Asylum, Withholding of Removal and Withholding of Removal under the Convention Against Torture

A person can obtain permanent resident status after winning their asylum claim in the United States. The laws that govern Asylum law are very complex. However, after hundreds of hours of experience in the field, we can help you navigate this complex field.

After entering the United States, a person may seek asylum if they fear returning to their country of origin because they have been persecuted or have a well-founded fear of future persecution, and their government cannot protect them. The persecution or fear of persecution must be based on race, nationality, religion political opinion, or your belonging in a particular social group.

It is important to know that to be eligible for asylum, you must submit your application within one year of your most recent entry into the United States. There are few exceptions to this requirement.

If an asylum officer or a federal immigration judge determines that you are eligible for asylum, you will be able to apply for a green card one year after the grant of your asylum claim. Asylum is a family reunification program. This means that if you win your asylum claim, you are also allowed to obtain a green card for certain of your family members, including your spouse and children under 21 years of age.

Due to the recent changes in Asylum law in the United States, the laws governing asylum are very complex and require a high level of experience. Call our office for a consultation on the matter.

Withholding of Removal

Withholding of removal is an alternative form of relief. A person who does not qualify to apply for asylum may still apply for withholding of removal and for relief under the Convention Against Torture. However, these forms of relief are significantly harder to win, and their benefits are limited.

A person may have to seek withholding of removal for several reasons:

• The one-year filing deadline for asylum was not met and there were no exceptions that applied;
• A person is barred from applying for asylum because of the commission of a serious crime; or
• a person has a prior removal order and was placed in “withholding only” proceedings.

If a person wins withholding of removal, the immigration judge orders the person removed and then withholds this same removal order. This means that even though there is an order of removal, the person does not have to leave the United States and can obtain work authorization. Winning withholding of removal does not give any of your family members any status nor does it allow you to travel outside of the United States.