An immigration relief similar to asylum in the United States is withholding of removal. This also protects foreigners who fear persecution in their country of origin.
Although both reliefs share the same application process, withholding of removal is more difficult to obtain. In the latter, it is not enough to demonstrate that you will be persecuted since you must also meet other criteria that we will see below.
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What is withholding of removal and what does it mean for the immigrant in 2025?
Withholding of removal is an immigration relief that offers protection to certain aliens who face significant risks if returned to their countries of origin.
Pursuant to section 241(b)(3) of the Immigration and Naturalization Act (INA), this immigration relief applies in cases where:
- It is not possible to apply for asylum; or
- You are not eligible, either because you applied one year after entering the US or because of certain criminal convictions.

If you have a criminal record due to certain crimes, such as violent crimes or drug crimes, you are not alone.
Contact today for a confidential, no-obligation consultation. Our attorneys are here to help you understand your legal options.
Eligibility for Withholding of Removal
Generally, those who qualify for withholding of removal are those foreigners who meet certain common criteria. For example, they fear for their life or freedom. In this sense, they must demonstrate that:
- There is at least a 51% chance of being persecuted if they return to their country of origin.
- The feared persecution must be related to specific protection reasons. For example, race, religion, nationality, political opinion or membership in a social group.
- The abuse must be caused by the government or by a group that the foreign government cannot or will not control.
- They do not have a particularly serious offense on their criminal record and have not pursued other individuals.
You may be interested in reading our article on cancellation of removal, a term often confused with the one at issue in this blog.
Who is not eligible to apply for withholding of removal?
There are certain asylum and withholding of removal prohibitions that could prevent an individual from qualifying for any of these reliefs. Therefore, you cannot request it if you:
- Spent more than a year in the US before applying.
- Previously requested a stay of deportation and was rejected.
- Are firmly established in another country.
- Have convictions for felonies.
- Participated in a chase against an individual.
- Committed a felony outside the US.
- Are considered a terrorist or a threat to American security.

If the sentences total 5 years, you will not be eligible, but you may be able to qualify for withholding of removal if you show that the crimes are not particularly serious.
In any case, you should know that there are certain deportable offenses. If committed, you could be inadmissible to the US.
How to Apply for Withholding of Removal in 2025
To apply for withholding of removal, you must file Form I-589, Application for Asylum and Withholding of Removal with USCIS if you meet certain requirements.
This can be done online or by mail, depending on your specific situation. Additionally, there is no application fee.
To avoid errors during the process, it is advisable to have professional and expert legal help. Therefore, the advice of a good immigration lawyer is essential in these cases.
General Process to Request Withholding of Expulsion
- Request Form I-589 from the Department of Homeland Security (DHS) or the Immigration Judge.
- Fill out the form in English using a typewriter or pen.
- Attach your biometric data (photo and fingerprints) to DHS.
- Make several copies of all documents.
- Give the original documents and two copies to the judge, one copy to DHS, and keep one for yourself.
- Bring copies of all documents each time you go to court.
- Ask the judge to stamp your copy of Form I-589 to apply for a work permit if you leave detention.
You can find more information about these steps at the Department of Justice (DOJ) or with our Los Angeles immigration attorneys.
Documents required to request Withholding of removal

In addition to Form I-589, you need to have the following documentation on hand to request withholding of removal:
- A statement detailing past persecution or fear of future persecution.
- If the application is made more than one year after entering the US, you must explain the change in circumstances that makes you eligible now.
- Letters, press articles documenting the persecution.
- Police reports, hospital records, or photos documenting physical abuse.
- Letters of support from friends and family.
- US entry documents, identification, school or employment records, and previous tax returns.
- Proof of membership in a religious community or organization.
- Rehabilitation testing if you have been convicted of a crime.
Withholding of Removal and Its Relationship to Asylum
Withholding of removal shares several differences with asylum, including:
- It offers less secure protection than asylum;
- It does not provide a path to lawful permanent residence;
- You cannot request a document to travel as a refugee or travel outside the US;
- Nor can relatives be requested to bring them to the United States.
- Those who receive it may be deported to another country or are at risk of having their protection revoked if conditions in their country improve. In this case, an alternative route is protection under CAT, but it is much more difficult to obtain.
Of course, those under withholding of removal may be eligible for welfare, Medicaid, and food stamps for 7 years.
For more information on the latter, we invite you to read our blog: consequences of having for food stamps.
Now you know the difference between asylum and withholding of removal, but the standard for applying for the latter is more rigorous. Our professionals will be able to assist you throughout this processing process.
What Happens When You Get Withholding of Removal
When withholding of removal is granted, the following occurs:
- The immigrants cannot be returned to their country of origin, but can be transferred to another country where there is no probability of being persecuted;
- The benefit is individual. That is, you will not be able to request immigration benefits for your immediate family members. However, the immigration court could grant this relief to your family members separately;
- You cannot obtain a Green Card , much less become a US citizen;
- Travel outside the US is bared. If you do so, you will not be able to re-enter;
- It is possible to apply for employment authorization and work legally.
Can I appeal my withholding of removal case?
Generally, you cannot file a request for withholding of removal if your previous request was denied by:
- An immigration judge; or
- The Board of Immigration Appeals (BIA).
However, you have the option to file a motion to reopen if you show that substantial changes have occurred that affect your eligibility for withholding of removal.

