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Effective: April 1, 2008 |
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11.20.35ar2 - Withholding of Removal (Archive) |
Archived: June 1, 2011 |
People granted withholding of removal (formerly called ”withholding of deportation”) have a similar status to asylees. U.S. Citizenship and Immigration Services (USCIS) withholds removal because of a threat to life or freedom in the person's home country due to race, religion, nationality, membership in a particular social group, or political opinion.
There is a higher standard of evidence required for granting withholding status than for asylee status. In some circumstances, people may choose between asylum or some other status for which they qualify. However, if people meet the criteria for a withholding status, that is the one they must be granted.
People whose removal has been withheld are potentially eligible for federally funded health care (Medical Assistance with federal financial participation, or MinnesotaCare program LL or FF) regardless of date of entry or length of time in the U.S.
People with this status are not eligible to adjust to lawful permanent resident (LPR) status. However, the appropriate immigration authorities can extend their "withholding" status for an indefinite period. Refer cases with expired status to HealthQuest.
Require one of the following:
l Order from an immigration judge or federal court showing a grant of deportation or removal withheld.
l Copy of USCIS form I-765, Application for Employment Authorization, or receipt from USCIS indicating filing of application.
l USCIS Form I-688B annotated 274a.12(a)(10).
l USCIS Form I-766 annotated A10.
l I-94 stamped Withholding of Deportation, § 243(h) or 241(b)(3).
l I-571 Refugee Travel Document.
If these noncitizens are not eligible for Medical Assistance (MA) or MinnesotaCare, they may be eligible for General Assistance Medical Care (GAMC).