Withholding of Removal

Withholding of removal is an order given by an immigration judge to a person who will be persecuted if they are deported to their home country. Their persecution may be because of their religion, nationality, social group, race, or politics.The order prevents you from being deported to your country of origin. Withholding of removal will also allow you to work towards getting employment authorization if you so choose.

You must prove that it is more likely than not that you will be persecuted in your home country if sent back. It is not discretionary like other rulings such as applying for asylum. But you must provide the proper proof. If you cannot prove that you would be persecuted, you will be required to leave the United States.

How Do I Apply?

1. Provide copies of primary and secondary evidence of your family. This includes yourself, your spouse, and any children that live with you. This excludes parents, uncles, aunts, and extended family. The evidence can include birth certificates, marriage certificates, school records, and more.

2. Provide one passport-style photograph of each family member. This will include yourself, your spouse, and any children that live with you.

3. Fill out an I-589 form supplied by the USCIS. The filing fee costs nothing. Provide two copies of the filled out form as well.

4. Provide three copies of your passport and any other immigration documents.

Also, prepare as many written statements as you can. Make sure they are not only by yourself, but from those close to you. The more credible testimonies you have on your side, the better your proof will be.For more questions about how to prepare your application, talk with the right immigration attorneys. The right attorney can walk you through the process and let you see any other avenues you may want to take, such as asylum or convention against torture.

What Are The Forms of Proof?

Establish a pattern of persecution.Cite specific examples of your persecution within your country of origin. You must prove that your persecution was because you identified with a particular group. That group must also exist within your country of origin.You establish a pattern by showing your home country persecuting people like you. This will show the judge what will likely happen to you if you returned. Once you have shown a pattern, a judge will consider it.

You can also show that you were a victim of persecution in the past. Past persecution creates a presumption of future persecution. If you demonstrate past persecution, the government would have to show a change in circumstances that would lead the judge to believe that you would not suffer persecution in the future. The burden of proof would shift to the government.

Can I Be Disqualified?

To be disqualified, you must have done one of the following:

  • Have persecuted another person

  • Have committed acts against the United States which put the country in danger

  • Have committed acts against another country which put that country in danger

Are There Any Drawbacks?

Going through these measures are not as good as applying for asylum. Asylum has a lower burden of proof, and puts you on the track toward permanent residence and eventual citizenship.Withholding of removal does not guarantee that a person can stay in the U.S. The order prevents a person from deportation to their country of origin. This could mean deporting the person to a third country. It could also mean deportation in the future if conditions in your home country change. For those reasons, asylum is a better option if you qualify.These proceedings are only available to those in removal procedures.

If you want to apply but are not in such procedures, you cannot qualify. A person that successfully gains this status in the U.S. must not leave the U.S. They must also pay a yearly fee to maintain the right to work in the U.S. You may also be required to check in with immigration officials involved with ICE. Change of status is not available to a person under withholding of removal. It is available to those who have qualified for asylum.

Also, these measures should be considered as a fallback if asylum is not approved. By filling out form I-589, you are filling out an asylum form as well. If your approval for asylum is not granted, but you have proven persecution, you are still eligible for withholding of removal.

If you are having difficulties with your withholding of removal, contact the attorneys at Salmon-Haas to get their help.