Many immigrants wonder if it is possible to win an immigration appeal process . To know the answer, we invite you to read our publication.
What can I do if they don’t let me leave the country and I don’t want to remain detained any longer?
If you are detained and considering accepting removal, think carefully. Accepting it can have serious consequences. For example:
- If you return to the US illegally, you could face several years in prison.
- In addition, it will make it difficult for them to legally return in the future.
- Not applying for asylum now could affect your case later.
So if you have a case, fight it now. Of course, if you are not thinking about applying for a Green Card, you may be eligible for voluntary departure from the United States.
How Difficult Is It to Obtain Withholding of Removal?
Withholding of removal is difficult to obtain and few achieve it due to existing obstacles.
For example, national foreigners often have limitations in legal advice, making it difficult to win cases. What’s more, only 14% of detainees manage to hire a lawyer, and only 21% of them obtain any immigration relief.
Those without an attorney are even less likely to apply for protection and obtain it.
Are my family members included in my withholding of removal application?
If you are granted a withholding of removal, your relatives will not automatically receive any immigration status. To do this, they must individually request withholding of expulsion or another type of relief.
Your family members may qualify for some type of American visa or temporary status, such as TPS.
What if I cannot qualify for withholding of removal?
If you fear being subjected to torture in your home country and do not qualify for withholding of removal, you may be able to qualify for another form of protection. For example, protection under CAT.
To achieve this, you will need to demonstrate that there is a high probability that the government of your home country will directly subject you to torture.
If you do not qualify for this immigration relief, you may qualify for another, such as NACARA or the Cuban Adjustment Act .
How do I apply for help under CAT?
To apply for relief under the Convention Against Torture (CAT), you must,
- Complete Form I-589; and
- Check the box indicating that you are also applying for CAT.
There is no cost associated with applying for CAT relief and there is no deadline to submit it.

What Is the Difference Between CAT Immigration Relief vs Asylum and Withholding of Removal?
CAT protection differs from asylum and withholding of removal in the following ways:
- Requires showing risk of torture, not just harm, where torture involves extreme physical or mental pain to force or punish.
- Obtaining CAT protection does not guarantee lawful permanent residency, it only ensures that ICE will not deport you to your home country, although you could be sent to another country that accepts your entry.
- It is not necessary to prove that torture is related to specific reasons such as race, religion, nationality, political opinion or social group. However, you must prove that the torture will come from a government official.
Don’t know how to act correctly if ICE agents show up at your door? Check our blog if you want to be prepared for this scenario.
Frequently Asked Questions About Withholding of Removal
Can I Adjust My Status With a Withholding of Removal?
Withholding of removal and adjustment of status in 2025 remain unsupported, as are withholding of removal and adjustment of status by marriage. In other words, it is not possible to carry out this process.
Can a person with withholding of removal be deported?
You may have read or heard in the immigration news about individuals deported even with withholding of removal granted.
The reality is that this is a temporary relief and not a definitive immigration status. Therefore, authorities can revoke protection against deportation if conditions in the country of origin improve. What’s more, they could even deport you to a safe third country.
How often do deportations to a third country occur if withholding of removal was granted?
Although individuals with withholding of removal could be deported to third countries, ICE rarely does so.
In fact, only a small percentage of those with withheld deportation have been sent to other countries.
Can I Travel Outside the US with Withholding of Removal?
Under a withholding of removal, individuals cannot leave the country. However, individuals with refugee (and asylee) status can apply for a travel document and be able to leave the US.
What Is Considered Credible Fear of Persecution?
Credible fear of persecution is the significant possibility that you can demonstrate to an immigration judge that you are persecuted or have a justified fear that if you are returned to your home country you will be persecuted.
Do I need an immigration attorney to apply for withholding of removal?
It is not mandatory to hire an immigration attorney to apply for asylum or withholding of removal. However, having one can significantly increase your chances of success.
Immigration law is complex and deportation procedures can be overwhelming.
If you want to apply for this or other immigration relief, talk to us. We offer you effective representation before the Immigration Court in Los Angeles.
With more than 50 years of combined experience helping immigrants, we can be with you in any process. We will help you throughout this application process and attend hearings with the judge with you.
Contact us today so we can begin the information process and determine your scenario.
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