Eligibility Criteria for Withholding of Removal: Who Qualifies?
- sacredheartimmigra
- Jan 3, 2024
- 2 min read
Withholding of Removal is a form of relief under U.S. immigration law for individuals facing the risk of persecution or harm if returned to their home country. The following categories of individuals can apply for Withholding of Removal:
Individuals in Removal Proceedings: It is typically sought by individuals who are already in removal (deportation) proceedings before an immigration judge. This means that the person is already in the process of being removed from the United States but is seeking protection due to the risk of persecution.
Those Who Fear Persecution: Applicants must demonstrate that it is more likely than not that they would face persecution on account of race, religion, nationality, membership in a particular social group, or political opinion if returned to their country of origin.
People Who Meet a Higher Standard than Asylum: The standard of proof for Withholding of Removal is higher than for asylum. While asylum seekers must demonstrate a well-founded fear of persecution (roughly a 10% chance), those seeking Withholding of Removal must show that there is a clear probability (more than 50% chance) that they will be persecuted.
Individuals Barred from Asylum: Some individuals who are barred from receiving asylum due to certain bars (like serious non-political crimes or security concerns) might still be eligible for Withholding of Removal, although the criteria are stricter.
Persons Without Serious Criminal Convictions: Individuals with serious criminal convictions that qualify as particularly serious crimes may be ineligible for Withholding of Removal. This is a key consideration since the presence of such criminal records can significantly impact eligibility.
Those Not Facing Firm Resettlement: Individuals who have been offered another country for permanent resettlement may not be eligible for Withholding of Removal in the U.S.
Non-U.S. Citizens: U.S. citizens cannot apply for Withholding of Removal as it is specifically designed for non-citizens facing deportation.
It's important to note that Withholding of Removal does not lead to permanent resident status in the United States and is more limited than asylum in terms of benefits. Individuals considering applying for this form of relief should ideally seek guidance from an immigration attorney to navigate the complex legal requirements and procedures involved.
