Most immigrants in the U.S are always looking for protection. For people who are afraid of being persecuted in their home country and cannot qualify for asylum, the only option is to apply for withholding of removal. One major hitch is the requirements needed to be granted protection. If you have applied for withholding of removal, the judge must grant you the relief. But it’s important to learn what may bar you from being granted withholding of removal; you can consider getting legal advice from legal offices for immigration Chula Vista to learn about removal proceedings that may be relevant to your particular case.
What Is Withholding Of Removal?
Withholding of removal is a protection given to someone whose life or freedom could be in danger on the grounds of a protected class such as religion, race, nationality, etc. However, for one to be granted withholding of removal, one must have clear evidence that they may be persecuted if they are returned to their country of origin. To be granted withholding of removal, the immigration judge makes decisions based on the evidence you provided. And the burden of proof is always higher compared to that of asylum. The reason is that you must show the probability of being persecuted upon return to your country. However, you can only be barred from withholding of removal in the United States if:
- You participated in the persecution of others.
- You were convicted of a crime.
- You pose a security threat to the U.S.
Benefits Of Being Granted Withholding Of Removal
Withholding of removal is a mandatory form of protection. But for you to be granted withholding of removal, you must pass the legal test. If this is possible, you can be assured of getting the below benefits. They include:
- You may receive the right to remain and work in the United States legally. Nevertheless, this doesn’t mean that the U.S government cannot deport you to another safe country or in the same country if the condition improves. You don’t obtain permanent protection.
- You cannot bring your family members to the United States, which may lead to family separations.
- You can apply for withholding of removal if there is a possibility that you are to be denied asylum.
Drawbacks of Withholding Of Removal
If you can qualify for any other relief, such as asylum, it’s advisable not to settle for withholding of removal. Below are the disadvantages:
- You are not allowed to travel outside the U.S., and if you happen to travel, you may be automatically barred from returning.
- You are not entitled to other benefits available for asylum.
- You don’t automatically qualify for a green card application.
Since immigration law is very complex, one should consider having an immigration lawyer offer legal assistance. The test to be granted withholding to removal is very objective; you need legal advice to help you gather the right evidence to suggest that indeed you cannot get back to the country of your origin. Again where one has a criminal record in their immigration case, one should consider speaking with a seasoned immigration lawyer.