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Foreign nationals who are permitted to enter the United States to escape persecution in their home country may apply for asylum. However, if they are not eligible to seek asylum because they have missed the one-year deadline or for another valid reason, they may be able to apply for withholding of removal.
What is Withholding of Removal?
When it comes to “withholding of removal,” the first thing to bear in mind is that it is not an immigration status. Instead, it is a type of protection that the U.S. government may grant to foreign nationals who fear that they will face persecution if they return to their home country. This protection allows foreign nationals to remain in the U.S. as it means that Immigration & Customs Enforcement must “withhold” its efforts to remove them from the U.S. while their immigration case is pending.
The most important thing to note, though, is that the U.S. government sets a higher bar for withholding of removal cases. If you are considering this option, you would have to prove that it is “more likely than not” that you will be persecuted by the government or a more powerful group in your home country if you were deported. That means the U.S. government would have to conclude that you have at least a 51 percent chance of persecution upon deportation to your home country. Additionally, the type of harm you or your family members would likely face must be serious in nature, such as being kidnapped, beaten, jailed, or even killed. To raise the bar even higher, the US government requires you to prove that the persecution would be due to issues such as your political views, race, religion, or membership in a social group that your government is against.
The Advantages of Withholding of Removal
• You can apply for withholding of removal at any time, even after one year of being in the U.S.
• You will be able to remain in the U.S. while your immigration case is pending.
• You can apply for a work permit, which will be valid for one year and can be renewed in one-year increments.
The Disadvantages of Withholding of Removal
• Even if your withholding of removal is granted, you are not eligible to apply for permanent resident status.
• You cannot include your family members in your application.
• You can still be deported to a third country where you are deemed not likely to face persecution.
Although it would be a complicated process, the Department of Homeland Security or an immigration judge can terminate withholding of removal to allow a case to be reopened. Some reasons why this could happen include a change of circumstances in your home country that would make it safer for you to return or if you committed a serious crime that prompted the government to reopen your removal case so that you can be deported.
What Should You Do If You Are Granted Withholding of Removal?
Gather evidence to support your immigration case.
The most important step to take when granted withholding of removal is to gather as many documents as possible to support the claim that you would face serious persecution if you were deported to your home country. These documents should include the following:
• Medical records – showing injuries received from government forces
• Police reports – documenting any arrests and detention you faced as part of your persecution
• Newspaper articles – evidencing your role in protests or confrontations with government forces
• Photos – showing injuries you sustained or other evidence of persecution
• Membership cards or letters – showing your affiliation with a political group or other group that the government persecutes
Seek the Help of an Attorney
If you believe you may qualify for withholding of deportation, or you have questions regarding another immigration legal matter, contact U.S. Immigration Law Counsel for a strategy session to discuss your case.
