Can a Person with Withholding of Removal Travel?

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Can a Person With Withholding of Removal Travel?

The United States immigration system is complex, and it can be difficult to know what rights and privileges you have as a non-citizen. One common question is whether a person with withholding of removal can travel outside of the United States.

The answer to this question is not always straightforward. There are a number of factors that can affect a person’s ability to travel, including their immigration status, criminal history, and country of origin.

In this article, we will discuss the rules governing travel for people with withholding of removal. We will also provide tips on how to travel safely and avoid problems.

What is Withholding of Removal?

Withholding of removal is a form of relief from removal that is available to certain non-citizens who are facing deportation. To qualify for withholding of removal, you must show that you would be persecuted or tortured if you were returned to your home country.

Withholding of removal is not the same as asylum. Asylum is a form of relief from removal that is available to people who are already in the United States. Withholding of removal is available to people who are outside of the United States and who are facing deportation.

Can a Person With Withholding of Removal Travel?

Generally speaking, a person with withholding of removal can travel outside of the United States. However, there are a few exceptions to this rule.

First, a person with withholding of removal cannot travel to their home country. This is because they would be at risk of persecution or torture if they returned.

Second, a person with withholding of removal cannot travel to a country where they have been convicted of a crime. This is because they may be denied entry to the country.

Third, a person with withholding of removal may be denied entry to the United States if they have been absent from the country for more than 180 days.

Tips for Traveling with Withholding of Removal

If you have withholding of removal, there are a few things you can do to make sure your travel is smooth and hassle-free.

First, make sure you have a valid passport and visa for any countries you plan to visit.

Second, be prepared to explain your immigration status to immigration officials. You may be asked to show proof of your withholding of removal status, such as an I-94 or a Form I-862.

Third, be aware of the restrictions on travel that apply to people with withholding of removal. Do not travel to your home country or to any country where you have been convicted of a crime.

Fourth, if you are planning to travel for more than 180 days, you should file an I-512, Application for Authorization to Return to the United States. This will allow you to maintain your status while you are out of the country.

By following these tips, you can travel safely and avoid problems with immigration officials.

| Can a Person With Withholding of Removal Travel? | Yes | No |
|—|—|—|
| If they have a valid travel document | Yes | No |
| If they have a pending asylum application | Yes | No |
| If they have been granted a green card | Yes | No |

Withholding of removal is a form of relief from removal that is available to certain individuals who are in removal proceedings and who have a credible fear of persecution or torture in their home country. Withholding of removal does not provide a path to permanent residency, but it does allow the individual to remain in the United States and to work legally.

Who Can Apply for Withholding of Removal?

The following individuals are eligible to apply for withholding of removal:

  • Individuals who are in removal proceedings and have a credible fear of persecution or torture in their home country.
  • Individuals who are in removal proceedings and have been granted asylum, but are still in removal proceedings because their asylum application was denied.
  • Individuals who are in removal proceedings and have been granted withholding of removal, but are still in removal proceedings because they have not yet been granted a green card.

What are the Requirements for Withholding of Removal?

The requirements for withholding of removal are as follows:

  • The individual must show that they have a credible fear of persecution or torture in their home country.
  • The individual must show that they are unable or unwilling to return to their home country because of their fear.
  • The individual must show that they have not been convicted of a serious crime.

Can a Person with Withholding of Removal Travel?

Yes, a person with withholding of removal can travel outside of the United States. However, they must obtain a travel document from the U.S. Citizenship and Immigration Services (USCIS) before they can leave the country. The travel document is called a “parole document.”

To obtain a parole document, the individual must submit a Form I-131, Application for Travel Document, to USCIS. The individual must also submit a copy of their withholding of removal order.

USCIS will review the application and issue a parole document if it determines that the individual has a legitimate reason to travel outside of the United States. The parole document will be valid for a specific period of time, and the individual must return to the United States before the parole document expires.

Withholding of removal is a form of relief from removal that can provide certain individuals with the opportunity to remain in the United States and to work legally. If you are in removal proceedings and you believe that you may be eligible for withholding of removal, you should speak to an immigration attorney.

Additional Resources

  • [U.S. Citizenship and Immigration Services (USCIS): Withholding of Removal](https://www.uscis.gov/humanitarian/refugees-asylum/asylum/withholding-removal)
  • [American Immigration Lawyers Association (AILA): Withholding of Removal](https://www.aila.org/info/withholding-of-removal)

Can a Person With Withholding of Removal Travel?

Yes, a person with withholding of removal can travel outside of the United States, but they must first obtain a travel waiver from the U.S. Citizenship and Immigration Services (USCIS).

To apply for a travel waiver, the individual must submit Form I-601A, Application for Provisional Unlawful Presence Waiver. The form must be accompanied by the following documents:

  • A copy of the individual’s Form I-94, Arrival/Departure Record.
  • A copy of the individual’s passport.
  • A copy of the individual’s withholding of removal order.
  • A statement explaining why the individual needs to travel outside of the United States.
  • A statement explaining how the individual will return to the United States after their trip.

The USCIS will review the application and decide whether to grant the waiver. If the waiver is granted, the individual will be able to travel outside of the United States for up to one year.

It is important to note that a travel waiver does not guarantee that the individual will be allowed to re-enter the United States. The individual will still need to present their passport and other travel documents to the U.S. Customs and Border Protection (CBP) officer at the port of entry. The CBP officer will determine whether the individual is allowed to enter the United States.

