Withholding of Removal is a form of protection for immigrants who fear persecution if sent back to their home country. It is a last-resort deportation defense, only granted by an immigration judge during removal proceedings.
Unlike asylum, it does not offer a green card or a path to citizenship — but it prevents deportation and allows the person to remain in the U.S. with limited rights.
âś… Who Qualifies?
To qualify, you must prove:
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You are physically present in the U.S.
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Your life or freedom would be threatened in your home country due to race, religion, nationality, membership in a particular social group, or political opinion
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You are not barred from protection (e.g., serious crimes, terrorism)
The burden of proof is higher than for asylum. You must show a “clear probability” of persecution — meaning more likely than not.
⚖️ How It Differs from Asylum
| Factor | Asylum | Withholding of Removal |
|---|---|---|
| Standard of Proof | Reasonable possibility | Clear probability |
| Path to Green Card | Yes | No |
| Family Included | Yes | No |
| Application Deadline | 1 year | No deadline |
| Bars for Serious Crimes | Yes | Yes (stricter) |
Withholding of Removal is often requested by those barred from asylum due to late filings or other disqualifications.
đź“‹ Application Process
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Apply using Form I-589 (same form as asylum).
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Indicate you are seeking withholding of removal.
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Present your case at a merits hearing before an immigration judge.
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Submit evidence of past persecution or a high risk of future harm.
It is often pursued alongside other defenses like asylum and protection under the Convention Against Torture (CAT).
⚠️ Limitations
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No green card or citizenship path
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No derivative status — family members are not protected
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Can be revoked if country conditions change
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You can’t travel or adjust status
đź“ž Facing deportation but fear returning to your home country? Borderless Lawyers helps build strong withholding of removal claims for those with nowhere else to turn. Let us help you stay safely in the U.S.