Q: What if the Immigration Officer can not decide on my case?
A: Immigration officer would refer your case to be decided by an Immigration Judge.
Q: What is withholding of Removal?
A: Withholding of removal means; if granted you will not be deported, but you will not get a green card either.
Q: Who can grant withholding of removal?
A: Immigration Judge.
Q: Can an Immigration Officer grant withholding of removal?
A: For the most parts no. Unless your asylum has bene granted, but you cannot consider an asylee; for example when you have admittance issues ( records of crimes or other admissible issues).
Q: Can family members (derivatives) of an applicant apply for withholding of removal?
A: No, every single person must apply separately.
Q: what are the examples of disqualifications for withholding of the removal?
A: For example: serious crimes, or membership in certain organizations where the member has persecuted others in inhuman ways ( religious persecution, racial persecution, etc).
Q: what should I do when immigration officer can not decide my case and I am referred to an immigration judge?
A: you must consult with a qualified lawyer and defend your case in an immigration court. The judge would either accept your immigration case as an asylee or would accept that you stay and work in the US (without a Green Card) or the judge would enter the order for deportation. Your lawyer must spend enough time with you to learn about your case; the facts of your story and any misunderstanding or flaws on your first asylum interview or file submitted. Your lawyer must address those issues with you and try to clarify or explain further. You may not try to go to the court on your own.
This is an immigration legal blog. It is not intended to be used as legal advise. For further information please contact the law offices of attorney Ramona Kennedy.
Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (reading & writing) & speaks Azeri Turkish.
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