Understanding Withholding of Removal

How Do You Qualify for Withholding of Removal?

To qualify for withholding of removal, you must demonstrate a clear probability that you would face persecution or harm if returned to your home country based on your race, religion, nationality, political opinion, or membership in a particular social group. Unlike asylum, there is no time limit for applying for withholding of removal, but you must prove a higher standard of risk.

Can I Get a Green Card with Withholding of Removal?

No, withholding of removal does not lead to a green card or lawful permanent residency in the United States. It only provides protection from deportation to your home country. However, individuals granted withholding of removal may be eligible for other forms of relief or protection.

Which is Easier to Prove: Asylum or Withholding of Removal?

While both asylum and withholding of removal require demonstrating a fear of persecution, withholding of removal has a higher standard of proof. To qualify for asylum, you must show a well-founded fear of persecution, whereas withholding of removal requires demonstrating a clear probability of persecution. Asylum may be considered easier to prove than withholding of removal due to this difference in standards.

Can I Appeal Withholding of Removal?

Yes, individuals who are denied withholding of removal have the right to appeal the decision. The appeal process varies depending on the circumstances of the case and may involve submitting additional evidence or arguments to support your claim. It’s essential to consult with an experienced immigration attorney to understand your options for appealing a withholding of removal decision.