What Is Withholding of Removal? The only bars that do apply to withholding, and would block you from receiving it, are: persecution of others conviction of a particularly serious crime commission of a serious nonpolitical crime outside the United States, or terrorism. It's Harder to Prove That You're Eligible for Withholding Than for Asylum Although the legal grounds for withholding of removal are the same as for asylum, it is harder to qualify for withholding.
What Happens When You're Granted Withholding Withholding of removal provides a narrower scope of relief than asylum does, as follows: It is country-specific. You will not be removed to the particular country or countries where you are more likely than not to be persecuted, but you can be removed to a safe third country.
Your spouse and children will not receive withholding derivatively even if you obtain it though the immigration judge can separately grant it to each one if they file their own I applications for asylum. It does not automatically allow you to apply for a green card that is, adjust to become a legal permanent resident or to later naturalize as a citizen. You cannot travel outside the United States or you will be barred from returning. It does not entitle you to many benefits available to asylees for example, you can work only if you maintain a valid employment-authorization document.
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Since we focus our efforts on deportation defense law, we have the knowledge and experience necessary to efficiently and effectively evaluate the facts of your situation, present your various options, and build a strong defense on your behalf. Asylum and withholding of removal are only two of the defenses that are potentially available to you in your removal proceedings.
Make an appointment with your California deportation defense attorneys and learn how we can assist you with your case. Contact us online or call if you want to learn more about withholding removal benefits, asylum, or your options when it comes to deportation.
Landerholm Immigration, A. Additionally, they both require a showing that the persecution or harm the applicant fears are on account of one of the following grounds: Race Nationality Religion Membership in a particular social group Political opinion Differences Between Asylum and Withholding of Removal Firstly, there are the benefits. Filing Deadlines To be eligible for the asylum benefits above, you must file your case within the time limit of one year.
Need Deportation Defense? Asylum provides a path to lawful permanent resident status Green Card while Withholding of Removal does not. Withholding of Removal will only provide authorization to remain in the US and permission to work. Asylum is a better benefit than Withholding of Removal or protection under CAT because there is a path to lawful permanent resident status Green Card and citizenship. Withholding of Removal is an important benefit under immigration law because it provides the protection of not being returned to a country in which the applicant will be harmed because of their race, nationality, religion, political opinion, or membership in a particular social group.
Applicants can be denied asylum, Withholding of Removal, and protection against the Convention Against Torture if the applicant cannot demonstrate that they meet the criteria for the benefit sought.
Why is this? An applicant can be denied because they do not meet the criteria for protection or is barred due to criminal grounds or national security grounds. Someone who has been convicted of certain crimes will be found ineligible for asylum and Withholding of Removal. A decision from the Asylum Office usually comes within a few weeks.
If the Asylum Office does not approve the application and the applicant is placed in removal proceedings or if the asylum application is filed only after first being placed in removal proceedings, the alien will have a first hearing before an immigration court within a few weeks. In removal proceedings in which an asylum application is filed, the immigration court is supposed to set a hearing to determine whether to grant asylum within days of the date of the hearing in which the Court determines that an Asylum Application has been filed, although the hearing can be postponed in some circumstances.
First you must understand that an asylum application by a person out of status cannot be denied by the asylum officer in an affirmative petition. If the asylum officer chooses not to approve the application, the officer may only refer the case to an immigration court for removal proceedings. Only in the removal proceedings before the immigration court can the applicant be denied asylum.
If such denial is made, the alien will be ordered removed from the U. Of course, an appeal can be made to such a determination. If I am in status, and my affirmative application is denied by the asylum officer, may I appeal the decision? There is only an appeal from an order of removal by an immigration court. If I am in removal proceedings and I have been in the country for over one year and do not have any excuse for not seeking asylum sooner, do I have any defense through asylum or withholding of removal?
If you can establish that it is more likely than not that you will be persecuted in the home country, you may still remain in the U. By filing an Application for Asylum and Withholding of Removal Form I with the immigration court hearing your removal proceedings. If I have been in the U. The rule applies to legal stays as well as illegal stays. You may still qualify for one of the exceptions to the rule, however.
Every case is different. You will need to consult directly with an attorney for this question. Apart from the right to remain in the United States, a person granted asylum an asylee may also work in the U. On the other hand, Withholding of Removal is merely a means of not being removed to a country where there is likelihood that one would be persecuted. An alien granted Withholding of Removal is technically not in any legal status in the United States.
The only other benefit of Withholding of Removal is that the alien may work in the United States as long as he is protected from removal. In certain circumstances a person may be denied Asylum yet granted Withholding of Removal, such as discretionary denial of asylum that does not apply to Withholding of Removal and certain bars to asylum that do not apply to Withholding of Removal.
You always seek asylum with withholding of removal being an alternative relief in the event that asylum is denied. Anyone seeking asylum will be considered to also be seeking withholding of removal.
A well-founded fear means that a reasonable person in your circumstances would fear persecution in the particular country. You do not need to prove that you are likely to be persecuted. If the burden of proof for Withholding of Removal is greater than that for asylum, how would anyone ever be able to qualify for Withholding of Removal and not Asylum?
Although, one may meet the burden of proof to show he or she should get Asylum, there are other factors to show that he or she should not get Asylum.
These factors include discretionary denial of an otherwise qualified applicant and a number of bars to Asylum eligibility.
There is no discretionary denial of Withholding of Removal and many of the bars to Asylum do not apply to Withholding of Removal. Many of the above bars have exceptions. You should consult with an attorney if you fear that you may be subject to such a bar. The bar may not actually apply in your circumstances. There are five other bars that do not have exceptions and also apply to Withholding of Removal Claims. These are:.
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