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If you're in removal proceedings without asylum eligibility, withholding may still provide protection. Contact us for evaluation.
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Overview
Withholding of Removal is a higher-burden form of protection than asylum — requiring proof that persecution is 'more likely than not' (vs. 'reasonable possibility' for asylum). Unlike asylum, withholding does not lead to a green card, does not allow family derivatives, and does not require the one-year filing deadline. Often considered when asylum is barred (one-year rule violation, criminal bars).
Eligibility Requirements
More likely than not (>50%) probability of persecution on protected ground if returned; persecution by government or actor government cannot/will not control; not subject to mandatory bars (terrorism, persecutor of others, certain serious crimes).
Application Process
Form I-589 filed in immigration court (most withholding cases are defensive). Higher evidentiary standard than asylum.
Required Documentation
Same documentation as asylum, with heightened evidentiary burden showing greater probability of harm.
Government Filing Fees
No fee.
Processing Timeline
Court timelines as with defensive asylum.
Why Choose Our Firm
We pursue withholding when asylum is unavailable or barred, particularly in one-year rule cases and cases with criminal complications.
