Defending Deportation: A Withholding Of Removal
At Wilson Law Group in Minneapolis, we understand how overwhelmed and stressful it can be if you or someone you love is facing deportation and a removal proceeding. Our immigration attorneys and deportation defense lawyers thoroughly understand complicated immigration regulations and have the experience necessary to craft innovative and creative defense strategies to fight your removal.
What Is Withholding Of Removal?
Similar to asylum, withholding of removal is a form of relief that allows a foreign national protection from returning to a country where he or she fears persecution.
What Are The Differences Between Asylum And Withholding Of Removal?
Several important differences exist between a petition for asylum and withholding of removal. First, withholding of removal has a higher legal standard to prove. Asylum requires showing a “well founded” fear of persecution whereas withholding of removal requires showing a “clear probability” of persecution. Second, a person granted asylum is eligible to apply for permanent residence (green card) after one year in asylee status in the U.S., among other requirements.
Withholding of removal, on the other hand, does not provide a path to permanent residency. An asylee or refugee may also file for his or her qualifying dependents, while there are no direct beneficiaries to applications for withholding of removal. An asylee or refugee is eligible to receive certain public benefits while this is not necessarily the case for persons granted withholding of removal. Asylum is more permanent in the sense that the government can only terminate status if it was fraudulently obtained. In contrast, a person granted withholding of removal may be returned to his or her country if the basis for the person’s fear is eliminated due to a change in country conditions.
Eligibility For Withholding Of Removal
A foreign national must show that he or she qualifies as a “refugee” and that there is a clear probability that he or she will be persecuted upon returning to the home country. Unlike asylum, there is no filing deadline for withholding of removal.
Barriers To Withholding Of Removal
Barriers that will prevent withholding of removal include:
- Participation or involvement in the persecution of others
- In some instances, a conviction of a particularly serious crime
- Serious reasons or evidence for believing the foreign national committed a serious nonpolitical crime outside the U.S. before arriving in the United States
- Reasonable grounds for regarding the individual as a danger to the security of the United States
- A firm resettlement in another country before arriving in the United States
Someone who is granted withholding of removal is entitled to work authorization in the United States.
Contact Us For A Free Case Assessment
Our deportation and removal defense lawyers at Wilson Law Group encourage you to contact our office to schedule a free case assessment and consultation regarding your particular situation, especially if you or a loved one fears persecution upon the return to your country of origin. You can schedule your free appointment by sending an inquiry through our website form or by calling our office at 612-430-8022.