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Under U.S. immigration law, individuals who can establish a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group may be eligible for asylum. However, in some cases, an individual may not meet the strict definition of a refugee as defined by U.S. law, but may still face a risk of persecution or torture if they are removed to their home country.
In these cases, an individual may be eligible for withholding of removal, which provides protection from removal to a country where they would be at risk of persecution or torture. Unlike asylum, withholding of removal does not provide a path to permanent residence in the United States or a pathway to citizenship.
To be eligible for withholding of removal, an individual must demonstrate that it is more likely than not that they would be persecuted or tortured if removed to their home country. This is a higher standard than the "well-founded fear" standard required for asylum. Additionally, individuals who have committed certain crimes or pose a threat to national security may be ineligible for withholding of removal.
If withholding of removal is granted, the individual will be allowed to remain in the United States without fear of being removed to their home country. However, the individual must remain vigilant, as withholding of removal does not provide permanent protection, and the U.S. government may seek to remove the individual if conditions in their home country improve or if the individual is found to have committed certain crimes or poses a threat to national security.
Withholding of Removal is a form of protection from deportation or removal for individuals who can demonstrate a clear probability that they would face persecution or harm if returned to their home country.
While both Withholding of Removal and Asylum provide protection from persecution, there are key differences. Withholding of Removal has a higher burden of proof, requiring the applicant to show a clear probability of persecution, whereas asylum requires a well-founded fear. Additionally, Withholding of Removal does not provide a pathway to permanent residency or citizenship.
To be eligible for Withholding of Removal, an individual must demonstrate that it is more likely than not that they would face persecution on account of race, religion, nationality, membership in a particular social group, or political opinion if returned to their home country.
You can apply for Withholding of Removal by submitting an application to the immigration court during your removal proceedings. It's advisable to seek legal representation from an immigration attorney to assist with the application process.
The burden of proof for Withholding of Removal is higher than for asylum. You must demonstrate a clear probability (more likely than not) that you would face persecution if returned to your home country.
Yes, you can apply for Withholding of Removal in addition to other forms of relief, such as asylum or protection under the Convention Against Torture (CAT). However, you can only be granted one form of relief.
If Withholding of Removal is granted, you will not be removed to the country where you would face persecution. However, it does not provide a pathway to permanent residency or citizenship.
Withholding of Removal is not permanent, but it can be renewed indefinitely as long as conditions in your home country remain unchanged.
Withholding of Removal can be revoked if it is determined that conditions in your home country have changed to the point where you would no longer face persecution.
Withholding of Removal does not provide the same travel benefits as lawful permanent residency. Leaving the United States may result in the termination of your Withholding of Removal.
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