When Is Withholding of Removal Available in Immigration Cases?

 Posted on July 21, 2022 in Immigration

There are a variety of situations where immigrants to the United States may face deportation. A person may be accused of entering the U.S. illegally, remaining in the country after the expiration of a visa, or otherwise violating immigration laws. There are a number of potential defenses against deportation, and in many cases, immigrants may apply for asylum based on the fear that they will face prosecution if they are forced to return to their home country. However, those who do not qualify for asylum may be able to apply for another form of humanitarian relief known as withholding of removal.

Asylum Vs. Withholding of Removal

A person may qualify for asylum if they are currently in the United States and meet the requirements to be considered a refugee. Refugees are people who have been forced to flee their home countries, and they must have experienced persecution, or they must have a credible fear that if they are returned to their home countries, they will be persecuted because of their religion, race, political opinions, or membership in certain groups. A person who is granted asylum will be protected against deportation, they will receive authorization to work in the United States, they will be eligible for government aid, they may ask for permission to travel outside the U.S., and they may be able to file petitions on behalf of family members who are seeking to immigrate to the United States.

There are some cases where immigrants may not qualify for asylum, but they may still be able to apply for withholding of removal. This option may be available if a person was barred from receiving asylum because they were present in the United States for more than one year or because they had previously been deported and returned to the U.S. However, if a person has been denied asylum because they had engaged in persecution of others or because they have been convicted of a serious crime, they will not qualify for withholding of removal.

If withholding of removal is granted, a person will generally be allowed to remain in the United States, and they may receive authorization to work. However, they will not be provided with many of the rights or protections granted to those who are granted asylum. A person will not be able to petition to bring their family members to the U.S., and they will be unable to leave and re-enter the country. If immigration officials determine that conditions have changed in a person’s home country such that they are no longer at risk of persecution, they may revoke withholding of removal and proceed with the deportation process.

Contact Our Dallas Asylum and Withholding of Removal Lawyers

At John W. Lawit, LLC, we can help you understand your options for seeking humanitarian relief. Depending on your unique circumstances, we can determine whether you qualify for asylum or whether other defenses against deportation are available. We will provide you with strong and effective legal representation to ensure that you and your family can remain safe from harm. Contact our Euless deportation defense attorneys at 214-609-2242 to get legal help with these or other immigration issues.

Sources:

https://www.americanimmigrationcouncil.org/research/asylum-withholding-of-removal

https://www.law.cornell.edu/cfr/text/8/208.16

https://www.uscis.gov/i-589