Withholding of removal

The indefinite suspension or withholding of removal is very similar to the figure of asylum in several aspects. However, it has major restrictions. The test standard for this form of relief is superior to that of asylum.

Those who qualify for retention of removal / expulsion are under the Title 8 of the United States Law Code (USC) Section 1231 (b) (3). You must demonstrate that there is a greater than 50 chance of being persecuted. Due to race , creed, political opinion, nationality or membership of a certain social group.

Withholding of removal and its relationship with asylum

There is a main difference in relation to asylum. Withholding of removal only grants the applicant the right not to be expelled to another country. You can stay and work for an indefinite period in the United States but not apply for the Green Card.

The beneficiaries of the retention cannot leave the United States either, because if they travel abroad they cannot re-enter. Usually when requesting for asylum you may request suspension of expulsion. This will grant you more freedom and avoid future problems. To request asylum in the USA and withholdings, form I-589 is filled out and duly signed.

The judge will deny asylum if the request was filed outside of the legal period of one year. However, he could consider the suspension of the expulsion because this does not set the one-year deadline to request it.

To request it as a foreigner you must not have been convicted of a serious crime. Neither have any other criminal impediment. In that case you could request another alternative way to asylum. Like one based on the Convention Against Torture.

Please check our article on “Cancellation of removal“. A term often confused with the one that is used as title here.

Ineligible persons for withholding of removal

Foreigners with the following profile cannot choose to be eligible for withholding of removal:

  • The applicant has persecuted other people.
  • The applicant has committed a serious crime, not a political one, outside the United States.
  • There is sufficient reason to believe that the applicant represents a danger to the security of the United States. It includes people related to terrorism.
  • The applicant was convicted of a very serious crime.

If you need assistance with an immigration process, immigration lawyers in Los Angeles from Lluis Law can help you. We can assist you in applications for family based immigration, asylum applications, visas for the United States and permanent residences. We can also help you know how to get a Green Card.