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  1. #1
    Join Date
    Feb 2010
    Posts
    5

    Question Withholding of Removal

    Hello there everyone. I'm new to this forum and I desperately seek help as I couldn’t find any for my case and my stupid-soon-to-be-fired lawyer isn’t much help.
    I don’t even know how to explain my case. I’ll give it a shot!
    My status is withholding of removal.

    I applied for a refugee/asylee travel document which I got and traveled about 3times to Germany to see my husband, then-fiancé - before they noticed that I was not a refugee (I didn’t know that I couldn’t get the TD, my lawyer always told me that withholding was a different type of asylum and when you apply for the Travel doc. It asks if you are a refugee or asylee which I thought I was)

    the airport immigration officer set up a court day which has never come and my lawyer can’t even get a hold of him to see if we still going to court (at the airport they said immigration made the mistake, not me, to give me a travel document. Every document I sent said I was granted withholding, I still must go to court). I don’t know what’s this is going to do to me if I try to return – by the way they let me in on Parole.

    The problem is that I decided to move to Berlin to be with my husband. I haven’t heard anything from the court; my lawyer said we might not even have to go. And I just wonder what should I do to return legally to USA- I didn’t report that I left so I paid my taxes and still have an address and my whole family in America. Because I’ve read that is not really recommended to ask for voluntary departure and again I had many long hours driving to my lawyer for answers but he wasn’t so helpful. ahhh!

    I read before that the only way I could adjust status was to leave the country and return legally so what can I do? What forms do I file or what??? I’m very desperate as I miss my family terribly - Please help: D

    Don’t tell me what I’ve done was plain stupid – I’m beating myself enough for this plus nothing comes or you learn nothing without risks.

    If you can’t comprehend let me know – is just hard to explain!
    Oh I also lived in Virginia if that means anything!

    I hope someone has a way to set me on track.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Witholding of Removal

    I don't know the details of your situation - I don't even know from what you wrote if you are still in the U.S. or if you have already moved to Berlin - and you are working with an immigration lawyer, so I suggest that you continue to try to resolve your problem with your immigration lawyer.

  3. #3
    Join Date
    Feb 2010
    Posts
    5

    Question Re: Witholding of Removal

    well maybe asking for more details would be the best thing to ask me. because i said I miss my family - Im not in us - and my lawyer isnt a big help- Im here to see if someone knows what I should do... I guess what I really want to know is how is it that Immigration says you must leave the country and return legally to adjust status. I've read things about people leaving to Mexico (even if they're not from that country) to return legally to usa. How does that work?


    *Please read my post because mr.knowit"all" asked questions already answered on my post. I welcome any good suggestions

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Witholding of Removal

    You can discuss whether that would be possible under your circumstances with your lawyer. That's why you're paying your lawyer money - to answer this type of question based upon the specific facts of your case. If you don't like your lawyer, there are many others to choose from.

    Now that you've told us that you're no longer in the U.S., what do you imagine that going to Mexico accomplish? There's a U.S. embassy in Berlin.

  5. #5
    Join Date
    Feb 2010
    Posts
    5

    Default Re: Withholding of Removal

    Yes true, but as my post says - my soon-to-be-fire-lawyer doesnt help much.

    I love second opinions so Ill just hang on tight until someone else has a better reply-

    I just want to know how to they do this - forget about my case if you wish,
    just tell me how does this work. people going to mexico to return to usa legally and they even return short after. I just want to know that. The rest I can find. I just need to know how do they do it, what do they file for even if it doesnt fit with my case. just tell me if you know "anybody who can give me answers without turning them into question"

    Im not trying to go to mexico. I said it because thats what many people to do cause is closer to usa. Is logical I wouldnt go to mexico when there's an embassy in berlin. but maybe, yes, my fault i didnt make that clear, but i didnt mention myself going to mexico I wanted to know how people manage to return after leaving usa, but that was a much better question mr.k

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Withholding of Removal

    As was previously explained, without the facts of your case we can't address the facts of your case. As your lawyer has the facts of your case, you should be asking this of your lawyer. As was also explained, if you don't like your lawyer it's within your immediate power to hire a different lawyer.

  7. #7
    Join Date
    Feb 2010
    Posts
    5

    Default Re: Withholding of Removal

    is in my legal right to fire him and i said i will SOON. but im not here to discuss my issues with my SOON-TO-BE-FIRED-LAWYER. but if you dont have have any idea I'll understand


    ok let me put it this way...

    Immigration says to change your status from withholding to green card you must leave the country and return legally. How can you do this, what are the requirements for withholding to leave and return?

    but ok ill keep checking and I hope at least someone can answer a general question. Sorry if I sound rude- Im not, but is interesting how you go to a place for answer but people just reply with things you already know! I know immigration cases are very specific but when i say I have withholding of removal at least some general thoughts should come to ones mind. and even if it doesnt apply with my case, even if i was just studying immigration law there should be some type of answer some very general answer which I absolutely dont mind.

    I'll keep searching and when I find my answer Ill repost it here, at least some lost soul on my same boat will benefit from my post

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Withholding of Removal

    You're already out of the country, so the issue of leaving the country is moot.

    If you qualify for some form of visa, you may apply for the visa. If you require a waiver due to your ineligibility to reenter the United States, you will need to obtain a waiver before you can obtain a visa.

    Without facts we can only speak in generalities.

  9. #9
    Join Date
    Feb 2010
    Posts
    5

    Default Re: Withholding of Removal

    Dude, you got it, thats what I said on my last reply- general answers are ok - thanks :P

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