What is Asylum and Withholding of Removal?

Asylum

Asylum is relief allowing an alien to remain in the United States under legal status because he or she has suffered past persecution in his home country or country of last habitual residence, or because he has a well-founded fear of future persecution in his home country or country of last habitual residence and such persecution is based on race, religion, nationality, political opinion or membership in a particular social group.

Withholding of Removal

Withholding of Removal is relief that prevents removal to a country where the alien has a clear probability of suffering persecution based on race, religion, nationality, political opinion, or membership in a particular social group.  Withholding of Removal is only for those who are placed in removal proceedings. If USCIS is not trying to deport you, exclude you, or otherwise remove you from the United States, Withholding of Removal is not an available remedy.

Who May Apply

Any alien in the U.S. may apply for asylum.  The alien need not be in legal status in the U.S., although an alien in legal status may apply for asylum without jeopardizing his or her legal status.  Further, any alien in removal proceedings may apply for withholding of removal as well as asylum.

If you believe you may qualify for Asylum, contact our office for further evaluation and information concerning possible services.