If you are being deported and fear severe harm in your native country, withholding removal might be able to protect you. It is a court remedy that prevents the U.S. government from deporting you to your home country, where your liberty or life would be threatened.
In this blog, we will explain withholding of removal, who qualifies, how to apply, and compare it to other forms of relief. We will also briefly discuss how an immigration question attorney can confidently help you navigate this process.
Q: Can You Explain Withholding of Removal?
A: Withholding of removal is a legal defense for a person currently being deported. It is what keeps the government from sending a person to a country where they would probably more than likely be persecuted.
You will qualify if you can prove that your liberty or life will be threatened due to one or more of the following:
- Your race
- Your Religion
- Your nationality
- Your political opinion
- Your membership in a particular social group
You can only apply if you’re already in the process of removal. That means this is not something you fill out by mail or on a website—it has to be done in immigration court.
Q: What is the Difference Between Asylum and Withholding of Removal?
A: How does withholding of removal differ from asylum? They both provide protection but are different.
First, the burden of proof is higher for withholding of removal. In asylum cases, all you must prove is that you have a “well-founded fear” of persecution. But for withholding of removal, you have to confirm it is more likely than not that persecution will take place.
Second, asylum petitions must be submitted within one year of entering the U.S. There is no time limit for withholding of removal, so it is a second opportunity for many who lost that one-year asylum window.
Third, asylum provides more advantages, including:
- A route to permanent residence (green card)
- Authorization to apply for U.S. citizenship in the future
- The right to sponsor family members
- The right to leave the country with permission
Withholding of removal gives you only the right to stay and work in the U.S. under strict conditions. It’s a valuable protection, but it’s limited.
Q: Who is Eligible for Withholding of Removal?
A: You need:
- To have removal proceedings.
- To fear persecution if you return to your home country.
- The persecution is due to your race, religion, nationality, political opinion, or membership in a social group.
- You may produce concrete Evidence to support your claim.
Also, you are not qualified if you have any of the following situations:
- You’ve been convicted of a serious non-political offense in a foreign country.
- You pose a danger to society due to a particularly heinous crime.
- You’ve persecuted others (e.g., have participated in human rights abuses).
Q: How Can One Apply for Withholding of Removal?
A: Requesting withholding of removal isn’t filed on a separate form like all other immigration benefits. Instead, you request it before an immigration judge during your deportation hearing.
This is a summary of the process:
- Appear at Your Master Calendar Hearing
This is where your case begins. The judge will hear your case and schedule your hearing.
- Submit Form I-589
This is the identical asylum application form. On this form, you must indicate the box under “Withholding of Removal.”
- Send Evidence
You will require clear Evidence. This may be country condition reports, medical reports, police reports, or personal affidavits.
- Be Prepared to Give Testimony
You must tell why you believe you will be harmed if returned and provide accurate facts about yourself.
- Go to Your Individual Hearing
This is the final hearing. You, your lawyer, and the government attorney will present arguments. The judge makes a ruling afterward.
Q: Can I Receive Work Authorization if Granted Withholding of Removal?
A: If the court grants you withholding of removal, you will not be removed. You may remain in the U.S. and can apply for work authorization. Your status is not permanent, though.
Key things to remember:
- You will periodically need to renew your work permit.
- You can’t leave the country in the U.S.
- You can’t petition for a green card or citizenship on this status.
- If circumstances change back home, the government can try to send you away in the future.
This status relieves you but is not the same as being a lawful permanent resident.
Q: How Can an Attorney Help Me?
A: Deportation is intimidating. Immigration law is complicated, and the withholding of removal standard is strict.
An attorney will help you with:
- Preparing a strong application
- Obtaining important documents and Evidence
- Practicing your Testimony before the hearing
- Taking you to court
- Filing an appeal, if necessary
Even a small mistake can lead to a denial. If you’re in removal proceedings, get legal help right away.
Q: Can Withholding of Removal Ever Be Upgraded?
A: While withholding doesn’t directly lead to a green card, there are rare cases where someone might later adjust status another way—such as through marriage to a U.S. citizen or winning a different immigration case.
However, until your deportation order is lifted, you’re not eligible for most immigration benefits. This makes it even more critical to consider all available options from the start and speak with an attorney who understands the full scope of immigration relief.
Final Thoughts
Withholding of removal is a significant legal protection for immigrants who are genuinely in danger in their countries. It is not as broad as asylum but can be a lifesaver. If you are at risk of deportation and require help, don’t wait. Talk to an immigration question attorney now. They can work on your case and help you fight for the protection that that’s yours.
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