Attorney at Law
FOR LAWYERS

What is Withholding of Removal?

Withholding of removal is a certain type of legal relief provided to those fearing persecution in their country of origin. This remedy is provided to foreign nationals who are in the United States and meet the criteria for asylum, but may not qualify for asylum due to various factors. In other words, even if you do not qualify for asylum, you may still be eligible for withholding of removal. Unlike asylum, Withholding of Removal does not provide a path to permanent residency or citizenship in the United States. 

Key Takeaways

  • Withholding of removal is a type of legal relief provided to those fearing persecution in their country of origin.
  • If an individual is granted withholding of removal, they cannot be deported to the country where they fear persecution. 
  • Withholding of removal requires a higher standard of proof in contrast to asylum. 

Withholding of Removal vs Asylum

Asylum and Withholding of Removal are two forms of relief available to foreign nationals in the United States who face persecution in their home countries. While they have some similarities, there are key differences between the two.

Asylum allows an individual who meets the legal definition of a refugee to remain in the United States and eventually apply for lawful permanent resident status. To qualify, the individual must prove they are unable or unwilling to return to their home country due to past persecution or a well-founded fear of future persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Those granted asylum can also include their spouse and children as derivative asylees. Importantly, asylum status provides work authorization and access to some public benefits.

On the other hand, Withholding of Removal only prevents an individual's removal or deportation to a specific country if it is determined their life or freedom would be threatened based on the same protected grounds as asylum. However, it has a higher burden of proof than asylum - the individual must show it is "more likely than not" they would face persecution. Unlike asylum, Withholding of Removal is temporary and must be renewed periodically. It does not allow the individual to apply for permanent residence or provide derivative status for family members. Additionally, withholding status is more limited in employment authorization and access to public benefits compared to asylum. While Withholding of Removal prevents return to the country of persecution, Asylum provides a more robust and permanent immigration solution for those who qualify as refugees.

Bottom Line

As mentioned, it is much more difficult to prove that you’re eligible for withholding than for asylum. This is due to the fact that you must show a clear probability of future persecution if returned to your country of origin.

If you have any questions regarding Withholding of Removal, or if you need help determining whether you should apply for Withholding or Asylum, book a consultation with one of our legal experts today.

Ask a Lawyer

Ask your own question and get advice from expert attorneys
Ask Question

Featured Asylum Lawyers

Immigration Law Office of Karina Arzumanova, P.A.

google-logo
13 years in practice
Asylum, Citizenship, Deportation Law, Family Visa, Green Cards
View Profile

Ratner Molineaux, LLP

google-logo
50 years in practice
Asylum, Auto Accidents, Employment Law, Immigration Law, Personal Injury
View Profile

Alizadeh Employees Law, Prof. Corp.

9 years in practice
Asylum, Citizenship, Work Visas
View Profile

Law Office of Edwin Burnett

36 years in practice
Copyright, Intellectual Property
View Profile

Aldrich & Brunot, LLC

google-logo
9 years in practice
Auto Accidents, Personal Injury
View Profile

Horn Wright, LLP

google-logo
28 years in practice
Employment Law, Personal Injury, Sexual Assault
View Profile

Contact AttorneyAtLaw.com

Are you looking for an attorney? Do you have questions about a legal case you are facing? Contact us now and we will put you in touch with a lawyer for free.
Attorney At Law is changing how clients connect with lawyers. By providing an innovative platform to lawyers who want to expand their practice’s reach, AAL is bringing law practices into the future.
6142 Innovation Way
Carlsbad, California 92009
Some of the content of this website may be considered attorney advertising under the rules of certain jurisdictions. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
crossmenuchevron-upchevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram