Withholding of Removal

When you work with an experienced immigration attorney like Alina Kats at Kats Immigration Law, you learn there’s more than one way to achieve legal entrance into the United States. If you don’t qualify for an asylum claim, for example, or you’ve been turned down, your lawyer may be able to stop you from being deported with a withholding of removal claim. Call Kats Immigration Law to learn if you meet withholding of removal requirements, as well as the difference between asylum and withholding of removal.

What Is Withholding of Removal?

Political asylum is the most well-known form of protection that immigrants can receive to prevent being returned to a country where you may face persecution. Not everyone is eligible for asylum, however, and those who don’t qualify may be eligible for a withholding of removal claim. If you’re granted this form of relief, the government can’t continue with removal proceedings, which is a temporary solution to being deported.

The immigration laws in the United States are often complicated and confusing. If you need a top-notch immigration attorney in NYC for assistance with obtaining a green card, citizenship and naturalization or immigration appeals, your best option is Alina Kats of Kats Immigration Law.

What Are Withholding of Removal Requirements?

If you’ve faced persecution in the past in your home country, you often have legitimate reasons to fear being persecuted if you return. To qualify for withholding of removal, persecution must be based on the certain types of persecution, similar to common asylum claims that include:

• Nationality
• Race
• Political opinion
• Religion
• Belonging to a particular social group

If you pursue a withholding of removal claim, you need to be able to demonstrate that there’s more than a 50 percent chance you’ll face persecution in your home country for one of the above reasons. Use Form I-589 to apply for asylum and you can apply for withholding of removal at the same time.

What Can Prevent Me from Qualifying for Withholding of Removal?

Many immigrants fear being deported. If you meet the withholding of removal requirements, the judge must grant you this form of relief. There are a few things that could prevent you from qualifying for withholding of removal, however, such as:

• Acts of terrorism
• Evidence that you’re a danger to the security of the U.S.
• Participation in persecution
• Committing a serious crime

If you committed a serious non-political crime in another country before coming to the United States, this could also prevent you from qualifying for this category of relief. An immigration attorney can clarify whether you qualify for asylum, withholding of removal or an alternate form of relief known as protection under the Convention Against Torture.

What’s the Difference Between Asylum and Withholding of Removal?

Immigrants who want to remain in the U.S. to avoid oppression in your home country usually apply for asylum. To qualify for asylum, you must be able to prove that you have a justifiable fear of persecution. Examples of situations considered persecution include:

• Physical violence or abuse
• Genocide
• Torture
• Unlawful detention
• Intimidation
• Deprivation of food, employment or housing
• Destruction of property

You must file for asylum within one year of your arrival if you’re already in the U.S. If you wait longer than that, you’re not eligible for asylum. If you have previously been denied asylum by an immigration judge or if you can be safely relocated to a safe third country, you’re not eligible to apply for asylum. Those who aren’t eligible to apply for asylum can apply for withholding of removal. Key differences between asylum and withholding of removal include:

• If you’re granted asylum, your status as an asylee doesn’t expire. Protections under withholding of removal aren’t permanent and can be revoked if conditions improve in your home country or if you can be removed to a country that’s considered non-risk.
• Green card. Asylum provides the opportunity to apply for a green card one year after being granted asylum. Withholding of removal is a temporary solution that doesn’t provide an opportunity to become a permanent resident.
• Family members. Asylees may petition for your spouse and unmarried children under the age of 21 to be brought to the U.S. Those who have been granted withholding of removal can’t petition to bring family members to this country and may experience family separation if protection isn’t granted to all family members.
• Those granted asylum may be eligible to temporarily travel abroad with a refugee travel document. Those granted withholding of removal can’t travel abroad, and if you do so, you may be barred from returning to the U.S.

Both groups may be eligible for employment authorization. Applying for asylum must be done within a year of arrival, but if it’s been longer than a year, a noncitizen may be eligible for withholding of removal. Both groups must prove fear of persecution, but asylum applicants only must prove a 10 percent likelihood of persecution while those applying for withholding of removal have to prove that there’s more than a 50 percent chance of suffering persecution if you return to your home country.

How Can an NYC Immigration Attorney Help Me?

A New York City immigration lawyer helps you thoroughly understand the process of applying for relief from deportation. If you fear being persecuted in your home country, the person who’s making a decision on your application may not be familiar with conditions in your home country. For this reason, detailed information must be submitted on your application, which is best done with the help of an experienced and knowledgeable immigration attorney.

If you or a loved one is facing the possibility of deportation, you need expert guidance from an experienced immigration attorney. Alina Kats offers compassion and extensive expertise navigating the complexities of immigration law. Contact Kats Immigration Law today to schedule an in-person or virtual consultation.