Asylum is a form of protection granted to individuals who:
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Are already in the U.S. or arriving at a port of entry,
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Have a well-founded fear of persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group.
Asylum allows you to stay in the U.S., work legally, and apply for permanent residency after one year.
🚫 What Is Withholding of Removal?
Withholding of removal prevents deportation to a country where your life or freedom would be threatened due to the same protected grounds as asylum.
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It is harder to qualify for than asylum.
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Does not lead to permanent residency or citizenship directly.
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No work authorization unless granted separately.
🛡️ What Is CAT Protection?
Protection under the Convention Against Torture (CAT) stops the U.S. from deporting you to a country where you are more likely than not to be tortured.
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Does not require proof of persecution based on protected grounds.
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Does not provide a path to permanent residency or citizenship.
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You cannot apply for work authorization based solely on CAT protection.
🆚 Key Differences at a Glance
| Feature | Asylum | Withholding of Removal | CAT Protection |
|---|---|---|---|
| Eligibility Grounds | Race, religion, nationality, political opinion, social group | Same as asylum | Torture risk (no protected grounds needed) |
| Burden of Proof | Well-founded fear | Clear probability (>50%) | More likely than not (>50%) |
| Benefits | Work permit, green card after 1 year | No green card, limited benefits | No green card, limited benefits |
| Family Inclusion | Yes | No | No |
⚠️ Important Notes
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Asylum applications must generally be filed within 1 year of arrival.
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Withholding and CAT protections are usually requested during removal proceedings.
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Legal representation significantly improves chances of approval.
📞 If you fear persecution or torture, Borderless Lawyers can help you understand your options and navigate the complex asylum and withholding application processes with care and expertise.