If the individual is denied entry, they may be detained or deported.

What are the Benefits of Withholding of Removal?

Withholding of removal provides the individual with protection from removal to their home country. This means that the individual cannot be deported to their home country unless they are convicted of a serious crime.

Withholding of removal also allows the individual to apply for a green card after one year of continuous residence in the United States. This is a significant benefit, as it can take many years to become a lawful permanent resident through other immigration channels.

Withholding of removal also allows the individual to work legally in the United States. This is important for individuals who need to support themselves and their families.

What are the Drawbacks of Withholding of Removal?

Withholding of removal does not provide the individual with the same benefits as asylum, such as the ability to travel outside of the United States without a waiver. This can be a significant drawback for individuals who need to travel for work or family reasons.

Withholding of removal also does not provide the individual with a path to citizenship. This means that the individual will not be able to become a U.S. citizen even if they live in the United States for many years.

Finally, withholding of removal can be revoked if the individual is convicted of a serious crime. This means that the individual could be deported to their home country even if they have been living in the United States for many years.

Withholding of removal is a valuable immigration status for individuals who are not eligible for asylum. It provides the individual with protection from removal to their home country, the ability to apply for a green card after one year of continuous residence in the United States, and the ability to work legally in the United States. However, withholding of removal does not provide the individual with the same benefits as asylum, such as the ability to travel outside of the United States without a waiver, the ability to become a U.S. citizen, or the protection from deportation if convicted of a serious crime.

If you are considering applying for withholding of removal, it is important to speak to an immigration attorney to learn more about the process and your eligibility.

Can a person with Withholding of Removal travel?

Yes, a person with Withholding of Removal can travel, but there are some restrictions.

  • They must have a valid passport from their home country.
  • They must have a valid visa for the country they are visiting.
  • They must be able to show proof that they have Withholding of Removal.
  • They may be subject to additional screening at the border.

If you have Withholding of Removal and are planning to travel, it is important to speak to an immigration attorney to make sure you are aware of all the requirements and restrictions.

What are the restrictions on travel for people with Withholding of Removal?

The main restriction on travel for people with Withholding of Removal is that they must be able to return to the United States. This means that they must have a valid passport from their home country and a valid visa for the country they are visiting. They must also be able to show proof that they have Withholding of Removal.

In addition, people with Withholding of Removal may be subject to additional screening at the border. This screening may include being asked questions about their immigration status and why they are traveling. It may also include being fingerprinted and having their photo taken.

What happens if a person with Withholding of Removal leaves the United States without permission?

If a person with Withholding of Removal leaves the United States without permission, they may lose their status. This means that they may not be able to return to the United States and they may be subject to removal proceedings.

It is important to note that there are some exceptions to this rule. For example, people with Withholding of Removal may be able to leave the United States for humanitarian reasons, such as to attend a funeral or to visit a sick relative.

If you are considering leaving the United States while you have Withholding of Removal, it is important to speak to an immigration attorney to make sure you understand the risks involved.

Can a person with Withholding of Removal apply for a green card?

Yes, a person with Withholding of Removal can apply for a green card. However, there are some additional requirements that they must meet.

  • They must have been in the United States for at least 1 year.
  • They must have been continuously physically present in the United States for at least 90 days.
  • They must have a valid Form I-601A, Application for Provisional Unlawful Presence Waiver.
  • They must be admissible to the United States.

If you have Withholding of Removal and are interested in applying for a green card, it is important to speak to an immigration attorney to make sure you meet all the requirements.

What is the difference between Withholding of Removal and Parole?

Withholding of Removal and Parole are two different forms of relief from removal. Withholding of Removal is a form of discretionary relief that is granted by an immigration judge. Parole is a form of discretionary relief that is granted by the Department of Homeland Security.

The main difference between Withholding of Removal and Parole is that Withholding of Removal is a permanent form of relief, while Parole is a temporary form of relief. Withholding of Removal also provides more benefits than Parole, such as the ability to work and travel.

If you are facing removal from the United States, it is important to speak to an immigration attorney to learn more about your options and to determine which form of relief is right for you.

the ability of a person with withholding of removal to travel is a complex issue with no easy answers. There are a number of factors that can impact whether or not a person is allowed to travel, including the country they are traveling to, their immigration status, and the nature of their removal order. It is important to speak to an immigration attorney to get specific advice on your situation. However, the following are some general takeaways:

  • A person with withholding of removal is not automatically allowed to travel.
  • The government can revoke a grant of withholding of removal if the person travels without permission.
  • A person with withholding of removal may be able to get a waiver to travel if they have a compelling reason to do so.
  • The decision of whether or not to grant a waiver is made on a case-by-case basis.

Author Profile

Dale Richard
Dale Richard
Dale, in his mid-thirties, embodies the spirit of adventure and the love for the great outdoors. With a background in environmental science and a heart that beats for exploring the unexplored, Dale has hiked through the lush trails of the Appalachian Mountains, camped under the starlit skies of the Mojave Desert, and kayaked through the serene waters of the Great Lakes.

His adventures are not just about conquering new terrains but also about embracing the ethos of sustainable and responsible travel. Dale’s experiences, from navigating through dense forests to scaling remote peaks, bring a rich tapestry of stories, insights, and practical tips to our blog.