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Asylum, Withholding of Removal, and CAT: which is the best?

Asylum, Withholding of Removal, and CAT: which is the best?

Many immigrants fear returning to their country of origin for various reasons. We understand that the circumstances differ from one case to the next. So, which form of relief is best for you? Let us take a quick look at the options available. Asylum is the best choice if you feel like you are in danger of persecution in your home country. You must apply within one year of coming into the United States. Ideally, you should apply for asylum immediately, as soon as you enter the U.S. from abroad, stating to the immigration that you are seeking Asylum. To win asylum, you must show that you have a well-founded fear of persecution on account of your race, religion, nationality, political opinion or your membership in a particular social group. If you are approved for Asylum, then you are eligible to become a green card holder and eventually a citizen, allowing you to travel outside of the United States. You can then petition for your family, and you will get work authorization. Withholding of Removal is similar to Asylum. It is often used when the applicant has missed the one year deadline to apply for Asylum. To win withholding, you must show that there is a clear probability that your life or freedom is threatened on account of your race, religion, nationality, political opinion, or your membership in a particular social group. You may be able to qualify for Withholding of Removal, even if you no longer qualify for Asylum. If you are granted Withholding of Removal, then you will be able to stay in the United States, and the government cannot deport you back to your country. If you win, you will be eligible for work authorization. Unfortunately, similar to conditions of the CAT option, you would not be eligible for a green card or U.S. citizenship, and you will never be eligible to petition for your relatives. CAT, or Convention Against Torture relief, is a last ditch effort for those who have triggered bars to asylum. Bars prevent an immigrant from qualifying for asylum in the United States. To win a CAT case, you must show that it is more likely than not that you would be subjected to torture if returned to your country, either by the government or with acquiescence to the government. If you can show this, you will be granted deferred action, and will not be deported from the United States. For more information on different forms of Asylum, please visit our website at To see if you qualify for Asylum, call our office today..

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