholding of removal does not receive as many benefits as an asylee. The individual can seek work authorization
https://immigrationequality.org/asylum/asylum-manual/withhol...
> they must have a valid CIS-issued employment authorization document in order to work lawfully in the United States.
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Not one single claim I made is false, while this whole thread is in response to a blatantly false claim, that an innocent man was deported. You should check the mirror.
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