What Is Withholding of Removal, and How Is It Different From Asylum?

For individuals seeking refuge from persecution abroad, the U.S. immigration system offers several forms of protection. Two of these are asylum and withholding of removal. These are often filed together, but they are not the same:

• Eligibility requirements are different
• Withholding of removal typically requires stronger proof than asylum
• Asylum offers a path to permanent residency, while withholding of removal does not

At Kriezelman Burton & Associates, LLC, our immigration attorneys have helped individuals and families alike with complex protection-based claims over the 50 years of our practice. We know that understanding the differences between asylum and withholding of removal can be critical to determining which protection may apply to your situation.

What Are Asylum and Withholding of Removal?

Both asylum and withholding of removal are forms of protection that are available to individuals who fear persecution in their home country. Both are applied for using Form I-589, Application for Asylum and for Withholding of Removal, and both can be filed defensively during removal proceedings.

Despite sharing the same application form, however, the two forms of relief operate differently in several important ways.

Key Eligibility Differences

Asylum:

• Available to individuals who have suffered persecution or have a well-founded fear of future persecution
• Fear of persecution must be based on race, religion, nationality, membership in a particular social group, or political opinion
• Must be filed within one year of arrival in the United States, with limited exceptions
• Applicant must be physically present in the U.S. and must not be a U.S. citizen

Withholding of Removal:

• The applicant must demonstrate that it is more likely than not that their life or freedom would be threatened upon return to their home country (a higher standard than asylum)
• Based on the same five protected grounds as asylum
• Does not have a one-year filing deadline
• May be available to individuals who are barred from asylum due to certain grounds of ineligibility

Protections Granted By Each

If asylum is granted, the individual receives legal status in the United States, authorization to work, the ability to petition for qualifying family members, and a pathway to apply for a green card after one year.

Withholding of removal provides narrower protection, preventing removal to the country where their life or freedom would be threatened and offering the possibility of work authorization. It does not provide a legal status, and removal to a third country where no threat exists remains possible.

Limitations of Withholding of Removal

Withholding of removal does not provide the same benefits as asylum. Specifically:

• It does not provide a pathway to lawful permanent resident status.
• It does not allow the individual to bring relatives to the United States.
• Protection does not extend derivatively to a spouse or child listed on the application; each family member must apply independently.

Protect Your Future With Experienced Legal Counsel

Applying for asylum and withholding of removal as removal defense methods involves complex legal standards, strict deadlines, and high stakes. The immigration attorneys at Kriezelman Burton & Associates, LLC are experienced in presenting protection-based claims before immigration courts and USCIS, and we are committed to pursuing the strongest possible outcome for each client we serve.

To discuss your case confidentially, we encourage you to contact Kriezelman Burton & Associates, LLC to schedule a consultation. Our team is here to support you.