Do you know what Withholding of Removal is?. It is a form of protection under U.S. immigration law that prevents the removal of a person to their home country if they can demonstrate that, if returned, they have a well-founded fear of persecution based on one of several protected categories.
It is important not to confuse it with asylum, although both offer similar protections.
Characteristics of Withholding of Removal
- Reason for Protection: The applicant must demonstrate a well-founded fear of persecution if they return to their home country due to their race, religion, nationality, membership in a particular social group, or political opinions.
- Standard of Proof: The standard for withholding of removal is higher than for asylum. The applicant must prove that it is more likely than not that they will be persecuted, compared to the asylum standard, which only requires a reasonable fear.
- Legal Process: The application is made during deportation proceedings or as part of an asylum application. The individual must demonstrate that they cannot return to their home country due to the risk of persecution.
- Permanent Protection: Withholding of removal provides protection as long as the applicant cannot return to their home country due to the risk of persecution. It does not provide a direct path to permanent residency, unlike asylum.
Benefits:
- Protection against deportation.
- Work permit while in the U.S.
- Possibility of applying for legal permanent status under certain conditions.
Limitations:
- It does not automatically lead to a green card or citizenship.
- The applicant may be subject to certain restrictions, such as being unable to travel outside the U.S. without losing their status.
Do you know what Withholding of Removal is?
Withholding of removal is a crucial form of protection for those facing a serious risk if deported, but the process to obtain this protection can be complex and requires solid evidence of the fear of persecution.
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